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GARY T GRABAR v JDS UNIPHASE CORP Click to find out why . . .



Keywords & Phrases
CaseNo: GTGVJUC162742, CourtName: MISC 2, Plaintiff: GARY T GRABAR, State: CA California, UniqueCaseRef: LCD>GTGVJUC162742, Jds Uniphase, Class Period, Publicly Traded Securities, Uniphase Stock, Officer, Networks, Growth, Demand, Uniphase Corporation, Undisclosed Adverse Information, Shares, Customers, Sales, Market, Pro Forma, Controlling Shareholder, Acquisition, Securities Analysts, Pro Forma Net, Quarterly Conference, Portfolio Managers, Securities Exchange Act, Building Blocks, Projected Earnings, Possession, Institutional Investors, Prospects , ContentID: 120252029

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 126632
46 pages
PDF
Total Documents: 1 document , 46 pages
Price: $ 19.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
CLASS PERIOD
PUBLICLY TRADED SECURITIES
UNIPHASE STOCK
OFFICER
NETWORKS
GROWTH
DEMAND
DEFENDANTS
UNIPHASE CORPORATION
UNDISCLOSED ADVERSE INFORMATION
SHARES
CUSTOMERS
SALES
BUSINESS
MARKET
PRO FORMA
CONTROLLING SHAREHOLDER
ACQUISITION
SECURITIES ANALYSTS
PRO FORMA NET
QUARTERLY CONFERENCE
PORTFOLIO MANAGERS
PLAINTIFF
SECURITIES EXCHANGE ACT
BUILDING BLOCKS
PROJECTED EARNINGS
POSSESSION
INSTITUTIONAL INVESTORS
PROSPECTS
 1 Joseph J. Tabacco, Jr. (75484)
      Jennifer S. Abrams (178203)
 2 BERMAN DEVALERIO PEASE
        TABACCO BURT & PUCILLO
 3 425 California Street
      Suite 2025
 4 San Francisco, CA 94104-2205
      Tel: 415/433-3200
 5 Fax: 415/433-6382
 6 Steven J. Toll
      COHEN, MILSTEIN, HAUSFELD
 7  & TOLL, P.L.L.C.
      1100 New York Avenue
 8 West Tower, 5th Floor
      Washington, D.C.  20005
 9 Tel: 202/408-4600
      Fax: 202/408-4699
10 Attorneys for Plaintiff Gary T. Grabar
11

12                                   UNITED STATES DISTRICT COURT
13                                NORTHERN DISTRICT OF CALIFORNIA
14  _____________________________________ )              No.
15 GARY T. GRABAR, On Behalf of Himself           )
      and All Others Similarly Situated,          )      CLASS ACTION
16                                                )
                            Plaintiff,            )      COMPLAINT FOR VIOLATION OF
17                                                )      THE FEDERAL SECURITIES
      vs.                                         )      LAWS
18                                                )
      JDS UNIPHASE CORPORATION, JOZEF             )
19 STRAUS, KEVIN KALKHOVEN,                       )      JURY TRIAL DEMANDED
      ANTHONY R. MULLER, DAN E. PETTIT,           )
20 CHARLES J. ABBE, ZITA M. COBB,                 )
      JOSEPH IP, FREDERICK LEONBERGER,            )
21 MICHAEL C. PHILLIPS, DONALD R.                 )
      SCIFRES and THE FURUKAWA ELECTRIC )
22 CO., LTD.,                                     ))
23                          Defendants.           )
      ______________________________________ )
24

25

26
27
28

      COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS                           1
SNIPPETS:
  • 10 Attorneys for Plaintiff Gary T. Grabar
  • publicly traded securities of JDS Uniphase Corporation
  • and directors and its controlling shareholder for violations of the Securities Exchange Act
  • Uniphase Corporation and JDS FITEL on 6/30/99.
  • 10 Uniphase stock so that the Company could make acquisitions using its inflated stock as
  • 15 Defendants represented that they had outstanding visibility, including demand for its
  • 17 whose job it was to monitor customers and their inventory levels and, as a result, JDS
  • 25 of the Company) and its controlling shareholder took advantage of the inflation,
  • of 25.2 million shares of their JDS Uniphase stock for proceeds of $2.1 billion.
  • lower than the Class Period high of $146.32.
  • F02 loss of $2.13 billion on sales of only $286 million, or 69% lower than in the 2ndQ F01.
  • 23 ConChairman of the Board and, since 5/00, has been Chief Executive Officer of the Company.
  • while in possession of undisclosed adverse information about JDS
  • Strategy and Business Development of JDS Uniphase.
  • The Company's stock trades in an efficient market on
  • Individual Defendant sought to demonstrate that he could lead the Company successfully and 10
  • 17 Company's securities and would cause the prices of the Company's publicly traded
  • modules are the basic building blocks for fiberoptic networks and perform both opticalnonly
  • 16 Defendants' strategy included the successful acquisition of several other companies which
  • The Company also reported pro forma combined sales for the year
  • conference call for securities analysts, money and portfolio managers, institutional
  • and stock traders to discuss the Company's business and its prospects.
  • These reports projected earnings for the Company and rated JDS
  • of $230 million and pro forma net income of $51 million or $per diluted
  • on and repeated statements disseminated by defendants, including on the quarterly conference
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