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Stanford Law School


Quantum Corporation
Conclusion: According to the Company’s Form 10-Q for the quarterly period ended June 27, 1999, following a hearing on plaintiff's appeal of the District Court's dismissal with prejudice of plaintiff's amended complaint in the federal class action on May 13, 1999, and prior to a ruling on the appeal, the plaintiff agreed to dismiss with prejudice the state and federal class action lawsuits. Pursuant to a letter agreement dated May 21, 1999, plaintiff agreed to dismiss the lawsuits with no financial contribution from the defendants. A stipulation of dismissal with prejudice was filed in federal court on June 10, 1999, and in state court on June 17, 1999. Each side agreed to bear its own costs and fees.

As reported by the Company’s FORM 10-K for the fiscal year ended March 31, 1999, with respect to the federal action, defendants filed their motion to dismiss on April 16, 1997. On August 14, 1997, the Court granted defendants' motion to dismiss without prejudice. On September 11, 1997, plaintiff filed an amended complaint. Defendants filed a motion to dismiss the amended complaint on October 24, 1997. The hearing on defendants' motion took place on February 3, 1998. On April 16, 1998, the Court granted defendants' motion to dismiss with prejudice. On May 19, 1998, plaintiff filed a notice of appeal of the District Court's dismissal in the United States Court of Appeals for the Ninth Circuit. On September 25, 1998, plaintiff filed his opening appellate brief. Defendants filed their answering brief on November 30, 1998. Plaintiff's reply brief was filed on January 14, 1999.

The Company and certain of its current and former officers and directors have been named as defendants in two class action lawsuits, one filed on August 28, 1996, in the Superior Court of Santa Clara County, California, and one filed on August 30, 1996, in the U.S. District Court of the Northern District of California. The plaintiff in both class actions purports to represent a class of all persons who purchased the Company's common stock between February 26, 1996, and June 13, 1996. The complaints allege that the defendants violated various federal securities laws and California statutes by concealing and/or misrepresenting material dverse information about the Company and that individual defendants sold shares of the Company's stock based upon material nonpublic information.

The original complaint charges Quantum, which manufactures and sells disk drives and related data storage equipment, and certain of its officers and directors with violations of the California Corporations, Civil and Business & Professions Codes. During the Class Period, defendants artificially inflated Quantum stock to as high as $26-1/8 per share based on representations that Quantum's Desktop and Portable Storage Group had successfully introduced a new line of 5.25 inch "Bigfoot" disk drives which were enjoying an outstanding response from customers and generating strong demand which would contribute to Quantum achieving substantial revenue and earnings gains throughout Fiscal 1997, to end March 31, 1997. However, just a few months later, Quantum revealed that demand for its "Bigfoot" drives was, in fact, soft and sales of that product line were well below expectations, leading to excess inventory and price cutting which would adversely impact Quantum's Fiscal 1997 results. Quantum's stock immediately collapsed to $15-3/8 per share and continued to fall to as low as $10-7/8, as the market digested this bad news. However, before the truth about the failure of Quantum's "Bigfoot" product line came out and Quantum's stock collapsed, seven Quantum insiders had sold over 265,543 shares of their Quantum stock at artificially inflated prices as high as $25-5/8 per share, pocketing over $6.5 million in illegal insider trading proceeds. Several of Quantum's insiders, including Quantum's CEO and the heads of Quantum's Desktop and Portable Storage Operations and its Tape Storage Operations, sold 99%-100% of their Quantum stock.

INDUSTRY CLASSIFICATION:
SIC Code: 3572
Sector: Technology
Industry: Computer Storage Devices


COMPANY/ISSUER NAME: Quantum Corporation
COMPANY/ISSUER TICKER: DSS
COMPANY WEBSITE: http://www.quantum.com/

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Howard Gunty Profit Sharing, et al. v. Quantum Corporation, et al.
 COURT: N.D. California  DOCKET NUMBER: 96-CV-20711
 JUDGE NAME: Hon. Spencer Williams
 DATE FILED: 08/30/1996  SOURCE: Business Wires
 CLASS PERIOD START: 02/06/1996  CLASS PERIOD END: 06/13/1996
 TYPE OF COMPLAINT: First Consolidated
 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
  • Schiffrin & Barroway LLP
      3 Bala Plaza E, Bala Cynwyd, PA, 19004
       (voice) 610.667.7706, (fax) 610.667.7056, info@sbclasslaw.com
  • Stull, Stull & Brody (New York)
      6 East 45th Street, New York, NY, 10017
       (voice) 310.209.2468, (fax) 310.209.2087, SSBNY@aol.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  3

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Complaint for Violation of the Securities Exchange Act of 1934
    Type: Complaint Date on the document: 08/23/1996
    Defendants' Memorandum of Law in Opposition to Plaintiff's Motion for Appointment of Lead Plaintiff
    Type: Motion Date on the document: 12/31/1996
    Order Requiring Further Information for Plaintiff's Motion To Be Appointed Lead Plaintiff Pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act
    Type: Order Date on the document: 02/06/1997
    Defendants' Memorandum in Support of Motion To Dismiss
    Type: Motion Date on the document: 04/17/1997
    Declaration of John K. Grant in Support of Plaintiff's Opposition to Defendants' Motion to Dismiss
    Type: Declaration Date on the document: 06/02/1997
    Plaintiff's Opposition to Defendants' Motion to Dismiss
    Type: Motion Date on the document: 06/02/1997
    Order Dismissing Complaint With Leave To Amend First Amended
    Type: Order Date on the document: 08/14/1997

