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1
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MEM FOR SETTLEMENT BAR ORDER
|
EXTRACTED KEY WORDS
WASSMANN KARL PARTY POPE0 DORR HALE REEDER LARRY MARKS ARTHUR COOPER ROBERT CONGLETON WILLIAM CABOT LOUIS GARRISON WHARTON RIFKIND WEISS PAUL SQUARE RESEARCH CORPORATION KENDALL SQUARE RESEARCH MEMORANDUM DEFENDANTS |
i 1-b
UNITED STATES
1 DISTRICT
IN RE: KENDALL SQUARE RESEARCH
CORP. SECURITIES LITIGATION
on No.
THIS DOCUMENT RELATES TO:
ALL ACTIONS
MEMORANDUM IN SUPPORT OF SETTLING
DEFENDANTS' MOTION FOR
ORDER
The Settling Defendants1
in support of
their Motion for a Settlement
any and all
pending or potential claims-over
of
indemnification, contribution
ainst any of the
Settling Defendants by any Person
Defendantm3
1 Unless defined herein,
used in this
Memorandum correspond to the defined
th in the
Stipulation of Settlement. A
terms is
attached as Exhibit A.
2 Class Plaintiffs have joined
SNIPPETS:
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2
.
CIVIL COVER SHEET
|
EXTRACTED KEY WORDS
PLAINTIFF COURT FMM GOVERNMENT BOSTON HABER SHAPIRO IAN0 ROBERT IZUZEONE BOSTONR ADDRES UIMNYR SHAPGRO G-RACE WPE ORPM RECORO ANORNEY SIGNATURE DOCKET JUOGE MMUCBONS VIII ONC JURY DEMAND UNOER COMPLAINTI ONTY CNECK CUSS IIS |
JS 44
(Rev. 07/96)
I (a) PIAlNTlFFS
Philin Dee
Robert Rosennberg and
David Zatt
S. Cooner,
eeder
I `,,`,:;
(b)
sex
COUNTY OF RESIDENCE OF FIRST LISTED
COUNIY OF RESIOENCE `bF FiAST-LISh&
(EXCEPT IN U.S. PLAINTIFF
(IN U.S. PLAINTIFF
Connecticut (out of state)
NOTE: IN IAN0 CONDEMNATION
OF THE
TRACT OF IAN0 INVOLVED
(c) ATTORNEYS (FIRM NAME. ADDRESS. AN0
t AmOANEYS (IF KNOWN)
Thomas G. Shapiro
Shapiro, Grace, Haber
75 State Street
Boston, MA 02109
(6171 d19-1919
II. BASlS OF JURlSDlCTlON
Ill. CITlZENSHlP OF PRINCIPAL
IR*fLyIX rar*mx
(For Oiitity Cases Only)
0 1 U.S. Govemllltent 8 3 hid
Plalntltf (U.S.
FTF Dff
PTl= DEF
SNIPPETS:
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3
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PLF RPLY SUP MTC DOCS
|
EXTRACTED KEY WORDS
COMPEL SQUARE TAX WORKPAPERS SQUARE ACCOUNT COMPEL PRODUCTION MOTION KENDALL SQUARE RESEARCH |
/
,.-.'
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
In re: . . .
KENDALL SQUARE RESEARCH CORP. ; C.A. No. 93-12352-EFH
SECURITIES LITIGATION :
PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT OF
THEIR MOTION TO COMPEL PRODUCTION OF DOCUMENTS
Pursuant to the Order approved by the Court on
24,
1997, the plaintiffs submit this reply memorandum
respond to a number of points made by the defendant
to plaintiffs' Motion to Compel the Production
Most of the arguments made by the defendant
discovery sought are so flawed that it is obvious
defendant's sole purpose is to further drive
litigating this case. The defendant has previously
plaintiffs to the burden of moving to compel discovery
in this case (docket nos. 89, 119, 128, and 150); the Court has
granted the plaintiffs' motions to compel four times.
plaintiffs respectfully request that the Court do so
time.
