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_______________
Copyright (c) 2001
Stanford Law School


Nellcor Puritan Bennett, Inc.
Summary: According to the closing Order, dated 05/01/1998, from U.S. District Judge Charles A. Legge of the United States District Court For The Northern District Of California, the defendants' motion to dismiss the amended complaint was granted with prejudice because the stock purchasers did not meet the heightened pleading requirements that were imposed in cases alleging violation of federal securities laws. The original complaint charged Nellcor and certain of its officers and directors with violations of the federal securities laws and alleged that defendants participated in a fraudulent scheme and course of business that operated to manipulate Nellcor's stock price and to defraud and deceive Nellcor investors by disseminating statements and information which misrepresented the success of Nellcor's August 1995 acquisition of Puritan Bennett, the attempted integration of Nellcor's and Puritan Bennett's sales forces and the strength of Nellcor's Homecare business following Nellcor's merger with Puritan Bennett.

INDUSTRY CLASSIFICATION:
SIC Code: 3841
Sector: Healthcare
Industry: Medical Equipment & Supplies


COMPANY/ISSUER NAME: Nellcor Puritan Bennett, Inc.
COMPANY/ISSUER TICKER: NELL
COMPANY WEBSITE: http://www.nellcorpb.com/

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Ronconi, et al. v. Larkin, et al.
 COURT: N.D. California  DOCKET NUMBER: 97-CV-1319
 JUDGE NAME: Judge Charles A. Legge
 DATE FILED: 4/14/1997  SOURCE: Internet
 CLASS PERIOD START: 9/29/1995  CLASS PERIOD END: 4/16/1996
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • 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
  • Schiffrin & Barroway LLP
      3 Bala Plaza E, Bala Cynwyd, PA, 19004
       (voice) 610.667.7706, (fax) 610.667.7056, info@sbclasslaw.com
  • Spector Roseman & Kodroff (San Diego)
      1818 Market Street, Suite 2500, Philadelphia, PA, 19103
       (voice) 215.496.0300, (fax) 215.496.6611,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  3

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint for Violation of the Securities Exchange Act of 1934 - Plaintiffs Demand a Trial by Jury
    Type: Complaint Date on the document: 4/14/1997
    Complaint for Violation of the Securities Exchange Act of 1934
    Type: Complaint Date on the document: 04/14/1997
    Declaration of John K. Grant in Support of the Moving Class Members' Motion to be Appointed Lead Plaintiffs and for Approval of Lead Counsel
    Type: Declaration Date on the document: 06/13/1997
    The Moving Class Members' Notice of Motion and Motion to be Appointed Lead Plaintiffs and for Approval of Lead Counsel; Memorandum of Points and Authorities in Support
    Type: Notice Date on the document: 06/20/1997
    Certificate of John E. Grasberger Pursuant to Local Rule 3-7A(d)
    Type: Order Date on the document: 07/10/1997
    Defendants' Notice of Motion and Motion to Dismiss Plantiffs' Complaint; Supporting Memorandum of Points and Authorities
    Type: Notice Date on the document: 07/10/1997
    Request for Judicial Notice in Support of Defendants' Motion to Dismiss
    Type: Notice Date on the document: 07/10/1997
    Appendix of Authorities Not Reported in West Publications Cited in Defendants' Reply Memorandum of Points and Authorities in Support of Motion
    Type: Motion Date on the document: 10/24/1997
    Defendants' Reply Memorandum in Support of Motion To Dismiss Plaintiffs' Complaint
    Type: Motion Date on the document: 10/24/1997
    Amended Complaint for Violation of the Securities Exchange Act of 1934
    Type: Complaint Date on the document: 01/15/1998
    Defendants' Notice of Motion and Motion To Dismiss Amended Complaint
    Type: Notice Date on the document: 02/18/1998
    Appendix of Unreported Authorities Cited in Reply Memorandum in Support of Defendants' Motion To Dismiss
    Type: Motion Date on the document: 04/01/1998
    Defendants' Reply Brief Re Motion To Dismiss Amended Complaint
    Type: Brief Date on the document: 04/01/1998
    Nellcor's Reply Re: Request for Judicial Notice and Opposition to Counter-Motion To Strike
    Type: Other Date on the document: 04/01/1998
    Order on Motion To Dismiss [granting motion to dismiss amended complaint
    Type: Order Date on the document: 05/08/1998
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 06/29/1998
    Litigants
    Type: Other Date on the document: 07/13/1998
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 11/09/2001

     OTHER DOCUMENTS
    U.S. Circuit Courts of Appeal - 9th Circuit
    Case Name and/or Number: Ronconi
    Type: Docket Date on the document: 08/08/2002

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