IN RE ERGOBILT INC SECURITIES LITIGATION


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Keywords & Phrases

CaseNo: ECAL167514, CourtName: MISC 2, State: MN Minnesota, UniqueCaseRef: LCD>ECAL167514, Electroscope, Common Stock, Prospectus, Securities, Registration Statement, Offering, Pursuant, Class Action, Shares, Kinnard, Odell, Net Revenues, Entry, Securities Act, Motion, Pgs, United States, Federal Securities, Randle Voyles, Judge, Distribution Agreement, Misleading, Times Relevant Hereto, Robert, Dismiss, Electrosurgical Instruments, Gart, Stock-in Order, Materially False, States District Court, Avrom Gart, Issued Pursuant, Class Period, Material Facts, John, Judge Ann, Montgomery , ContentID: 120252690

Case Documents

COMPLAINT
[ see first page and extracted highlights below ] ItemID: 127764

16 pages
HTML

1998-10-09

Government Exhibit # 1ST AMENDED COMPLAINT
[ see first page and extracted highlights below ] ItemID: 127763

57 pages
PDF

1998-03-24

DOCKET
[ see first page and extracted highlights below ] ItemID: 127765

8 pages
HTML

Total Documents: 3 documents , 81 pages

Price: $ 29.95

IVESLCD01 KGI0001

1 . COMPLAINT

EXTRACTED KEY WORDS

COMMON STOCK
PROSPECTUS
PLAINTIFF
SECURITIES
REGISTRATION STATEMENT
OFFERING
PURSUANT
CLASS ACTION
DEFENDANTS
SHARES
ODELL
KINNARD
NET REVENUES
MEMBERS
SECURITIES ACT
UNITED STATES
FEDERAL SECURITIES
DISTRIBUTION AGREEMENT
MISLEADING
TIMES RELEVANT HERETO
ELECTROSURGICAL INSTRUMENTS
STOCK-IN ORDER
MATERIALLY FALSE
STATES DISTRICT COURT
AVROM GART
RANDLE VOYLES
ISSUED PURSUANT
CLASS PERIOD
MATERIAL FACTS



                        UNITED STATES DISTRICT COURT
                           DISTRICT OF MINNESOTA


   -------------------------------------------------------

   AVROM GART, Individually and On Behalf
   of All Others Similarly Situated,

                         Plaintiff,

              - against -

   ELECTROSCOPE, INC., ROBERT C.
   ODELL, DAVID W. NEWTON, VERN D.
   KORNELSEN, ROBERT D. TUCKER,
   JOE W. TIPPETT, DONALD R.
   TEMPLE, C. RANDLE VOYLES, and
   JOHN G. KINNARD AND COMPANY,
   INC.,

                         Defendants.

   -------------------------------------------------------

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   X

SNIPPETS:

UNITED STATES DISTRICT COURT

AVROM GART, Individually and On Behalf of All Others Similarly Situated,

Plaintiff Demands a

Plaintiff, by his attorneys, for his Class Action complaint, alleges:

This is a securities class action on behalf of purchasers of the common stock of

That Offering was for 1,200,000 shares of common stock at $10.50 per share.

In its 1996 fiscal year ended March 31, 1996, less than three months before the Company's

The Prospectus was full of optimism about continued growth, especially for fiscal 1997,

On February 7, 1997, Electroscope filed its 1997 third fiscal quarter Form 10-Q with the SEC,

This Court has jurisdiction over the subject matter of this action pursuant to section 22 of

The wrongs alleged in this Complaint occurred, in substantial part, in this District,

In connection with the acts, conduct, and other wrongs complained of herein, defendants,

Defendant Roger C. Odell, a co-founder of Electroscope, was, at an times relevant hereto,

Defendants Robert D. Tucker, Joe W. Tippett, Donald R. Temple, and C. Randle Voyles were, at

Defendant John G. Kinnard and Company, Inc. was the lead underwriter of the Offering.

Because 1,200,000 shares of Electroscope's common stock were issued pursuant to the Offering

The names and addresses of the purchasers of Electroscope common stock on the (Offering and

The Registration Statement and Prospectus contained materially false and misleading

Electroscope designs, manufactures, and sells medical devices used in electrostatic surgery,

At the heart of Electroscope's sales strategy is its "Distribution Agreement" with Valleylab.