1. Plaintiffs' Motion to Compel is Certainly
The defendant's claim that the plaintiffs'
is untimely is disingenuous, to put it politely.
occasions since October 1996, the parties jointly
the Court extend the discovery period in this
occasion, the plaintiffs specifically advised
their intention to file the instant motion to
defendant raised no objection. Indeed,
SNIPPETS:
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4
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DEF OPP PLF MTC PROD DOCS
|
EXTRACTED KEY WORDS
LERACH HYNES LIB-2 CONFIDENCES PERSONNEL UNTIMELV |
UNITED STATES DISTRICT
DISTRICT OF MASSACHUSETTS
ORAL ARGUMENT
IN RE KENDALL SQUARE RESEARCH )
CORP. SECURITIES LITIGATION )
,.',
1 ORAL
':,I '1
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DEFENDANT'S MEMORANDUM IN OPPOSITION
PLAINTIFFS' MOTION TO COMPEL PRODUCTION
'.'..
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'
Defendant, Price Waterhouse LLP
opposes
1.
_<
~-"
Plaintiffs' untimely Motion to Compel
("Plaintiffs' Motion").
By order of the Court, fact
ended
on January 20, 1997. Weeks later,
filed
their latest motion, in which they now
SNIPPETS:
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5
.
PLF SUP MTC PROD DOCS
|
EXTRACTED KEY WORDS
KENDALL SQUARE PLAINTIFFS COURT PRODUCTION PRIVILEGE EXHIBIT ATTORNEY LITIGATION DEFENDANT PARTNER COMPEL PRODUCTION UNITED STATES SQUARE ACCOUNT MOTION TIBBETTS REPORTS PERSONNEL COUNSEL WITHHELD MEMORANDUM CLIENTS DISCOVERY PURPOSE EVIDENCE ANTICIPATION SECURITIES SQUARE RESEARCH ACCOUNTING |
:,, ,.,"
., ,"
,", "
UNITED STATES DISTRICT
' : /`l 8,
8,
1,.
_,,,
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( 1 ":. ', , ;'
DISTRICT OF MASSACHUSETTS
.
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iti -2.; -;; j -;,.;,
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-"----"-`-`-`--------"-----------x
,,
:
IN RE KENDALL SQUARE RESEARCH :
CORP. SECURITIES LITIGATION :
:
PLAINTIFFS' MEMORANDUM IN
MOTION TO COMPEL PRODUCTION OF DOCUMENTS
The plaintiffs submit this
heir
motion to compel production of
the
SNIPPETS:
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6
.
PLF MTN TO COMPEL DOCS
|
EXTRACTED KEY WORDS
PETER DEPUTY CLERK MCGARRY MORIN JANET RAINER CHRISTINE ANDREW URMY THOMAS LAW MEMORANDUM |
UNITED STATES DISTRICT COURT, !"> ":m
DISTRICT OF MASSACHUSETTS "' " ~ "' --
:
IN RE KENDALL SQUARE RESEARCH : Civil Action
CORP. SECURITIES LITIGATION : 93-12352-EFH
:
--'------"'----""------------x
PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS
The plaintiffs hereby move for an order
defendant Price Waterhouse to produce the following
it
has refused to produce:
1. items 9-12, 14-15, 21-26, and 28-36 on the
log supplied by Price Waterhouse (a
submitted as Exhibit 1 to the accompanying
2. the semi-monthly reports generated
1994 showing the billings of the two Price
partners assigned to work on the account
Square Research Corporation ("Kendall
relative amount of time they devoted
Kendall Square;
3. the personnel files of five Price
and employees who worked on the Kendall
in 1992 and 1993; and
4. the work papers generated by Price
connection with its tax work for Kendall
1991, 1992 and 1993.
In support of this motion, the plaintiffs submit
memorandum of law.
SNIPPETS:
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7
.
RAINER AFFIDAVIT
|
EXTRACTED KEY WORDS
COMPEL PETER DEPUTY CLERK MCGARRY MORIN JANET RAINER CHRISTINE ANDREW FLOOR OBJECTION |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
In re: : :
KENDALL SQUARE RESEARCH CORP. : C.A. No. 93-12352-EFH
SECURITIES LITIGATION :
AFFIDAVIT OF ANDREW RAINER
I, Andrew Rainer, having been duly sworn,
state:
1. I am one of the counsel for the
referenced case, and am submitting this
Plaintiffs' Motion to Compel Production of
February 6, 1997.
