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WILLIAM GROVER v ARTHUR ANDERSEN Click to find out why . . .



Keywords & Phrases
CaseNo: WGVAA169602, CourtName: MA DC, Plaintiff: WILLIAM GROVER, State: MA Massachusetts, UniqueCaseRef: LCD>WGVAA169602, Sequoia, Settlement, Revenue, Stock, Common, Sales, Securities, Financial Statements, Equipment, Exchange, Amount, Government, Audit, Shipment, Class Period, Principles, Cash, Securities Laws, Transaction, Income, Purchase Order, Exchange Act, Revenue Recognition, Pursuant, Prior, Contingencies, Class Counsel, Adequate, Settlement Fund, Proceeds, Gaas, Expenses, Heffler, Rule Lob-5, Action Pursuant, Face Amount, Receivables, Distributor, Revenues, Representing, Net Income, Mela, Previouslv , ContentID: 120254004

Case Documents
1 1994-04-28 INTRM RPT SETTLEMENT ADMIN
[ see first page and extracted highlights below  ] ItemID: 130818
10 pages
PDF
2 1993-09-03 PLF MEMO FOR CLS ACTN STL
[ see first page and extracted highlights below  ] ItemID: 130820
55 pages
PDF
3 1993-08-02 ORDR PRLMNRY APRVL STLMNT
[ see first page and extracted highlights below  ] ItemID: 130819
7 pages
PDF
4 1993-06-16 CLASS ACTION COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 130817
53 pages
PDF
5 1993-06-16 CIVIL COVER SHEET
[ see first page and extracted highlights below  ] ItemID: 130816
4 pages
PDF
Total Documents: 5 documents , 129 pages
Price: $ 39.95


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1 . INTRM RPT SETTLEMENT ADMIN

EXTRACTED KEY WORDS
SETTLEMENT FUND
HEFFLER
STOCK
PLAINTIFFS
DEFICIENT
COUNSEL
COMMON
ADMINISTRATION
DISTRIBUTION
LAWSON
HOWARD
PREFERRED STOCK
SHARES
CLAIMANTS
ESCROW
FEES
SEQUOIA COMMON
COSTS
BALLARD SPAHR
APPROVING
NET SETTLEMENT FUND
MOTION
COURT
FINANCIAL CONSULTANT
SUBSEQUENT
EXPENSES
PAYMENT
CASH
SOLD
                                          IN  THE  UNITED  STATES  DISTRICT  COURT
                                          FOR  THE  DISTRICT  OF MASSACHUSETTS


"--_----------------_-----I-                   ------------------------------x

IN  RE  SEQUOIA  SYSTEMS,  INC.                                                          MASTER 
SECURITIES  LITIGATION                                                                   92-l  143

----""""""`---------------------------------------------~
THIS  DOCUMENT  RELATES  TO:
ALL  ACTIONS

"""`----"-`"""-----------------------------------------~
1-----------------1---  -----------------------------------------~
WILLIAM  GROVER  RICHARD  MORASH                                                   :
FRANK  DELLAROCCA,  STEVEN  RONIS,                                                 :     CML 
JOHN  AS&El-IA  and PHYLISS  ASSEl-TA                                              :     93-l 133

                                        Plaintiffs,

                                 -against-


ARTHUR  ANDERSEN  &  COMPANY,

                                                               Defendant.
-----------------*-------------------------------------------"---~





                                 Plaintiffs,  by  their  counsel, hereby report to the Court 

date of the administration  of the Settlement.

