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_______________
Copyright (c) 2001
Stanford Law School


Dignity Partners, Inc.
Conclusion: As reported by the Company’s FORM 10-K for the fiscal year ended December 31, 1999, in the second quarter of 1999, a settlement in principle was reached and on February 25, 2000, the Court approved a settlement agreement pursuant to which all claims against all defendants will be dismissed and $3.15 million will be paid to the plaintiffs. Under the terms of the Company's D&O insurance policy, the Company's insurer paid 70% of the settlement amount.

Earlier, according to the docket, on July 2, 1998, the Court entered the Stipulation and Order directing the entry of a judgment dismissing claims for relief I and II of the second amended complaint pursuant to Rule 54(b). The Plaintiffs filed a Notice of Appeal from the District Court’s decision. On March 15, 1999, the defendants filed a motion for summary judgment, which was later denied and entered on July 6, 1999. On November 12, 1999, the Court entered the certified copy of the U.S. Court of Appeals Order reversing and remanding the Decision of the District Court. On December 15, 1999, the Court entered the Order by U.S. District Judge Charles A. Legge, preliminarily approving the settlement. The Stipulation of Settlement was also filed that day. A settlement hearing was scheduled for February 25, 2000, at 9:30 a.m.

On March 24, 1997, the Court entered the Order granting the motion for appointment of lead plaintiffs and appointment of lead plaintiffs’ co-counsel. On April 23, 1997, the defendants filed a motion to dismiss. The motion to dismiss was granted with leave to amend, and entered on July 22, 1997. On September 8, 1997, the plaintiffs filed an amended complaint, and the defendants responded with a motion to dismiss on October 9, 1997. On December 9, 1997, the Court entered the court minutes granting in part and denying in part the defendants’ motion to dismiss. Specifically, the court granted the motion to dismiss as to certain individual defendants, denied the motion on the loss and causation claims, granted the motion on the section II cause of action, and granted the motion as to scienter. On March 2, 1998, the plaintiffs filed a Second Amended Complaint, and the defendants responded with a motion to dismiss the second amended complaint on March 17, 1998. On May 4, 1998, the Court entered the court minutes denying the defendants' motion to dismiss the plaintiffs' second amended complaint.

The original complaint alleged that the defendants violated Section 10(b) of the Securities Exchange Act of 1934 and Rule l0b-5 there under and Section 11 of the Securities Act of 1933 and seeks, among other things, compensatory damages, interest, fees and costs. The allegations were based on alleged misrepresentations in and omissions from the Company's registration statement and prospectus related to its initial public offering and certain documents filed by the Company under the Exchange Act.

INDUSTRY CLASSIFICATION:
SIC Code: 6199
Sector: Financial
Industry: Consumer Financial Services


COMPANY/ISSUER NAME: Dignity Partners, Inc.
COMPANY/ISSUER TICKER: DPNR
COMPANY WEBSITE: http://www.pointwestcapital.com./

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Howard Hertzberg, et al. v. Dignity Partners, Inc., et al.
 COURT: N.D. California  DOCKET NUMBER: 96-CV-4558
 JUDGE NAME: Hon. Charles A. Legge
 DATE FILED: 12/19/1996  SOURCE: Internet
 CLASS PERIOD START: 02/14/1996  CLASS PERIOD END: 07/16/1996
 TYPE OF COMPLAINT: Unamended/Unconsolidated
 PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
  • Faruqi & Faruqi LLP
      320 East 39th Street, New York, NY, 10016
       (voice) 212.983.9330, (fax) 212.983.9331, Nfaruqi@faruqilaw.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 FIRST IDENTIFIED COMPLAINT
    Complaint for Violations of the Federal Securities Laws
    Type: Complaint Date on the document: 12/19/1996
    Memorandum of Points and Authorities in Support of Defendants' Motion to Dismiss
    Type: Other Date on the document: 04/21/1997
    Declaration of Alison M. Tattersall in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss
    Type: Declaration Date on the document: 05/19/1997
    Plaintiffs' Opposition to Defendants' Motion to Dismiss
    Type: Other Date on the document: 05/19/1997
    Defendants' Reply Brief in Support of Its Motion to Dismiss Pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure and the 1995 Reform Act
    Type: Other Date on the document: 06/23/1997
    Statement of Recent Decisions Pursuant to Local Rule 7-3
    Type: Other Date on the document: 07/01/1997
    Plaintiffs' Supplemental Submission of Authority Pursuant to Local Rule 7-3(e)
    Type: Other Date on the document: 07/16/1997
    Statement of Recent Decision Pursuant to Local Rule 7-3(e)
    Type: Other Date on the document: 07/28/1997
    Plaintiffs' Supplemental Submission of Authority Pursuant to Local Rule 7-3(e)
    Type: Other Date on the document: 08/14/1997