2. Counsel for the plaintiffs intentionally
the Motion to Compel until the end of discovery
it was necessary to establish a record through
support our entitlement to obtain several of
documents sought in the motion. This is evidenced
attached to the Motion, and the arguments
Memorandum in Support of the Motion to Compel.
3. I negotiated with Peter Casey, one of the counsel
defendant, four joint requests to extend the
this case. Each time I discussed extending
Casey, I specifically told him of plaintiffs'
motion to compel, and Mr. Casey raised no objection.
4. I discussed the last of the four extension
Mr. Casey on January 16, 1997, and on that
expected to serve the motion on him llshortly.ll
- .- --
SNIPPETS:
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9
.
PLF RPLY SUP CLASS CERT
|
EXTRACTED KEY WORDS
BERSHAD NEWBERG CCH COMMITTEE FEFFER LLP WECHSLER HARWOOD HALIEBIAN DAVID LERACH LLP HYNES MILBERG WEISS BERSHAD GLEN DEVALERIO TABACCO DOCUMENTWASSERVEDUPONTHEATTORNEYOFRECORD COMPLAINT INAPPROPRIATE CLASS ACTIONS HERBERT |
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
-__________________________________I___
IN RE: KENDALL SQUARE RESEARCH ;
CORPO-TION SECURITIES LITIGATION )
1
,,
_____________________________t_________
,, :
: ~
PLAINTIFFS' REPLY MEMORANDW IN SUPPORT OF
THEIR MOTION FOR CLASS CERTIFICATION
SHAPIRO GRACE HABER &
75 State Street
Boston, MA 02109
(617) 439-3939
BERMAN, DeVALERIO,
& TABACCO
One Liberty
Boston, MA 02109
(617) 542-8300
MILBERG WEISS BERSHAD
HYNES & LERACH LLP
One Pennsylvania
New York, N.Y.
(212) 594-5300
WECHSLER HARWOOD HALEBIAN
& FEFFER LLP
805 Third Avenue
SNIPPETS:
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10
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MEM SUP PLF MTN ORD DOCS
|
EXTRACTED KEY WORDS
COOPERS AUDIT KSR BUSINESS DEVELOPMENT GROUP FINANCIAL STATEMENTS HIGH TECHNOLOGY BUSINESS HIGH-TECH EXHIBIT PRODUCTION REQUEST HIGH-TECH CLIENTS DEFENDANT MOTION CONNECTION CAMBRIDGE ENTREPRENEURS NATIONAL GROUP FY91 FY92 LOCAL ESC WORKPAPERS ORNL FIRST DOCUMENT REQUEST RESPONSIBILITIES DEFENDANT PRICE WATERHOUSE MASSACHUSETTS ACCOUNTING KENDALL SQUARE PRACTICES |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS'
MOTION FOR AN ORDER COMPELLING THE PRODUCTION
DOCUMENTS BY DEFENDANT PRICE WATERHOUSE.
Plaintiffs submit this Memorandum of Law in support of their motion for an
order pursuant to Fed. R. Civ. P. 37 compelling defendant Price Waterhouse, L.L.P. ("PW")
to produce documents responsive to Plaintiffs' First Request for Production of Documents
Directed to Defendant Price Waterhouse (the "First Document Request," Exhibit 1 hereto).
The documents at issue fall into three categories:
1. Documents from PW's high technology practice group or other similar
group. These documents include: (i) documents from PW's High Technology Business
Development Group, including any local or national group, that was responsible for PW's
business development and which assisted its high-tech clients such as Kendall Square Research
Corporation ("KSR" or the "Company"); and (ii) documents from PW's Entrepreneurial
Services Center ("ESC") located in Cambridge, Massachusetts;'
2. PW's fiscal 1991 audit workpapers; and
3. Documents and communications between PW and Coopers & Lybrand,
L.L.P. ("Coopers") in connection with Coopers' audit of KSR's financial statements. These
1 To the extent that PW's High Technology Business Development Group, including
group, and PW's local ESC have different names, plaintiffs seek documents from those
documents and communications concern, among other things: (i) an agreement to transfer
SNIPPETS:
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11
.
PW OPP TO PLF CLASS CERT
|
EXTRACTED KEY WORDS
STUART FLOOR LERACH HYNES MASS SUBCLASS DAMAGES |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS. . .