                                 As described below, the administration  has been highly 

have submitted  3,522 Proofs of Claim.  He&r  &  Co., the Settlement Administrator  acting under

the  direction  of  Plaintiffs'  counsel,  has processed all  of  these claims,  requesting 

where  required to  cure deficiencies,  and classifying  the claims  as entirely  valid  (2,589

partially  valid/partially  rejected (138 claims),  partially  valid/partially  deficient  (3

                                                                                                   
                                                                                                   
SNIPPETS:
  • the Settlement Administrator acting under
  • deficient,
  • The administration has also seen the marked increase in the value of the common
  • Under the direction of Howard, Lawson & Co., the Independent
  • Financial Consultant appointed by the Court, the Settlement Fund has sold a total of 554,615
  • At this point, 2 10,000 shares of Sequoia common remain in the Settlement Fund.
  • Fund makes upon the sale of stock, the Settlement Fund is obtaining advice with regard to the
  • calculation and payment of such taxes.
  • Plaintiffs' counsel intend to file a motion for distribution of the net settlement fund
  • The Settlement consisted of $3,125,000 cash plus preferred Stock having
  • approving the Settlement and dismissing the Litigation with prejudice.
  • Plaintiffs' counsel retained the firm of Heffler & Company,
  • Establishment of Escrow Account and Appointment of Independent Financial Consultant (the
  • ti of Ballard Spahr Andrews & Ingersoll.
  • Subsequent to the entry of the Escrow Order, a dividend was paid on the
  • of professional time and large expenses in connection with settlement administration
  • of the payment of professional fees and expenses of Heffler & Co.; State Street; Howard
  • the claims of 758 claimants have been rejected in their entirety.
  • of Howard, Lawson & Co., including fees and costs anticipated through distribution

  • 2 . PLF MEMO FOR CLS ACTN STL

    EXTRACTED KEY WORDS
    SEQUOIA
    DEFENDANTS
    COURT
    STOCK
    AMOUNT
    PLAINTIFFS
    CASH
    PURSUANT
    PRIOR
    CLASS COUNSEL
    PROCEEDS
    LITIGATION
    FACE AMOUNT
    ADEQUATE
    REVENUES
    CLASS PERIOD
    EXPENSES
    CLASS MEMBERS
    CONNECTION
    COMMON STOCK
    FINANCIALS
    COMPLAINT
    AFFIDAVIT
    NEGOTIATIONS
    OFFICERS
    CONTRACTORS
    MISREPRESENTATION
    SECURITIES
    RECOGNITION
    
                                                                       UNITED                         
    RT
                                                                           DISTRICT                    
    
    
    
    -----____~-----------                                                        --------------x
    IN  RE:                              SEQUOIA  SYSTEMS,  INC.                                       
    ILE  NO.
    SECURITIES                                        LITIGATION                                       
    -WD
    
    -----___-                                     -------__--a-                         -----m-------x
    THIS  DOCUMENT  RELATES  TO:
    ALL  ACTIONS
    
                              ________-------                                    ------2-------x
    
    -------                         ---------___------                                                
    
    WILLIAM                              GROVER,  RICHARD  MORASH,
    FRANK  DELLAROCCA,                                                 STEVEN  RONIS,                  
      ACTION  NO.
    JOHN  ASSETTA  and  PHYLISS  ASSETTA,                                                              
    -WD
    
                                                                Plaintiffs,
    
                                                    -against-
    
                                                                                                       
    ARTHUR  ANDERSEN  &  COMPANY,                                                                      
    
                                                                            Defendant.                 
     ---------                                    --------------------------                           
    
    
    
    
    
                                                                           PLAINTIFFS'                 
                                                                 SUPPORT  OF  CLASS  ACTION            
    T
    
    
                                                                                 BERGER  &  MONTAGUE, 
                                                                                                     
                                                                                                      
                                                                                                    
    
    SNIPPETS:
  • expenses.
  • misrepresentation.
  • Defendants
  • that the Settlement
  • by the Court
  • and adequate
  • Pursuant
  • in cash,
  • in face amount
  • stock.
  • In connection
  • all proceeds
  • Affidavit
  • BACKGROUND AND PROCEDURAL HISTORY OF THE LITIGATION
  • to serve as Plaintiffs'
  • Complaint
  • and where recognition
  • of the revenues
  • contractors.
  • GAAP), Sequoia
  • the Class Period
  • by Class Counsel indicates
  • Prior to recognizing
  • 1991 financials.
  • common stock.
  • Securities

