Read-Rite Corporation 1997 - Securities Class Action

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Copyright (c) 2001
Stanford Law School

Read-Rite Corporation 1997 Summary: According to the latest docket posted, on March 25, 2003, the Court entered the certified copy of the Order from the Ninth Circuit Court of Appeals regarding the notice of appeal filed by the Ferrari Plaintiffs. The Court of Appeals dismissed the Ferrari Plaintiffs’ appeal. On July 29, 2003, the Court entered the certified copy of the judgment from the Second Circuit regarding the Nevius Plaintiffs' notice of appeal. According to the judgment, the Court of Appeals affirmed the decision of the District Court.

As reported by the Company’s FORM 10-K For The Fiscal Year Ended September 30, 2000, on December 22, 1997, the Court consolidated the Ferrari Federal Action and the Nevius Federal Action (the "Consolidated Federal Action"). On March 2, 2000, the court dismissed the Ferrari Plaintiffs' claims without leave to amend, and dismissed the Nevius Plaintiffs' claims with leave to amend. On October 13, 2000, the court ordered that the Ferrari Plaintiffs' and Nevius Plaintiffs' complaint be dismissed without leave to amend and that the action be dismissed with prejudice. The Nevius Plaintiffs and Ferrari Plaintiffs filed notices of appeal on October 27, 2000 and November 9, 2000, respectively.

On January 21, 1997, a similar class action was filed against Read-Rite Corporation, McDaid, et al v. Read-Rite Corporation, et al. According to the civil docket, for that case, 3:98-CV-00164, on March 6, 1998, the court entered the Order by U.S. District Judge Ronald M. Whyte ordering the case to be consolidated with the 1997 lead case, 3:97-CV-4389.

On May 19, 1997, a purported class action complaint was filed in the United States District Court for the Northern District of California by James C. Nevius and William Molair against the Company and certain of its officers and directors (the "Nevius Federal Action"). The Nevius Federal Action alleges that defendants made false and misleading statements about the Company's business condition and prospects during a purported class period of March 2 to June 19, 1996, and alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b-5.

On January 16, 1997, a purported class action complaint was filed in the United States District Court for the Northern District of California by Ferrari and Goldman against the Company and certain of its officers and directors (the "Ferrari Federal Action"). The complaint in the Ferrari Federal Action alleges that during a purported class period of April 19, 1995 to January 22, 1996, defendants made false and misleading statements concerning the Company's business condition and prospects. The Ferrari Federal Action contains similar factual allegations as the Ferrari State Action, and alleges violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b-5.

On December 11, 1996, the first purported class action complaint was filed in the Superior Court of the State of California, Santa Clara County, by Joan D. Ferrari and Mark S. Goldman against the Company and certain of its officers and directors (the "Ferrari State Action").

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

COMPANY/ISSUER NAME:	Read-Rite Corporation 1997
COMPANY/ISSUER TICKER:	RDRT
COMPANY WEBSITE:	http://www.readrite.com/

FIRST IDENTIFIED COMPLAINT IN THE DATABASE

Ferrari, et al. v. Read-Rite Corporation, et al.

COURT: N.D. California	DOCKET NUMBER: 97-CV-20059
JUDGE NAME: Hon. Ronald M. Whyte
DATE FILED: 01/17/1997	SOURCE: Business Wires
CLASS PERIOD START: 04/19/1995	CLASS PERIOD END: 01/22/1996
TYPE OF COMPLAINT: First Consolidated
PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
Bernstein Liebhard & Lifshitz LLP (New York, NY) 10 E. 40th Street, 22nd Floor, New York, NY, 10016 (voice) 800.217.1522, (fax) , info@bernlieb.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 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: 4

DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
Class Action Complaint for Violations of the Securities Exchange Act of 1934
Type: Complaint		Date on the document: 01/16/1997
Declaration of Andrew Leibnitz in Support of Defendants' Memorandum of Points and Authorities in Opposition to Ferrari Plantiffs' Motion for Appointment of Lead Plantiffs
Type: Declaration		Date on the document: 05/02/1997
Defendants' Memorandum of Points and Authorities in Opposition to Ferrari Plaintiffs' Motion for Appointment of Lead Plaintiffs
Type: Motion		Date on the document: 05/02/1997
Declaration of Jeffrey W. Lawrence in Support of Ferrari Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion for Appointment of Lead Plaintiffs and Approval of Plaintiffs' Selection of Lead Counsel
Type: Declaration		Date on the document: 05/09/1997
Ferrari Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Motion for Appointment of Lead Plaintiffs and Approval of Plaintiffs' Selection of Lead Counsel
Type: Motion		Date on the document: 05/09/1997
Defendants' Notice of Motion and Motion to Consolidate Actions and Memorandum of Law in Support of the Motion
Type: Motion		Date on the document: 06/20/1997
Defendants' Reply Memorandum in Support of Motion to Consolidate
Type: Motion		Date on the document: 08/13/1997