1 CIVIL
IN RE: KENDALL SQUARE RESEARCH
CORP. SECURITIES LITIGATION ; 1 ORAL ARGUMENT
PRICE WATERHOUSE LLP'S OPPOSITION
PLAINTIFFS' MOTION FOR CLASS CERTIFICATION
Price Waterhouse LLP ("Price Waterhouse")
submits this limited opposition to Plaintiffs'
Certification ("Plaintiffs' Motion"). For the
below, this Court should conditionally certify
plaintiff's federal claims pursuant to Fed. R.
23(c) (4) w - The proposed class should be
subclasses as to the Section 11 and Section
Plaintiffs' motion should be denied as to the
claims. Furthermore, at this time, the Court
Order requiring plaintiffs to file an amended
consistent with the far narrower scope of this
substantial part to the Court's prior ruling
Waterhouse's motion to dismiss, than is reflected
Consolidated Amended Complaint. Fed. R. Civ.
BACKGROUND
In this matter, plaintiffs assert that
violated SlO(b) of the Securities Exchange
violated Sll of the Securities Act of 1933 and (iii)
common law l~deceitll by issuing, in March 1993, an
audit report on Kendall Square Research Corp.'s
SNIPPETS:
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12
.
DEF OPP TO PROD DOCS
|
EXTRACTED KEY WORDS
PLAINTIFFS PRICE WATERHOUSE DISCOVERY MOTION REQUEST PRODUCTION AUDIT ACCOUNTING SQUARE MATERIALS KENDALL MANUALS COURT STANDARDS GUIDANCE COMPEL BURDENSOME EXHIBITS WORKPAPERS RESPONDING REASONS SECURITIES MASS FINANCIAL STATEMENTS LITERATURE LITIGATION AUDITING OBJECTIONS ASSERTING |
UNITED
COURT
USETTS
. -,
-,.i
--
,-
-
..'
. ,
. ..* . ..* l . ..*
.
I-
! '
IN RE: KENDALL SQUARE RESEARCH
: CIVIL ACTION NO.
CORP. SECURITIES LITIGATION
93-12352-H
.
.
. . . . l . . . . . l
. .
SNIPPETS:
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13
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PLF ORD FR PROD DEF DOCS
|
EXTRACTED KEY WORDS
REQUEST DEFENDANT KENDALL ACCOUNTING PRACTICES PRODUCTION CONNECTION MANUALS TRANSCRIPTS MOTION EXHIBIT LITIGATION PWS PRICE WATERHOUSE FIRST REQUEST SECURITIES TESTIMONY DISCOVERY UNITED STATES PROFESSIONAL LITERATURE FINANCIAL STATEMENTS PRODUCING EXCHANGE COMMISSION KENDALL SQUARE OBJECTION EMPLOYEES OBJECTING RESPONDED THERETO ORDER PURSUANT MEMORANDUM |
UNITED STATES DISTRICT COURTf;;;-; `,' (, !-;; ;: - :`:
FOR THE DISTRICT OF MASSACHUSETTS
IN RE: KENDALL SQUARE RESEARCH Civil Action
93-12352-H
MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS'
MOTIoN FOG m ORDER COMPELLING THE pR(-,,,UCTI(-,N
2
D
Plaintiffs submit this Memorandum of Law in support of their
order pursuant to Fed. R. Civ. P. 37 compelling defendant Price Waterhouse, L.L.P.
to produce documents responsive to Plaintiffs' First Request for Production of Documents
Directed to Defendant Price Waterhouse (the "First Request, " Exhibit A hereto). The
documents at issue fall into two categories: (i) PW's complete accounting/auditing manuals
and professional literature concerning practices at issue in the litigation; and (ii)
PW produced to or received from the United States Securities and Exchange Commission
"SEC") in connection with the SEC's investigation into Kendall Square's accounting
including the "PWS" series of documents.
I. INTRODUCTION
On March 1, 1994, plaintiffs served their First Request on PW.
1994, PW responded thereto (Exhibit B hereto), objecting and producing certain documents.