    REFERENCE COMPLAINT
    Howard Gunty Profit Sharing, et al. v. Quantum Corporation, et al.
     COURT: N.D. California  DOCKET NUMBER: 96-CV-20711
     JUDGE NAME: Hon. Spencer Williams
     DATE FILED: 09/12/1997  SOURCE: Business Wires
     CLASS PERIOD START: 02/06/1996  CLASS PERIOD END: 06/12/1996
     TYPE OF COMPLAINT: Consolidated and/or Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Milberg Weiss Bershad Hynes & Lerach LLP (S.F., CA)
      100 Pine Street - Suite 2600, San Francisco, CA, 94111
       (voice) 415.288.4545, (fax) 415.288.4534,
  • 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, Ltd.
      Three Bala Plaza East Suite 400, Bala Cynwyd, PA, 19004
       (voice) 610.667.7706, (fax) 610.667.7056,
  • Stull, Stull & Brody (New York)
      6 East 45th Street, New York, NY, 10017
       (voice) 310.209.2468, (fax) 310.209.2087, SSBNY@aol.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  4

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    First Amended Complaint for Violation of the Securities Exchange Act of 1934
    Type: Complaint Date on the document: 09/12/1997
    Memorandum in Support of Motion To Dismiss Amended Complaint
    Type: Motion Date on the document: 10/24/1997
    Plaintiff's Opposition to Defendants' Motion To Dismiss the First Amended Complaint
    Type: Motion Date on the document: 12/17/1997
    Declaration of Ellen H. Solomon In Support of Defendants' Opposition to Howard Gunty's Counter-Motion to Strike
    Type: Declaration Date on the document: 01/20/1998
    Defendants' Reply Memorandum in Support of Motion To Dismiss Amended Complaint
    Type: Motion Date on the document: 01/21/1998
    Statement of Recent Decision
    Type: Other Date on the document: 03/30/1998
    Order Granting Defendants' Motion To Dismiss First Amended Complaint with Prejudice
    Type: Order Date on the document: 04/06/1998
    Notice of Entry of Order Granting Defendants' Motion To Dismiss First Amended Complaint with Prejudice
    Type: Notice Date on the document: 04/10/1998
    CIVIL DOCKET FOR CASE #: 96-CV-20711
    Type: Docket Date on the document: 07/08/1998
    Litigants
    Type: Other Date on the document: 07/08/1998
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 04/27/2000

     OTHER DOCUMENTS
    Memorandum of Points and Authorities in Support of Defendants' Demurrer
    Case Name and/or Number: Howard Gunty Profit Sharing, et al. v. Quantum Corporation, et al.
    Type: Other Date on the document: 10/23/1996
    Plaintiff's Memorandum in Opposition to Defendants' Demurrer
    Case Name and/or Number: Howard Gunty Profit Sharing, et al. v. Quantum Corporation, et al.
    Type: Other Date on the document: 11/15/1996
    Memorandum of Points and Authorities in Support of Defendants' Motion for Determination That Action Not Proceed as Class Action
    Case Name and/or Number: Howard Gunty Profit Sharing, et al. v. Quantum Corporation, et al.
    Type: Motion Date on the document: 11/21/1996
    Plaintiff's Memorandum of Points and Authorities in Opposition to the Quantum Defendants' Motion for Determination That Action Not Proceed as a Class Action
    Case Name and/or Number: Howard Gunty Profit v. Quantum Corporation, et al
    Type: Motion Date on the document: 12/20/1996
    Reply Memorandum in Support of Defendants' Demurrer
    Case Name and/or Number: Howard Gunty Profit Sharing, et al. v. Quantum Corporation, et al.
    Type: Other Date on the document: 01/07/1997
    Amended Complaint for Damages
    Case Name and/or Number: Howard Gunty Profit Sharing, et al. v. Quantum Corporation, et al.
    Type: Complaint Date on the document: 03/20/1997
    Petition For Peremptory Writ Of Mandate, Prohibition, Certiorari, Or Other Appropriate Relief; Memorandum Of Points And Authorities In Support Thereof; Exhibits Filed Separately Herewith
    Case Name and/or Number: Howard Gunty Profit Sharing, et al. v. Quantum Corporation, et al.
    Type: Other Date on the document: 08/01/1997
    Order Granting Defendants' Motion for Creation of Ethical Wall
    Case Name and/or Number: Howard Gunty Profit Sharing, et al. v. Quantum Corporation, et al.
    Type: Motion Date on the document: 10/30/1997
    Plaintiff-Appellant's Opening Brief
    Case Name and/or Number: Howard Gunty Profit Sharing, et al. v. Quantum Corporation, et al.
    Type: Brief Date on the document: 09/25/1998
    Defendants-Appellees' Answering Brief
    Case Name and/or Number: Howard Gunty Profit Sharing, et al. v. Quantum Corporation, et al.
    Type: Brief Date on the document: 11/30/1998
    U.S. Court of Appeals Docket
    Case Name and/or Number: Howard Gunty Profit Sharing, et al. v. Quantum Corporation, et al.
    Type: Docket Date on the document: 03/06/2000

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