REFERENCE COMPLAINT

In Re: Read-Rite Corporation Securities Litigation

COURT: N.D. California	DOCKET NUMBER: 97-CV-04389
JUDGE NAME: Hon. Jeremy Fogel
DATE FILED: 05/09/2000	SOURCE: Business Wires
CLASS PERIOD START: 04/19/1995	CLASS PERIOD END: 01/22/1996
TYPE OF COMPLAINT: Second Amended
PLAINTIFF FIRMS NAMED IN COMPLAINT:
Berger & Montague PC 1622 Locust Street, Philadelphia, PA, 19103 (voice) 800.424.6690, (fax) 215.875.4604, investorprotect@bm.net Bernstein Liebhard & Lifshitz LLP (New York, NY) 10 E. 40th Street, 22nd Floor, New York, NY, 10016 (voice) 800.217.1522, (fax) , info@bernlieb.com Blumenthal Ostroff & Markham 1420 Kettner Blvd - 7th Floor, San Diego, CA, 92101-2431 (voice) 619.239.1111, (fax) , Gold Bennett Cera & Sidener LLP 595 Market Street, Suite 2300, San Francisco, CA, 94105-2835sco (voice) 800.778.1822, (fax) 415.777.5189, info@gbcsf.com John P. McCarthy 768 North Bethlehem Pike, Suite 200, Lower Gwynedd, PA, 19002 (voice) , (fax) , 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 & 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: 9

DOCUMENTS FOR THE REFERENCE COMPLAINT
Notice of Entry of Order
Type: Notice		Date on the document: 01/15/1998
Consolidated Complaint for Violation of the Securities Exchange Act of 1934
Type: Complaint		Date on the document: 01/29/1998
Declaration Of Solomon B. Cera In Support Of Nevius Plaintiffs' Motion For Reconsideration For Appointment Of Lead Plaintiffs And Approval Of The Nevius Plaintiffs' Selection Of Lead Counsel
Type: Declaration		Date on the document: 02/02/1998
Nevius Plaintiffs' Notice Of Motion For Reconsideration, Motion For Reconsideration And Memorandum Of Points And Authorities In Support Of Motion For Reconsideration For Appointment Of Lead Plaintiffs And Approval Of The Nevius Plaintiffs' Selection Of Lead Counsel
Type: Motion		Date on the document: 02/02/1998
Declaration of Gidon M. Caine in Opposition to Nevius Plaintiffs' Motion for Reconsideration
Type: Declaration		Date on the document: 03/31/1998
Defendants' Memorandum in Opposition to Nevius Plaintiffs' Motion for Reconsideration
Type: Motion		Date on the document: 03/31/1998
Lead Plaintiffs' Memorandum Of Law In Response To Nevius Plaintiffs' Motion For Reconsideration Regarding Appointment As Lead Plaintiff For The Nevius March 2, 1996-June 19, 1996 Class Period And Request To Reset Briefing Of Defendants' Motion To Dismiss
Type: Motion		Date on the document: 04/01/1998
Declaration of Gidon M. Caine in Opposition to Plaintiffs' Ex Parte Application To Vacate or Amend Briefing Schedule
Type: Motion		Date on the document: 04/06/1998
Defendants' Memorandum in Opposition to Plaintiffs' Ex Parte Application To Vacate or Amend Briefing Schedule
Type: Motion		Date on the document: 04/06/1998
Plaintiffs' Consolidated Memorandum of Points and Authorities in Opposition to Defendants' Motion To Dismiss Consolidated Class Action Complaint
Type: Motion		Date on the document: 06/16/1998
Plaintiffs' Notice Of Motion And Motion To Strike And Preclude All References To Exhibit A To Defendants' Memorandum In Support Of Their Motion To Dismiss And Exhibits 1, 3 And 16-20 To The Declaration Of Andrew Leibnitz
Type: Motion		Date on the document: 06/16/1998
Notice of Entry of Order
Type: Notice		Date on the document: 06/23/1998
Plaintiffs' Amended Notice Of Motion To Strike And Preclude All References To Exhibit A To Defendants' Memorandum In Support Of Their Motion To Dismiss And Exhibits 1, 3 And 16-20 To The Declaration Of Andrew Leibnitz
Type: Motion		Date on the document: 06/24/1998
Notice of Entry of Order
Type: Notice		Date on the document: 07/08/1998
Declaration of Andrew Leibnitz in Support of Defendants' Opposition to Plaintiffs' Motion To Strike
Type: Motion		Date on the document: 07/21/1998
Declaration of Gidon M. Caine in Support of Defendants' Motion To Dismiss
Type: Declaration		Date on the document: 07/21/1998
Defendants' Memorandum in Opposition to Plaintiffs' Motion To Strike Exhibits Submitted in Support of Defendants' Motion To Dismiss
Type: Motion		Date on the document: 07/21/1998
Defendants' Reply Memorandum in Support of Motion To Dismiss Consolidated Complaint
Type: Motion		Date on the document: 07/21/1998
Joint Case Management Statement
Type: Motion		Date on the document: 07/24/1998
Notice of Recent Authority
Type: Notice		Date on the document: 07/31/1998
Order Granting Motion to Dismiss with Leave to Amend
Type: Order		Date on the document: 08/12/1998
Notice of Entry of Order
Type: Notice		Date on the document: 08/19/1998
Notice of Entry of Order
Type: Notice		Date on the document: 09/09/1998
First Amended Consolidated Complaint for Violation of the Securities Exchange
Type: Complaint		Date on the document: 01/08/1999
Defendants' Notice of Motion, Motion, and Memorandum of Law in Support of Motion To Dismiss First Amended Complaint
Type: Motion		Date on the document: 03/02/1999
Defendants' Reply in Support of Motion To Dismiss First Amended Complaint
Type: Motion		Date on the document: 05/20/1999
Update to Joint Case Management Statement
Type: Motion		Date on the document: 05/25/1999
Nevius Plaintiffs' Response to Defendants' Statement of Recent Decision in Support of Motion To Dismiss First Amended Complaint
Type: Motion		Date on the document: 07/19/1999
Defendants' Statement of Recent Decision in Support of Motion To Dismiss First Amended Complaint
Type: Motion		Date on the document: 10/28/1999
Defendants' Notice Of Motion to Dismiss Plaintiffs' Second Amended Consolidated Complaint and Memorandum of Points and Authorities in Support of Motion to Dismiss
Type: Complaint		Date on the document: 05/31/2000
Plaintiffs' Reply Memorandum In Support Of Motion To Strike And Preclude All References To Exhibit A To Defendants' Memorandum In Support Of Their Motion To Dismiss And Exhibits 1, 3 And 16-20 To The Declaration Of Andrew Leibnitz
Type: Motion		Date on the document: 07/28/2000
U.S. District Court Civil Docket
Type: Docket		Date on the document: 07/29/2003

