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Copyright (c) 2001
Stanford Law School


Network Computing Devices, Inc.
Conclusion: According to the closing Order, dated May 2, 1997, from U.S. District Judge Judge Charles A. Legge of the N.D. California the parties entered a settlement agreement. As part of the settlement arrangement, the Company agreed to contribute $1.1 million toward the $12 million in costs to settle all pending securities litigation.

In April 1996, two purported class action complaints, WOODWARD, ET AL V. BRADLEY, ET AL and CURLEY, ET AL V. MARINARO, ET AL, were filed in the United States District Court for the Northern District of California, and a third purported class action complaint, MAIZEL, ET AL V. MARINARO, ET AL, was filed in the Superior Court of the State of California for the County of Santa Clara. In May 1996, a fourth purported class action complaint, CLEVELAND, ET AL V. MARINARO, ET AL, was filed in the United States District Court for the Northern District of California. The plaintiffs in the MAIZEL, CURLEY and CLEVELAND actions claimed to be suing on behalf of a class of persons who purchased the Company's Common Stock during the period February 2, 1995 to March 21, 1996; the plaintiffs in the WOODWARD action claimed to be suing on behalf of a class of persons who purchased the Company's Common Stock during the period February 1, 1996 to March 21, 1996. Certain named current and former officers and a director of the Company were named as defendants in the actions. The MAIZEL complaint also named as defendants Morgan Stanley & Co. and Stephen Milunovich, an employee of Morgan Stanley & Co. The complaints alleged, among other things, that the Company issued false and misleading statements to the public about the Company's financial performance and prospects, in violation of California and federal securities laws. The complaint in the MAIZEL action alleged that the officer and director defendants sold or otherwise disposed of the Company's Common Stock in violation of California securities laws.

The original complaint alleges that the company and certain of its officers and directors made, and failed to correct, materially false statements regarding the company's net income, revenue and assets. In particular, the complaint alleges that the company recognized revenue related to sales of certain software products in violation of generally accepted accounting principles. The complaint alleges that the company improperly recognized revenue from these sales in spite of certain documentation within its possession or control pertaining to large fourth quarter 1995 product returns. This course of conduct allegedly allowed the company's vice-chairman of the board of directors to sell stock at artificially inflated prices. After this information was disclosed to the market, the company's stock price allegedly fell 26%.

INDUSTRY CLASSIFICATION:
SIC Code: 3575
Sector: Technology
Industry: Computer Hardware


COMPANY/ISSUER NAME: Network Computing Devices, Inc.
COMPANY/ISSUER TICKER: NCDI
COMPANY WEBSITE: http://www.ncd.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Jack Woodard, et al. v. Network Computing Devices, Inc., et al.
 COURT: N.D. California  DOCKET NUMBER: 96-CV-01345
 JUDGE NAME: Hon. Charles A. Legge
 DATE FILED: 04/11/1996  SOURCE: Other
 CLASS PERIOD START: 02/01/1996  CLASS PERIOD END: 03/21/1996
 TYPE OF COMPLAINT: Unamended/Unconsolidated
 PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
  • Abbey and Ellis (New York)
      212 East 39TH Street, New York, NY, 10016
       (voice) 212.889.3700, (fax) ,
  • Girard & Green LLP
      160 Sansome Street. Suite 300, San Francisco, CA, 94104
       (voice) 415.981.4800, (fax) 415.981.4846, gg@classcounsel.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint
    Type: Complaint Date on the document: 04/11/1996

    REFERENCE COMPLAINT
    In Re: NCD Securities Litigation
     COURT: N.D. California  DOCKET NUMBER: 96-CV-01345
     JUDGE NAME: Hon. Charles A. Legge
     DATE FILED: 02/26/1997  SOURCE: Docket
     CLASS PERIOD START: 02/01/1996  CLASS PERIOD END: 03/21/1996
     TYPE OF COMPLAINT: Second Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Bernstein Litowitz Berger & Grossmann LLP (New York, NY)
      1285 Avenue of the Americas, 33rd Floor, New York, NY, 10019
       (voice) 212.554.1400, (fax) 212.554.1444, blbg@blbglaw.com
  • Milberg Weiss Bershad Hynes & Lerach LLP (San Diego, CA)
      600 West Broadway, 1800 One America Plaza, San Diego, CA, 92101
       (voice) 800.449.4900, (fax) , support@milberg.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Notice Of Pendency And Settlement Of Class Action And Settlement Hearing
    Type: Notice Date on the document: 02/28/1997
    Declaration of Alan Schulman in Support of Application for Award of Attorneys' Fees and Reimbursement of Expenses
    Type: Declaration Date on the document: 04/24/1997
    Joint Declaration of Alan Schulman and Jeffrey A. Klafter in Support of Approval of Settlement, Attorneys' Fees and Reimbursement and Plan of Allocation
    Type: Declaration Date on the document: 04/24/1997
    Notice of Motion and Motion and Memorandum of Points and Authorities in Support of Representative Plaintiffs' Motion for Final Approval of Settlement
    Type: Notice Date on the document: 04/24/1997
    Notice of Motion and Motion and Memorandum of Points and Authorities in Support of Motion for Approval of Plan of Allocation
    Type: Notice Date on the document: 06/16/1997
    Notice of Motion and Motion and Memorandum of Points and Authorities in Support of Representative Plaintiffs' Application for Attorneys' Fees and Reimbursement of Expenses
    Type: Notice Date on the document: 06/16/1997
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 05/14/1998

     OTHER DOCUMENTS
    CIVIL DOCKET FOR CASE #: 96-CV-1466
    Case Name and/or Number: Curley, et al v. Marinaro, et al
    Type: Docket Date on the document: 05/02/1997

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