The Registration Statement of which the Prospectus was a part and which became effective on

I am seeking to serve as a representative party on behalf of a class in one other action

2 . Government Exhibit # 1ST AMENDED COMPLAINT

EXTRACTED KEY WORDS

DAMAGES
DREW CONGLETON
DEFENDANTS
ADJUSTMENTS
PROJECTIONS
ERGOBILT
INCOME

                                             UNITED  STATES  DISTRICT                             
                                                  NORTHERN  DISTRICT                     OF  TEXAS
                                                           DALLAS  DIVISION                        
       1.1
                                                                                                   
KEITH  DARTLEY  on  behalf                               of                    5                   
       1"
himself          and  all  others                                              5                   
                                                                                                   
      .-;'-,t

        ,:
similarly            situated,                                                 5                   
                                                                               5                   
                                      Plaintiff,                               ;               
V.
                                                                               i
ERGOBILT,            INC.,             GERARD  SMITH
GERALD  MCMILLAN,

                                      Defendants.

                                 FIRST  AMENDED  CLASS  ACTION  COMPLAINT

                     Plaintiffs                      make  the  following                       

information                 and  belief,                 except              as  to  allegations   
pertaining                to  plaintiffs                   and  their                counsel       
n

personal           knowledge,                     based  upon  the  investigation                  
y
and  under           the  supervision                           of  plaintiffs'                  
believe          that         further                substantial                evidentiary        

for        the  allegations                       set  forth           below          after        

opportunity                 for  discovery.

                                                       NATURE  OF  THE  ACTION

                     1.               This  is  a  federal                      securities         
behalf          of  all  persons                      who  purchased                  the  common  

Inc.         ("ErgoBilt"                  or  the  "Company"  1  between                           
May  14,  1998,  inclusive                                (the        I'Class         Periodt'),   
class         of  all  persons                       who  purchased                  ErgoBilt      

to  a  prospectus                        (the        "Prospectus"),                   issued

more of the defendants:

EXTRACTED KEY WORDS

MOTION
PGS
JUDGE
COUNSEL
ELECTROSCOPE
ROBERT
DISMISS
GART
JOHN
JUDGE ANN
MONTGOMERY
PLAINTIFFS
MAGISTRATE JUDGE
MAGISTRATE JUDGE ARTHUR
BOYLAN
KINNARD
MEMORANDUM
ODELL
DAVID
NEWTON
VERN
TUCKER
JOE
TIPPETT
DONALD
TEMPLE
RANDLE VOYLES
APPOINTMENT
AFFIDAVIT

Case docket was last updated on: 03/24/98.


Docket as of March 24, 1998 6:04 pm               Page 1

Proceedings include all events.                                   TERMED
0:97cv1343    Gart v. Electroscope, Inc., et al

                                                            TERMED
                       U.S. District Court
                      District of Minnesota

               CIVIL DOCKET FOR CASE #: 97-CV-1343

Gart v. Electroscope, Inc., et al                           Filed: 06/04/97
Assigned to: Judge Ann D Montgomery          Jury demand: Plaintiff
             Referred to: Magistrate Judge Arthur J Boylan
Demand: $0,000                               Nature of Suit:  850
Lead Docket: None                            Jurisdiction: Federal Question
Dkt# in other court: None

Cause: 15:77 Securities Fraud


AVROM GART, individually and      Randall H Steinmeyer
on behalf of all others           (COR LD NTC)
similarly situated                Reinhardt & Anderson
     plaintiff                    E 1000 First Bank Bldg
                                  332 Minnesota St
                                  St Paul, MN 55101
                                  (612) 227-9990

                                  Leo W Desmond
                                  (COR LD NTC)
                                  unknown

                                  I Stephen Rabin
                                  (COR LD NTC)
                                  Marvin L Frank
                                  (COR LD NTC)
                                  Rabin & Peckel
                                  275 Madison Ave Fl 34
                                  New York, NY 10016
                                  (212) 682-1818


   v.

SNIPPETS:

0:97cv1343 Gart v. Electroscope, Inc., et al

Magistrate Judge Arthur J Boylan

AVROM GART,

JOHN G KINNARD & COMPANY,

Montgomery per SEC list and referred to Magistrate Judge

Arthur J. Boylan, $150, Receipt No. 218453 (24 pgs)

(Entry date 06/05/97)

(cc: all counsel)

C Odell, David W Newton, Vern D Kornelsen, Robert D Tucker,

Joe W Tippett, Donald R Temple, C Randle Voyles by Lisa S

8/25/97 5 MOTION by plaintiff for appointment of lead counsel,

order approving lead plaintiffs' choice of co-lead counsel

appointment of lead counsel,

C Randle Voyles to dismiss (to Judge Ann

11/3/97 18 MEMORANDUM by Electroscope, Inc., Robert C Odell, David W

11/13/97 19 AFFIDAVIT of Mark M. Nolan regarding motion to dismiss


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