On June 26, 1995, plaintiffs filed a motion to compel PW to
transcripts of testimony given by PW employees to the SEC, along with the exhibits
Subsequently, this Court granted plaintiffs' motion. In compliance with the Court's
motcombr.doc
SNIPPETS:
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14
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PLF RPLY SUP PROD DOCS
|
EXTRACTED KEY WORDS
TRANSCRIPTS REQUEST CONTROL PRODUCTION EMPLOYEES COURT WITNESSES COMPEL MOTION COUNSEL CONERLV TESTIMONY DISCLOSURE CONNECTION ATTORNEY-CLIENT WORK PRODUCT RELATED EXHIBITS DEFENDANTS PROTECT PRIVILEGE POSSESSION REQUIRING RECOGNIZING ASSERT PERSONNEL SUPPORT COSTS REVIEW PROPOSED ORDER |
i
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
IN RE: KENDALL SQUARE RESEARCH CORP. Civil
SECURITIES LITIGATION
PLAINTIFFS' REPLY MEMORANDUM IN SUPPORT OF
PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF
DIRECTED TO DEFENDANT PRICE WATERHOUSE.
Plaintiffs respectfully submit this supplemental reply memorandum in
motion to compel. This memorandum is necessary to: 1) discuss issues raised by Price
Waterhouse, LLP's ("PW") opposition; 2) clarify plaintiffs' position concerning
identification of non-PW personnel examined by the SEC; and 3) correct PW's
law and mischaracterizations of plaintiffs' motion to compel.
I. BACKGROUND
Before the Court is Plaintiffs' Motion To Compel Production Of
Defendant PW ("Motion To Compel"). Plaintiffs have moved to compel the production
documents including transcripts and related exhibits from all present and former
PW who testified before the Securities and Exchange Commission ("SEC") in
the SEC's investigation into Kendall Square Research Corp.`s ("KSR") accounting
fiscal years 1992 and 1993 (the "SEC's Investigation"). PW has disclosed to
of four (4) PW personnel who have given testimony before the SEC in connection
investigation. Of the four (4) PW witnesses who testified before the SEC, three
employees and one (1) is a former employee.
SNIPPETS:
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15
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PLF MEM OPP MTN COMP DOCS
|
EXTRACTED KEY WORDS
DAMAGES ACS MOTION COMPEL REQUEST COURT PRICE CLASS MEMBERS REASONABLY ESTIMATE SECURITIES SETTLEMENT ABSENT CLASS MEMBERS DISCOVERY CIV DISCLOSURE OBLIGATIONS RELATED REQUEST PRODUCTION CLASS PERIOD PRICE WATERHOUSE DEFENDANTS CONNECTION RECOGNIZED LOSS REPORT CLAIMANTS DAMAGE ANALYSIS DISCLOSURE OBLIGATIONS PURSUANT REASONS SET SECURITIES SERVICES OPPOSITION MEMORANDUM |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
'
IN RE: KENDALL SQUARE RESEARCH CORP.
SECURITIES LITIGATION
`:,::
`,,
,'
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;, I"::
PLAINTIFFS' MEMORANDUM IN OPPOSITION TO
`: `:
WATERH
c USE LLP'S M TI
Plaintiffs respectfully submit this Memorandum in Opposition to Price Waterhouse,
LLP's Motion to Compel Production of Documents ("Motion to Compel"). Price Waterhouse,
LLP's ("Pw") Motion to Compel ostensibly seeks the same documents as PW's Request For
Production Of Documents Directed To ACS Financial & Securities Services (the "Request")
served on plaintiffs on July 10, 1995. For the reasons set forth below this Court should
PW's Motion to Compel because:
1. Plaintiffs object to PW's'Motion to Compel and its related Request because,
other things: a) plaintiffs have complied with their disclosure obligations pursuant to
P. 26(a)(l)(C) and h ave agreed to provide to PW & class damage
approximately $70 million that reasonably estimates the class' damages for the class
relevant to this action -- i.e., March 25, 1993 through and including December 3,
SNIPPETS:
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16
.
DEF OPP MTN PROD DOCS
|
EXTRACTED KEY WORDS
YORK WECHSLER STUART FLOOR LERACH HYNES CONTROL CONTINGENT |
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
PRICE WATERHOUSE LLP'S OPPOSITION
PLAINTIFFS` MOTION TO COMPEL PRODUCTION OF DOCUMENTS
Price Waterhouse LLP respectfully submits
plaintiffs ' Motion to Compel Production of Documents
Defendant Price Waterhouse, L.L.P. ("Motion to
Plaintiffs' motion erroneously seeks to compel Price
Waterhouse to produce transcripts and related
examinations of four past and/or present Price
employees taken by the Securities and Exchange
connection with its investigation of Kendall
Corporation. Because any such material is not in Price
Waterhouse's possession, custody or control under
34, the Motion to Compel must be denied,
Alternatively, should the Court determine
are entitled to such materials, then the Court's
the Motion to Compel should further provide that
(as well as plaintiffs) are entitled to SEC examination
transcripts and related exhibits of the Settling
including Kendall Square's officers, directors
any other persons who have testified in connection
investigation.'
