Foxmeyer Health Corporation - Securities Class Action

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Copyright (c) 2001
Stanford Law School

Foxmeyer Health Corporation Conclusion: According to the most recent docket posted, the Court entered the Final Judgment signed by U.S. District Judge Sam A. Lindsay. The Lead Plaintiffs and the Class were awarded $13,750,000 as against the individual defendants. Plaintiffs' Counsel was awarded 33-1/3% of the amounts collected to date in the Gross Settlement Fund in fees and $41,475 in reimbursement of expenses. On June 9, 2005, the Court entered the Motion for Preliminary Approval of the Settlement with Defendants Gulf Insurance Co. and the Foxmeyer Corporation Bankruptcy Trustee.

By the Order entered on December 30, 2003, on September 11, 2002, the parties entered into a Memorandum of Understanding for the purposes of settling the case. The potential value of the Gross Settlement Fund is $14,250,000. This amount consists of an initial recovery of $500,000 in cash from the now bankrupt corporate Defendant and Debtor Avatex (f/k/a Foxmeyer Health Corporation), and an additional settlement amount of $13,750,000 from Individual Defendants. On December 6, 2002, the parties filed a stipulation of settlement. The Court entered the Order preliminarily approving the settlement on December 11, 2002. The Court grants the Applications for Final Approval of the Class Action Settlement and Request for Attorney Fees.

At the Corporation's request, the Court entered a stay of all discovery pending a ruling on the Corporation's motion to dismiss, which was filed on June 20, 1997. On March 31, 1998, the Court denied the motion to dismiss the amended complaint in the lawsuit.

The Corporation and certain of its current and former officers and directors were named as defendants in a series of purported class actions filed starting in August 1996, and were then later consolidated. These actions purport to be brought on behalf of purchasers of the Corporation's common stock and the Series A and cumulative preferred stock during the period July 19, 1995, through August 27, 1996. Plaintiffs assert violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and seek unspecified money damages. Specifically, the complaints allege that the defendants made materially false and misleading statements and failed to disclose material information concerning a variety of matters, including but not limited to the terms of contracts with major customers, the Corporation's inventory management and order processing systems, and the automated warehouse at Washington Court House, Ohio; and that the Corporation's financial statements were false and misleading.

INDUSTRY CLASSIFICATION:
SIC Code: 5122
Sector: Services
Industry: Retail (Drugs)

COMPANY/ISSUER NAME:	Foxmeyer Health Corporation
COMPANY/ISSUER TICKER:	FOX
COMPANY WEBSITE:	http://www.foamex.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE

Stanley Zuckerman, et al. v. Foxmeyer Health Corporation, et al.

COURT: N.D. Texas	DOCKET NUMBER: 96-CV-2258
JUDGE NAME: Hon. Maloney
DATE FILED: 08/12/1996	SOURCE: Other
CLASS PERIOD START: 07/19/1995	CLASS PERIOD END: 07/01/1996
TYPE OF COMPLAINT: Unamended/Unconsolidated
PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
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 Susman, Godfrey LLP 4100 Bank of America, 901 Main Street, Dallas, TX, 75202 (voice) 214.754.1908, (fax) , mevans@susangodfrey.com _____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 2

DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
Class Action Complaint for Violations of Federal Securities Laws
Type: Complaint		Date on the document: 08/12/1996

REFERENCE COMPLAINT

Stanley Zuckerman, et al. v. Foxmeyer Health Corporation, et al.

COURT: N.D. Texas	DOCKET NUMBER: 96-CV-2258
JUDGE NAME: Hon. Maloney
DATE FILED: 05/01/1997	SOURCE: Business Wires
CLASS PERIOD START: 07/19/1995	CLASS PERIOD END: 08/27/1996
TYPE OF COMPLAINT: Consolidated and/or Amended
PLAINTIFF FIRMS NAMED IN COMPLAINT:
Milberg Weiss Bershad Hynes & Lerach LLP (New York, NY) One Pennsylvania Plaza, New York, NY, 10119-1065 (voice) 212.594.5300, (fax) , Wolf Popper, LLP 845 Third Avenue, New York, NY, 10022-6689Ave (voice) 877.370.7703, (fax) 212.486.2093, IRRep@wolfpopper.com _____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 2

DOCUMENTS FOR THE REFERENCE COMPLAINT
Order Denying Defendants' Motion to Dismiss
Type: Order		Date on the document: 03/31/1998
Docket
Type: Docket		Date on the document: 09/14/2000
Notice Of Pendency Of Class Action, Hearing On Proposed Settlement And Attorneys' Fee Petition And Right To Share In Settlement Fund
Type: Notice		Date on the document: 12/24/2002
Final Judgment
Type: Other		Date on the document: 12/30/2003
Order
Type: Order		Date on the document: 12/30/2003
U.S. District Court Civil Docket
Type: Docket		Date on the document: 12/20/2005

OTHER DOCUMENTS

Case Name and/or Number:
Type:		Date on the document:

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