    REFERENCE COMPLAINT
    In Re: Dignity Partners, Inc. Securities Litigation
     COURT: N.D. California  DOCKET NUMBER: 96-CV-4558
     JUDGE NAME: Hon. Charles A. Legge
     DATE FILED: 03/02/1998  SOURCE: Business Wires
     CLASS PERIOD START: 02/14/1996  CLASS PERIOD END: 07/16/1996
     TYPE OF COMPLAINT: Second Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Abbey Gardy & Squiteri LLP
      595 Market Street, Suite 2500, San Francisco, CA, 94105
       (voice) 415.538.3725, (fax) ,
  • 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
    Amended Complaint for Violations of the Federal Securities Laws
    Type: Complaint Date on the document: 09/08/1997
    Defendants' Notice of Motion and Motion To Dismiss Pursuant to Rules 9(B) and 12(B)(6) of the Federal Rules of Civil Procedure and the 1995 Reform Act
    Type: Motion Date on the document: 10/09/1997
    Memorandum of Points and Authorities in Support of Defendants' Motion To Dismiss
    Type: Other Date on the document: 10/09/1997
    Declaration of Alison M. Tattersall in Support of Plaintiffs' Opposition to Defendants' Motion To Dismiss
    Type: Declaration Date on the document: 11/07/1997
    Plaintiffs' Opposition to Defendants' Motion To Dismiss
    Type: Other Date on the document: 11/07/1997
    Defendants' Reply Brief in Support of Their Motion To Dismiss Plaintiffs' Amended Complaint
    Type: Brief Date on the document: 11/21/1997
    Plaintiffs' Supplemental Submission of Authority Pursuant to Local Rule 7-3(e)
    Type: Other Date on the document: 12/02/1997
    Declaration of Amber L. Eck in Support of Plaintiffs' Motion for an Order Certifying for Interlocutory Appeal Pursuant to 28 U.S.C. §1292(b)
    Type: Declaration Date on the document: 12/19/1997
    Plaintiffs' Notice of Motion and Motion for an Order Certifying for Interlocutory Appeal Pursuant to 28 U.S.C. §1292(b)
    Type: Motion Date on the document: 12/19/1997
    Plaintiffs' Notice of Motion and Motion To Continue the Time for Filing an Amended Complaint Pending the Outcome of Plaintiffs' §1292(b) Request
    Type: Motion Date on the document: 12/19/1997
    Declaration of Amber L. Eck in Support of Plaintiff-In-Intervention's Motion To Intervene
    Type: Declaration Date on the document: 12/24/1997
    Declaration of Amber L. Eck in Support of Plaintiffs' Ex Parte Motion for Order Continuing Time To File Amended Complaint
    Type: Declaration Date on the document: 12/24/1997
    Plaintiff-In-Intervention's Notice of Motion and Motion To Intervene and Memorandum of Points and Authorities in Support Thereof
    Type: Motion Date on the document: 12/24/1997
    Defendants' Opposition to Plaintiffs' Ex Parte Motion for Order Continuing Time To File Amended Complaint
    Type: Other Date on the document: 12/29/1997
    Defendants' Opposition to Plaintiffs' Motion for an Order Certifying for Interlocutory Appeal Pursuant to 28 U.S.C. § 1292(b)
    Type: Other Date on the document: 01/05/1998
    Defendants' Opposition to Motion of Charles Steinberg To Intervene Pursuant to Fed. R. Civ. P. 24(b)(2)
    Type: Other Date on the document: 01/12/1998
    Notice of Errata Re: Defendants' Opposition to Motion of Charles Steinberg To Intervene Pursuant to Fed. R. Civ. P. 24(b)(2)
    Type: Notice Date on the document: 01/15/1998
    Notice of Errata Re: Defendants' Opposition to Plaintiffs' Motion for an Order Certifying for Interlocutory Appeal
    Type: Notice Date on the document: 01/15/1998
    Charles Steinberg's Reply in Support of His Motion To Intervene Pursuant to Federal Rule of Civil Procedure 24(b)
    Type: Other Date on the document: 01/16/1998
    Second Amended Complaint for Violations of the Federal Securities Laws
    Type: Complaint Date on the document: 03/02/1998
    Defendants' Notice of Motion & Motion To Dismiss Plaintiffs' Second Amend. Complaint Pursuant to Rules 9(b) & 12(B)(6) of the Fed. Rules of Civ. Pro. & 1995 Reform Act