SNIPPETS:
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17
.
REP OF DIST OF FUNDS
|
EXTRACTED KEY WORDS
YERASI DISTRICT YORK COUNSEL SETTLEMENT ADMINISTRATOR WECHSLER BERSHAD SHAPIRO DEVALERIO EXHIBIT HERETO CHARLES SCHWAB CONFIRMATION RECOGNIZED LOSS FRAUDULENT CLAIM FUNDS REPORT SECURITIES SQUARE EXECUTIVE COMMITTEE PLAINTIFFS MADISON AVENUE FEFFER SKIRNICK HARWOOD HALEBIAN WECHSLER SKIRNICK HARWOOD FLOOR PENNSYLVANIA PLAZA LERACH WEISS BERSHAD HYNES |
"1 ',ljt"F,
i. ; :.I 'i-
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
i,; 7:X -i;-
,, : ,,I: 1 <
:
IN RE: KENDALL SQUARE RESEARCH : CIVIL ACTION
CORP. SECURITIES LITIGATION . . 93-12352-EFH
.
STATUS REPORT CONCERNING
FINAL DISTRIBUTION OF SETTLEMENT FUNDS
The settlement administrator recently informed counsel for the Class that a
fraudulent claim was submitted by Mr. Ma1 Yerasi (claim #3868). Mr. Yerasi's claim
was listed in the settlement administrator's Recognized Loss Report as a valid and
accepted claim with a recognized loss of $246,855.20. The settlement administrator
confirmed with Charles Schwab that the trade confirmation slip which Mr. Yerasi
submitted in support of his claim form is not authentic and that all of the
contained therein is false. A copy of the letter from Charles Schwab is attached
Exhibit A.
According to a June 1, 1995 article from the New York Newsday (Nassau
Edition), Mr. Yerasi has submitted nearly $5 million in fraudulent claims in 48
class action cases. A copy of the article is attached hereto as Exhibit B.
SNIPPETS:
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18
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PLF MTN COMP DOCS
|
EXTRACTED KEY WORDS
REQUEST TRANSCRIPTS EXHIBITS YORK COUNSEL RELATED EXHIBITS ATTORNEYS MOTION EMPLOYEES PRODUCTION PURSUANT SQUARE CONNECTION COMPEL PRODUCTION HEREBY CERTIFY SAIA LOCAL RULE COURT RELATING WATERHOUSE PRICE RABIN TOLL ABBEY LIFSHITZ PHILADELPHIA BARRACK GERSTEIN WOLF |
?
* UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
IN RE: KENDALL SQUARE RESEARCH CORP.
SECURITIES LITIGATION
"1' `\,
,m
,,
1"~
PLAINTIFFS' MOTION TO COMPEL PRODUCTION OF
DIRECTED TO DEFENDANT PRICE WATERHO USE? L.L.P.
,/,,,,
/'
. .
Pursuant to Fed.R.Civ.P. 37, plaintiffs hereby move to compel
including transcripts and related exhibits, from all present and former
Waterhouse, L.L.P. ("PW") who testified before the Securities and Exchange
("SEC") in connection with the SEC's investigation into Kendall Square
(LKSR") accounting practices for fiscal years 1992 and 1993 (the `"SEC's
As grounds for their motion, plaintiffs state that: 1) on March 1,
Plaintiffs' First Request For Production Of Documents Directed To Defendant
requesting, among other things, transcripts and related exhibits of present
SNIPPETS:
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19
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PLF MEM REG PROD DOCS
|
EXTRACTED KEY WORDS
TRANSCRIPTS RELATED EXHIBITS EMPLOYEES DEFENDANTS PRODUCTION CONNECTION FINANCIAL STATEMENTS REQUEST AUDIT FORMER EMPLOYEES MOTION COURT FEDERAL SECURITIES LAWS ACCOUNTING PRACTICES COMPEL TESTIMONY DISCLOSURE COMMISSION CLASS PERIOD PUBLIC ACCOUNTING FIRM SECURITIES FRAUD ACTION KENDALL SQUARE RESEARCH POSSESSION LITIGATION REVENUE RECOGNITION PRACTICES INDEPENDENT PUBLIC ACCOUNTANTS1 COMMON STOCK PRICE WATERHOUSE MATERIALS |
-..
