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NetManage, Inc.
Conclusion: According to the Company’s Form 10-K for the fiscal year ended December 31, 2000, the federal court certified the purported class. On December 30, 1998, the federal court granted without leave to amend the defendant's motion to dismiss the second amended complaint in the Head federal action. Plaintiffs filed a notice of appeal to the U.S. Court of Appeals for the Ninth Circuit. On February 2,
1999, the federal court dismissed with prejudice the Beasley action pursuant to its order in the Head action. The individual cases of Head, Molinari, Beasley,& Interactive Data were consolidated into NetManage I (federal claims) and NetManage II (state claims). In November 2000, all were collectively settled, with no admission of guilt, for a cash payment of $5.1 million by NetManage's insurance carriers.
The complaint charges NetManage and certain of its officers and directors with violations of the federal securities laws, which violations involve the issuance of false financial statements and other positive statements, combined with massive insider trading by the individual defendants. The individual defendants sold 715,999 shares of their NetManage stock at artificially inflated prices as high as $24-1/8 per share, pocketing more than $14 million dollars in illegal insider trading proceeds, before the truth concerning NetManage's business and finances was revealed and NetManage's stock price, which had traded as high as $34 per share during the Class Period, collapsed to as low as $10. In addition, defendants used the inflated share value of NetManage stock to acquire other inter-networking software companies.
INDUSTRY CLASSIFICATION:
SIC Code: 7372
Sector: Technology
Industry: Software & Programming
| FIRST IDENTIFIED COMPLAINT IN THE DATABASE |
| Walter W. Head, III, et al. v. Netmanage, Inc., et al. |
| COURT: N.D. California | DOCKET NUMBER: 97-CV-4385 |
| JUDGE NAME: Judge Charles R. Breyer |
| DATE FILED: 01/10/1997 | SOURCE: Internet | | CLASS PERIOD START: 07/25/1995 | CLASS PERIOD END: 01/11/1996 | | TYPE OF COMPLAINT: Unamended/Unconsolidated | | PLAINTIFF FIRMS IN THIS OR SIMILAR CASE: |
Alfred G. Yates, Jr. 429 Forbes Avenue, Pittsburgh , PA, 15219
(voice) 412.391.5164, (fax) ,
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
Schiffrin & Barroway LLP 3 Bala Plaza E, Bala Cynwyd, PA, 19004
(voice) 610.667.7706, (fax) 610.667.7056, info@sbclasslaw.com
Weiss & Yourman (New York, NY) The French Building, 551 Fifth Ave., Suite 1600, New York, NY, 10126
(voice) 212.682.3025, (fax) 212.682.3010, info@wyca.com
_____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 5 | | | DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT | | Complaint for Violation of the Securities Exchange Act of 1934 | | Type: Complaint | Date on the document: 01/17/1997 | | Declaration of Kimberly Cornell Epstein in Support of Moving Plaintiffs' Reply to Defendants' Response to Motions for Appointment of Lead Plaintiff and Lead Counsel | | Type: Declaration | Date on the document: 04/07/1997 | | Moving Plaintiffs' Reply to Defendants' Response to Motions for Appointment of Lead Plaintiff and Lead Counsel | | Type: Motion | Date on the document: 04/07/1997 | | Declaration of Tracy L. Tosh in Support of Motion To Dismiss of Defendants Netmanage, Alon, Amaral, Galil, Bosch, And Williams | | Type: Declaration | Date on the document: 07/15/1997 | | Motion to Dismiss of Defendants NetManage, Alon, Amaral, Galil, Bosch, and Williams | | Type: Motion | Date on the document: 07/15/1997 | | Declaration of Tracy L. Tosh in Support of Defendants Motion to Preserve the Mandatory Discovery Stay of the Private Securities Litigation Reform Act of 1995 | | Type: Declaration | Date on the document: 08/11/1997 | | Defendants' Motion To Preserve And Enforce The Mandatory Discovery Stay Of The Private Securities Litigation Reform Act Of 1995 | | Type: Motion | Date on the document: 08/18/1997 | REFERENCE COMPLAINT | | Walter W. Head, III, et al. v. Netmanage, Inc., et al. | | COURT: N.D. California | DOCKET NUMBER: 97-CV-4385 | | JUDGE NAME: Hon. James Ware | | DATE FILED: 05/18/1998 | SOURCE: Business Wires | | CLASS PERIOD START: 07/25/1995 | CLASS PERIOD END: 01/11/1996 | | TYPE OF COMPLAINT: Second Amended | | PLAINTIFF FIRMS NAMED IN COMPLAINT: |
Alfred G. Yates, Jr. 429 Forbes Avenue, Pittsburgh , PA, 15219
(voice) 412.391.5164, (fax) ,
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
Schiffrin, Craig & Barroway 3 Bala Plaza, East, Suite 400, Bala Cynwyd, PA, 19004
(voice) 610-667-7706, (fax) ,
_____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 4 | | | OTHER DOCUMENTS | | Class Action Complaint for Damages Based Upon: (1) Violation of Cal. Corp. Code §§25400 and 25500; (2) Violation of Cal. Civ. Code §§1709-1710; (3) Violation of Cal. Bus. & Prof. Code §§17200, Et Seq. |
| Case Name and/or Number: Walter W. Head, III, et al. v. NetManage, Inc., et al |
| Type: Complaint | Date on the document: 01/09/1997 | | Class Action Complaint for Damages Based Upon: (1) Violation of Cal. Corp. Code §§25400 and 25500; (2) Violation of Cal. Civ. Code §§1709-1710; and (3) Cal. Bus. & Prof. Code §§17200, et seq. |