  • 3 . ORDR PRLMNRY APRVL STLMNT

    EXTRACTED KEY WORDS
    COUNSEL
    SETTLEMENT
    EXCLUSION
    CLASS MEMBER
    REQUEST
    PROPOSED SETTLEMENT
    PARAGRAPH
    ADEQUATE
    REASONABLENESS
    AGREEMENT
    ADMINISTRATOR
    SEQUOIA
    LEAD COUNSEL
    FIRST CLASS MAIL
    HERETO
    NOMINEES
    PLAINTIFFS
    BOSTON
    EXHIBIT
    MANNER
    FAIRNESS
    ANV
    AWARD
    SEEKING EXCLUSION
    SENDER REQUESTS
    PHILADELPHIA
    WRITTEN REQUEST
    MALL
    PEFSONS
    
                                                                                                       
                                                                                                       
                                                                                                       
                                               UNITED  STATES  DISTRICT  CWRT                          
                                          FOR THE  DISTRCT  OF  MASSACHU~~~~S  By:  =
                                                                                                       
    
    -I-  ------m-I-.m-,                                                          x
    IN  RE  SEQUOIA  SYSTEMS,  INC.                                             . .         MASrER 
                  SlECURttlES  LlTIGATlON                                       . *         9%11435WD
                                                                                1
                                                                                I                      
    ---LIY------I-~-_-                                       --I-Y               X
    THIS         DOCUMENT                RELATES     70:                       :
    ALL  ACTIONS                                                               . . * 1
    .."Wwy  u-               ---cII--IIuI            ----a--u-                       X
    -YY--I---III.--Y-                                 --L-Y---
    WILLIAM               GROVER,  RICHARD  IUORASH,                           :'
    FRANK  DEiLmROCCA,                        STEVEN  RONIS,                   :            CIVIL 
    JOl-tN  ASSmA                 and  PHYLISS  ASSE72A,                       :            93-113311WD
                                                                               . .
                                                Plaintiffs,                    : - .
                            -against-                                          . . . .
    ARTHUR  ANDERSEN  &  COMPANY,                                              : .
                                                Defendant.                     I
    .I--  -II----z---------                                                         X
    
    
    
    
    
                                  ORDER  OF  PREU-Y                       APPROVAL         OF  =tEMENT
    
    
    
                            UpOn  consideration         and  review  of  the  Agreement  of  Settlement
    
    30, 1993  (the  `Agreement")                executed  on  behalf  of  the  plaintif               
    
    below),  on  behalf  of  defendant  Sequoia  n/stems,                            Inc.  ("Sequoia3, 
    
    Jack  J.  Stlffler,      Gabriel       P. Fusco  and  Kent  R. Allen  (ColleCtiVely
                                                                                                    the
    
    herein),       and  on  behalf  of  defendant                      Arthur  Andersen  &  Co. 
    
    consideration            of  41  prior  proceedings                in  these  cases,  the  Court   
    
    
    
    SNIPPETS:
  • A "Class Member" Is any per-son within the Class who fails to timely ODt OUT of the Cla5S as
  • ~ocica and Summaw Notice, and the manner of giving notice as set forth below, comply
  • Exhibit 1 and 3 to be sent by first class mail, Postage prcoaid, to each Class Member who
  • substantially the form attached hereto as Exhibit 2 to be published one time in the Boston
  • Members, shall, upon receipt of the Notice, immediate& contact the Sequoia Settlement
  • Administrator designated by PlaintifFs' Lead Counsel, and within five days from receipt
  • efforts to ensure that the nominees fulfill these notice procedures.
  • in the Agreement is fair, reasonable and adequate and should be approved by the Court;
  • on Final Approval as Drovided in Paragraph 13 of the Agreement
  • pefsons shall mall.
  • bv first class mail, a written request for exclusion from the class,
  • Box 1270, Philadelphia, PA 19105-1270.
  • Such request for exclusion snail clearly indicate thal:
  • the sender requests to be excluded from the Class and shall state:
  • of the person seeking exclusion; and the number of shares of Sequoia common stock
  • approval OF the proposed Settlement or whv a iudgment should not be entered thereon,
  • a person be heard in opposition to the proposed Settlement, the award of attorneys' fees
  • and expenses, and incentive nayments, and in no event shall anv paper or brief submined
  • APPrOVal bv Plaintiffs' Lead Counsel, and counsel fOf Secluoia and each of the Individual
  • from making any objection to the fairness or adequacv of the prouosed Settlement as
  • fairness, reasonableness and adequaw of the proposed Se~lement, no Class Member may
  • DaLed vlis 2d day of August,1993 at Boston.