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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
>,
,
-1,
IN RE: KENDALL SQUARE RESEARCH CORP.
SECURITIES LITIGATION
+
PLAINTIFFS' MEMORGNDUM IN SUPPORT OF ITS
MOTION TO COMPEL PRODUCTION OF DOCUMENTS
TO DEFENDANT PRICE WATERHOUSE?
Pursuant to Fed.R.Civ.P. 37, plaintiffs hereby submit this memorandum in
their motion to compel production of documents, including transcripts and related
all present and former employees of Price Waterhouse, L.L.P. (,`PW") who
Securities and Exchange Commission (`SEC") in connection with the SEC's
Kendall Square Research Corp.`s ("KSR") accounting practices for fiscal years
(the "SEC's Investigation").
I. INTRODUCTION AND PROCEDURAL BACKGROUND
This is a securities fraud action in which plaintiffs allege, among
SNIPPETS:
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20
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PW RESP TP ORD DIST FUNDS
|
EXTRACTED KEY WORDS
BOSTON BERSHAD THOMAS WECHSLER MATTER ENCLOSURE COURT DISTRICT CIVIL CASEY PETER WASHINGTON EDMUND DAVID YORK DOUGHERTY STUART SQUARE POPEO SETTLEMENT MOTION RESPONSE PRICE WATERHOUSE ROBERT GLEN DEVALERIO RUDMAN JEFFREY SHAPIRO VER |
:
,? q
IN RE: KENDALL SQUARE RESEARCH : CIVIL
CORP. SECURITIES LITIGATlON . . 93-12352-H
:
l .
PRICE WATERHOUSE LLP'S RESPONSE TO MOTION
FOR ORDER AUTHORIZING DISBURSEMENT OF SETTLEMENT FUND
Pursuant to this Court's Order dated May 4, 1995, Price
Waterhouse LLP ("Price Waterhouse") hereby
plaintiffs' Motion for an Order Authorizing
Settlement Fund ("Motion for Disbursement8'),
served on Price Waterhouse following the Court's
1995.
Price Waterhouse takes no position with
plaintiffs ' Motion for Disbursement. In doing
Waterhouse does not acknowledge agreement with
positions or factual assertions set forth in the
Disbursement, and the accompanying memorandum and
submitted in support thereof, and fully reserves
challenge any such legal positions or factual
as they may relate to further litigation of this
Price Waterhouse or to any litigation arising
SNIPPETS:
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22
.
PLF MTN FR CLASS CERT
|
EXTRACTED KEY WORDS
BADER MORRIS WOLF ENCLOSURES TGS PETER HAND DELIVERY HENRY ELLIS ANNE ROSENBLUM BLAUNER MICHELLE URMY HABER THOMAS SHAPIRO EDWARD JOHNSON DENNIS SQUIRE GREENFIELD HARVEY MONTAGUE BERGER GROSS BERNARD GARLAND RABIN FISHER BACINE RODOS BARRACK |
-.
IN THE UNITED STATES DISTRICT
FOR THE DISTRICT OF MASSACHUSETT$
:; i
8~.
IN RE: KENDALL SQUARE RESEARCH CORP. :
SECURITIES LITIGATION
PLAINTIFFS' MOTION FOR CLASS CERTIFICATION
Pursuant to Rule 23 of the Federal Rules
plaintiffs move for an Order certifying a Class
follows:
All persons or entities who purchased
common stock of Kendall Square
Corporation during the period beginning
March 25, 1993 through December
inclusive and who sustained a loss.
Excluded from the Class are the defendants,
members of the immediate families
the individual defendants named in the
Consolidated Amended Complaint,
or directors and/or partners of each
defendant entity. -
Plaintiffs' motion is based on the accompanying
of Law and all other pleadings on f ile in this
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