| Case Name and/or Number: Interactive Data Systems, et al. v. NetManage, Inc., et al |
| Type: Complaint | Date on the document: 03/21/1997 | | Class Action Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Joseph Molinari, Jr., et al., v. NetManage, Inc., et al |
| Type: Complaint | Date on the document: 06/20/1997 | | Notice Of Motion And Motion To Be Appointed Lead Plaintiffs Under §21D(a)(3)(B) Of The Securities Exchange Act Of 1934 And For Appointment Of Lead Plaintiffs' Selection Of Lead Counsel, And Supporting Memorandum Of Points And Authorities |
| Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al |
| Type: Notice | Date on the document: 08/15/1997 | | Notice Of Motion And Motion To Be Appointed Lead Plaintiffs Under §21D(a)(3)(B) Of The Securities Exchange Act Of 1934 And For Appointment Of Lead Plaintiffs' Selection Of Lead Counsel, And Supporting Memorandum Of Points And Authorities |
| Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al |
| Type: Declaration | Date on the document: 08/15/1997 | | Class Action Complaint and Demand for Jury Trial |
| Case Name and/or Number: Murray W. Beasley, et al. v. NetManage, Inc., et al. |
| Type: Complaint | Date on the document: 09/10/1997 | | Declaration of James A. Caputo in Support of Moving Plaintiffs' Reply to Defendants' Opposition to Motion for Appointment of Lead Plaintiff and Lead Counsel |
| Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al |
| Type: Declaration | Date on the document: 09/22/1997 | | Defendants' Memorandum Of Points And Authorities Re: (1) Plaintiff Molinari's Motion For Appointment As Lead Plaintiff And Lead Plaintiff's Counsel; (2) Opposition To Motion Of Putative Plaintiffs Malcomson, Bloom, Jabro, And Lattanzi For Appointment As Lead Plaintiffs |
| Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al |
| Type: Other | Date on the document: 09/22/1997 | | Moving Plaintiffs' Reply to Defendants' Opposition to Motion for Appointment of Lead Plaintiff and Lead Counsel |
| Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al |
| Type: Motion | Date on the document: 09/22/1997 | | Defendants' Notice of Motion, Motion, and Memorandum in Support of Motion To Dismiss the Complaint |
| Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al |
| Type: Notice | Date on the document: 11/20/1997 | | First Amended Complaint for Violation of the Securities Exchange Act of 1934 |
| Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al |
| Type: Complaint | Date on the document: 01/08/1998 | | CIVIL DOCKET FOR CASE #: 98-CV-1794 |
| Case Name and/or Number: Beasley, et al. v. NetManage, Inc., et al . |
| Type: Docket | Date on the document: 05/05/1998 | | Litigants |
| Case Name and/or Number: Beasley, et al. v. NetManage, Inc., et al. |
| Type: Other | Date on the document: 05/05/1998 | | Defendants' Opposition to Plaintiff's Motion To Strike References in the Motion To Dismiss to Exhibits C, D, and E of the Mitchells Declaration Declaration and References to Defendants' SEC Filings |
| Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al |
| Type: Motion | Date on the document: 11/03/1998 | | Defendants' Reply Memorandum in Support of Their Motion To Dismiss the Second Amended Complaint |
| Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al |
| Type: Motion | Date on the document: 11/03/1998 | | CIVIL DOCKET FOR CASE #: 98-CV-202 |
| Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al |
| Type: Docket | Date on the document: 12/30/1998 | | Litigants |
| Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al |
| Type: Other | Date on the document: 12/30/1998 | | Order [granting motion to dismiss without leave to amend] |
| Case Name and/or Number: Molinari, et al., v. NetManage, Inc., et al |
| Type: Order | Date on the document: 12/30/1998 | | CIVIL DOCKET FOR CASE #: 98-CV-203 |
| Case Name and/or Number: Sucher, et al v. Alon, et al |
| Type: Docket | Date on the document: 01/14/1999 | | Litigants |
| Case Name and/or Number: Sucher, et al v. Alon, et al |
| Type: Other | Date on the document: 01/14/1999 | WARNING AND DISCLAIMER OF LIABILITY: The information included on this Web site, whether provided by personnel employed by Stanford Law School or by third parties, is provided for research and teaching purposes only. Neither Stanford University, Stanford Law School, nor any of their employees, agents, contractors, or affiliates warrant the accuracy or completeness of the information or analyses displayed herein, and we caution all readers that inclusion of any information on this site does not constitute an endorsement of the truthfulness or accuracy of that information. In particular, this Web site contains complaints and other documents filed in federal and state courts, which make allegations that may or may not be accurate. No reader should, on the basis of information contained in or referenced by this Web site, assume that any of these allegations are truthful. Go to Search page | Go to Case Index page | Back to Top
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