  • 4 . CLASS ACTION COMPLAINT

    EXTRACTED KEY WORDS
    REVENUE
    SALES
    COMMON
    SECURITIES
    FINANCIAL STATEMENTS
    EQUIPMENT
    PLAINTIFFS
    EXCHANGE
    AUDIT
    SHIPMENT
    PRINCIPLES
    GOVERNMENT
    SECURITIES LAWS
    TRANSACTION
    INCOME
    PURCHASE ORDER
    EXCHANGE ACT
    REVENUE RECOGNITION
    CONTINGENCIES
    CLASS PERIOD
    GAAS
    RULE LOB-5
    ACTION PURSUANT
    RECEIVABLES
    DISTRIBUTOR
    REPRESENTING
    NET INCOME
    MELA
    PREVIOUSLV
    
                                   UNITED  STATES  DISTRICT            COURT                           
                            FOR  THE  DISTRICT         OF  MASSACHUSETTS                               
    
    
    
    WILLIAM      GROVER,  RICHARD  MORASH
    FRANK  DELLAROCCA,               STEVEN  RONIS,
    JOHN  ASSETTA  and  PHYLISS  ASSETTA,
    
                                       Plaintiffs,
    
                     -against-                                             CLASS  ACXION  COMPLAINT
    
    ARTHUR  ANDERSEN  &  COMPANY,
    
                                       Defendant.
    
    
    
    
                     All  allegations  made  in  this  Complaint  are  based  upon  information        
    
    belief,  except.for  those  allegations  which  pertain  to  the named  plaintiffs  and their 
    
    which  are  based  upon  personal  knowledge.  Plaintiffs'  information  and  belief  are  based,
    
    inter  alia,  upon  the  investigation  made  by  and  through  their  attorneys.
    
                                      JURISDICTION         AND  VENUE
    
                     1.     Plaintiffs  bring  this  action  pursuant  to  Sections  10(b)  of  the 
    
    and  Exchange  Act  of  1934  ("the  Exchange  Act")  [15  U.S.C.  sec.78j(b)],  Rule  lob-5
    
    promulgated  thereunder  by  the  Securities  and  Exchange  Commission  ("the  S.E.C.")  [17
    
    C.F.R.  sec. 24O.lOb-51,  and  pursuant  to  the  common  law  of  fraud.
    
                     2.      This  Court  has jurisdiction  over  this  action  pursuant  to  Section 
    
    of  the  Exchange  Act  [15  U.S.C.  sec. 7&t],  28  U.S.C.  Section  1331,  the  provisions  of 
    
    
    federal  securities  laws  identified  in  the  foregoing  paragraph,  and  pursuant  to  principles
    
    of  pendent  jurisdiction.
    
                      3.     Venue  is appropriate  in  this  District  pursuant  to  28  U.S.C. 
    
    
    SNIPPETS:
  • Plaintiffs' information and belief are based,
  • Plaintiffs bring this action pursuant to Sections 10of the Securities
  • and Exchange Act of 1934, Rule lob-5
  • and pursuant to the common law of fraud.
  • federal securities laws identified in the foregoing paragraph,
  • These systems are used in on-line transaction
  • United States government agencies and foreign distributors.
  • Sequoia handles relatively few transactions involving very large sums of money.
  • revenue on transactions in violation of Generally Accepted Accounting Principles
  • AA also provided audit opinions that were incorporated
  • opinion on those financial statements based upon its audits.
  • which reported revenue and income that had been improperly recognized.
  • This number represents the aggregate of the four quarterly reports for fiscal 1992: first
  • common stock was owned by at least 520 shareholders of record, representing many
  • Sequoia's common stock purchased during the Class Period are available from Sequoia's
  • The General Standards of GAAS require,
  • Revenue Recognition When Right of Return
  • sales revenue and cost of sales shall be
  • equipment and systems even though legal title to such equipment and systems never
  • contingencies that were not satisfied at the time Sequoia recorded the sale.
  • In order to inflate results, on or even prior to the day of shipment,
  • dealings with MELA.
  • non-binding purchase order pertaining to the requirements of Rock Island Arsenal,
  • of certain receivables, including a $2.5 million receivable from a government reseller
  • Polish or Russian shipments included deliveries to Microvex (a distributor in Poland),