    Type: Motion Date on the document: 03/17/1998
    Memorandum of Points and Authorities in Support of Defendants' Motion To Dismiss Plaintiffs' Second Amended Complaint
    Type: Other Date on the document: 03/17/1998
    Reply Memorandum in Support of Defendants' Motion To Dismiss Plaintiffs' Second Amended Complaint
    Type: Other Date on the document: 04/07/1998
    Plaintiffs' Submission of Recent Decisions Pursuant to Local Rule 7-3(e)
    Type: Other Date on the document: 04/09/1998
    Plaintiffs' Notice of Motion & Motion for Order Alternatively: (1) Directing the Entry of Final Judgment Pursuant to R. 54(b), or (2) Certifying for Interlocutory Appe
    Type: Motion Date on the document: 05/18/1998
    Defendants' Answer and Affirmative Defenses to Plaintiffs' Second Amended Complaint
    Type: Other Date on the document: 05/27/1998
    Declaration of Blair A. Nicholas in Support of Plaintiffs' Motion for Class Certification
    Type: Declaration Date on the document: 06/25/1998
    Notice of Motion and Motion for Class Certification and Memorandum of Points and Authorities in Support Thereof
    Type: Motion Date on the document: 06/25/1998
    Defendants' Memorandum in Opposition to Plaintiffs' Motion for Class Certification
    Type: Other Date on the document: 09/28/1998
    Plaintiffs' Reply Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Class Certification
    Type: Other Date on the document: 10/26/1998
    Plaintiffs' Supplemental Submission of Authority Pursuant to Local Rule 7-3(e)
    Type: Other Date on the document: 01/16/1999
    Defendant's Response to Plaintiffs' Expedited Motion To Compel Production of Documents
    Type: Other Date on the document: 01/27/1999
    Defendants' Memorandum in Opposition to Plaintiffs' Motion for Class Certification
    Type: Other Date on the document: 01/29/1999
    Memorandum of Points and Authorities in Support of Defendants' Motion for Summary Judgment
    Type: Other Date on the document: 03/15/1999
    Declaration of Alison M. Tattersall in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment
    Type: Declaration Date on the document: 04/16/1999
    Declaration of Amber L. Eck in Support of Plaintiffs' Application for Continuance of Dignity's Summary Judgment Motion Pursuant to Rule 56(f)
    Type: Declaration Date on the document: 04/16/1999
    Declaration of Amber L. Eck in Support of Plaintiffs' Opposition to Defendants' Motion for Summary Judgment
    Type: Declaration Date on the document: 04/16/1999
    Memorandum
    Type: Motion Date on the document: 04/16/1999
    Notice of Application and Application for Continuance of Dignity's Summary Judgment Motion Pursuant to Rule 56(f)
    Type: Notice Date on the document: 04/16/1999
    Notice of Motion and Motion For Summary Judgement
    Type: Notice Date on the document: 04/16/1999
    Plaintiffs' Opposition to Defendants' Motion for Summary Judgment
    Type: Other Date on the document: 04/16/1999
    Defendant's Memorandum of Points and Authorities
    Type: Motion Date on the document: 04/23/1999
    Reply Memorandum of Points and Authorities in Support of Defendants' Motion for Summary Judgment
    Type: Other Date on the document: 05/07/1999
    CIVIL DOCKET FOR CASE #: 96-CV-4558
    Type: Docket Date on the document: 05/11/1999
    Party and Counsel List for 96-CV-4558
    Type: Other Date on the document: 05/11/1999
    Party and Counsel List for 96-CV-4558
    Type: Other Date on the document: 05/11/1999
    Notice Of Pendency And Proposed Settlement Of Class Action
    Type: Notice Date on the document: 12/13/1999
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 09/13/2002

     OTHER DOCUMENTS
    Opinion
    Case Name and/or Number: Howard Hertzberg, et al. v. Dignity Partners, Inc., et al.
    Type: Other Date on the document: 08/27/1999

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