OTHER DOCUMENTS
Complaint for Violations of The Securities Exchange Act of 1934
Case Name and/or Number: McDaid, et al. v. Read-Rite Corporation, et al.
Type: Complaint		Date on the document: 01/21/1997
Class Action Complaint for Violations of the Securities Exchange Act of 1934
Case Name and/or Number: Nevius, et al. v. Read-Rite Corporation, et al.
Type: Complaint		Date on the document: 05/19/1997
Plaintiff's Notice of Motion , Motion and Memorandum of Points and Authorities in Support of Motion For Appointment of Lead Plaintiffs and Approval of Plaintiffs' Selection of Lead Counsel
Case Name and/or Number: Nevius, et al. v. Read-Rite Corporation, et al.
Type: Notice		Date on the document: 07/18/1997
Declaration of Solomon B. Cera
Case Name and/or Number: Nevius, et al. v. Read-Rite Corporation, et al.
Type: Declaration		Date on the document: 08/01/1997
Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Consolidate Actions
Case Name and/or Number: Nevius, et al. v. Read-Rite Corporation, et al.
Type: Other		Date on the document: 08/01/1997
[Proposed] Order Appointing Lead Plaintiffs Pursuant To §21D(a) (3) (B) Of The Securities Exchange Act Of 1934 And Appointing Lead Plaintiffs' Counsel
Case Name and/or Number: Nevius, et al. v. Read-Rite Corporation, et al.
Type: Order		Date on the document: 08/01/1997
U.S. District Court Civil Docket
Case Name and/or Number: McDaid, et al. v. Read-Rite Corporation, et al.
Type: Docket		Date on the document: 03/16/1998
U.S. District Court Civil Docket
Case Name and/or Number: Nevius, et al. v. Read-Rite Corporation, et al.
Type: Docket		Date on the document: 08/06/1998
US Court of Appeals Docket
Case Name and/or Number: Ferrari, et al. v. Read-Rite Corporation, et al.
Type: Docket		Date on the document: 04/16/2003
U.S. Court of Appeals Docket
Case Name and/or Number: Nevius, et al. v. Read-Rite Corporation, et al.
Type: Docket		Date on the document: 10/06/2003

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