  • 5 . CIVIL COVER SHEET

    EXTRACTED KEY WORDS
    LAND
    USC
    PERSONAL INJURY
    GOVERNMENT
    DEFENDANT
    COURT
    DEMAND
    BUSINESS
    PTF DEF
    PARTIES
    CITIZENSHIP
    ILL
    LAND CONDEMNATION
    RESIDENCE
    COUNTY
    ASSETTA
    INSTRUCTIONS
    LAW
    RHE
    SHEER
    CIVIL
    JUDGE
    LROM
    DISTRICT
    BLACL LUNG
    LABOR STANDARDS
    TRUCK
    DODUN UABIIITV
    UQUOR LAWS
    
    1 ,_-.<.  . .._ -&  44                                                                             
    VIL  COVER  SHEET
                   (Rev.  07/89)
    
                   The  JS44  civil  cover  sheer  and  rhe  #nformatlon                   contained   
    or  supplement                     the  filmg  and  service  of  pleadings                      or 
    aw,  exCCOt  aI  providd                              by  lOCal
                   ruler  of  court.  Thlr  form  armroved               bv  the  Judicial       
    States  in  September                1974,  II  required               for  the  use  ot  rhe 
                   sheer.  (SEE  INSTRUCTIONS                   ON  TH;  REVERSE                 OF 
    
                   I  (a)  PLAlNTlFFS
                                              DEFENDANTS
                      William                               Grover,                  Richard           
                      Frank                      Dellarocca,                                   Steven  
                                               Arthur                          Andersen                
                      17PH'93
                      John  Assetta                                      and  Phyliss                  
    
                                   ,;  ;j  \j  ;;`T
    
                                                                                                       
             1         -,
    
                                                                                                       
     y~~j~&~`[                             OF
                                                                                                       
    
                   (b)  COUNTY  OF  RESIDENCE                             OF  FIRST  LISTED            
                                              COUNTY               OF  RESIDENCE                  OF 
                    f@`==zk
                                                             (EXCEPT         IN  U.S.  PLAINTIFF       
                                                                                                (IN 
    ONLY)
    
                                              NOTE:           IN  LAND         CONDEMNATION            
                                OF  THE
    
                                                              TRACT  OF  LAND                   
    
    
                   (C)  ATORNEYS                      (FIRM  NAME,           ADDRESS,            AND 
                                              ATTORNEYS                 (IF  KNOWN)
    
                               Berman,                       DeValerio                                
                               One  Liberty                                  Square
                               Boston,                        Massachusetts                            
                               (617)                  542-8300
                    II..  BASIS  OF  JURISDICTION                                                      
    
    SNIPPETS:
  • CIVIL COVER SHEET
  • The JS44 civil cover sheer and rhe #nformatlon
  • bv law, exCCOt aI providd
  • John Assetta
  • COUNTY OF RESIDENCE
  • (EXCEPT IN U.S. PLAINTIFF
  • NOTE: IN LAND CONDEMNATION
  • FOR PLANrICE AND CUE Box FW DEFENDANT)
  • (US Government
  • PTF DEF
  • (Indicate Citizenship
  • Parties in Item Ill)
  • PERSONAL INJURY
  • Property 21 USC 881
  • 630 uquor Laws
  • n 640 R.R 8 Truck
  • U 710 Far Labor Standards
  • q 662 BlacL Lung
  • Appeal to District
  • State Court
  • JURY DEMAND:
  • lEAq:ED CASE(See instructions):
  • JUDGE Woodlock
  •    |