Digi International, Inc. - Securities Class Action

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_______________
Copyright (c) 2001
Stanford Law School

Digi International, Inc. Summary: According to the latest docket posted, on September 14, 2000, the plaintiff filed the Notice of Appeal to the Eighth Circuit Court of Appeals from Judge Donovan W. Frank's final judgment and Memorandum Opinion and Order entered on August 17, 2000 and order of Judge Tunheim entered on May 22, 1998. The Certified Copy of Opinion from USCA dated October 09, 2001, affirms the decision of the District Court. The case is dismissed.

In the Memorandum, Opinion, and Order dated August 17, 2000, the motion by the defendants for summary judgment against the class plaintiffs is granted. Louisiana State Employees Retirement System's complaint is dismissed with prejudice. The motion by the defendants to strike the affidavits of I. Walton Bader and Henry F. Otto is granted in part and denied in part. The motion is granted as to the Bader affidavit, submitted in opposition to the summary judgment motion, and denied as to the Otto affidavit. The defendants' motion for sanctions against plaintiff Louisiana State Employees Retirement System is referred to Magistrate Judge Raymond Erickson.

The original complaint in the action charges Digi and certain of its officers with violations of the federal securities laws (Sections 10(b) and 20 of the Securities Exchange Act of 1934) by, among other things, misrepresenting and/or omitting material information concerning Digi's operations and reported financial results, including (i) Digi's failure to account for its investment in AetherWorks Corp. on the equity method, as required by generally accepted accounting principles, and (ii) Digi's failure to accrue adequate reserves for returns in the first three quarters of fiscal 1996, again as required by generally accepted accounting principles.

INDUSTRY CLASSIFICATION:
SIC Code: 3571
Sector: Technology
Industry: Computer Hardware

COMPANY/ISSUER NAME:	Digi International, Inc.
COMPANY/ISSUER TICKER:	DGII
COMPANY WEBSITE:	http://www.digibd.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE

Dennis D'Hondt, et al. v. Digi International Inc., et al.

COURT: D. Minnesota	DOCKET NUMBER: 97-CV-00005
JUDGE NAME: Hon. John R. Tunheim
DATE FILED: 01/03/1997	SOURCE: Internet
CLASS PERIOD START: 01/25/1996	CLASS PERIOD END: 12/23/1996
TYPE OF COMPLAINT: Unamended/Unconsolidated
PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
Abbey Gardy & Squiteri LLP 595 Market Street, Suite 2500, San Francisco, CA, 94105 (voice) 415.538.3725, (fax) , Lockridge, Grindal, Nauen P.L.L.P. Suite 301, 660 Pennsylvania Avenue Southeast, Washington, DC, 20003-4335 (voice) 202.544.9840, (fax) 202.544.9850, _____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 2

DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
Class Action Complaint - Plaintiff Demands a Jury by Trial
Type: Complaint		Date on the document: 01/03/1997

REFERENCE COMPLAINT

In Re: Digi International, Inc. Securities Litigation

COURT: D. Minnesota	DOCKET NUMBER: 97-CV-00005
JUDGE NAME: Hon. John R. Tunheim
DATE FILED: 05/12/1997	SOURCE: Business Wires
CLASS PERIOD START: 01/25/1996	CLASS PERIOD END: 12/23/1996
TYPE OF COMPLAINT: First Consolidated
PLAINTIFF FIRMS NAMED IN COMPLAINT:
Abbey Gardy & Squiteri LLP 595 Market Street, Suite 2500, San Francisco, CA, 94105 (voice) 415.538.3725, (fax) , Lockridge, Grindal, Nauen P.L.L.P. Suite 301, 660 Pennsylvania Avenue Southeast, Washington, DC, 20003-4335 (voice) 202.544.9840, (fax) 202.544.9850, 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: 3

DOCUMENTS FOR THE REFERENCE COMPLAINT
Memorandum Opinion And Order [Granting In Part And Denying In Part Defendants' Motions To Dismiss]
Type: Order		Date on the document: 05/22/1998
Memorandum Opinion and Order
Type: Order		Date on the document: 08/17/2000
U.S. District Court Civil Docket
Type: Docket		Date on the document: 07/23/2002

OTHER DOCUMENTS

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

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