New Era of Networks, Inc. - Securities Class Action

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_______________
Copyright (c) 2001
Stanford Law School

New Era of Networks, Inc. Conclusion: According to the docket, on February 25, 2002, the Fairness Hearing was held before U.S. District Judge Walker D. Miller. Judge Miller signed the Order and Final Judgment, approving the settlement and dismissing the case with prejudice and without costs except as provided in the stipulation. On July 24, 2003, the Court entered the Order granting the motions for distribution of the settlement and for an award of attorney fees and reimbursement of expenses.

By the Notice Of Pendency Of Class Action, a Settlement Fund consisting of an aggregate amount of $5,000,000 in cash, plus interest, has been established. Pursuant to Rule 23 of the Federal Rules of Civil Procedure and an Order of Court dated April 30, 2002, a hearing will be held before the Honorable Walker D. Miller in the United States Courthouse, 1929 Stout Street, Denver, Colorado 80294, at 1:30 p.m. on July 25, 2002 (the "Settlement Fairness Hearing") to determine whether a proposed settlement (the "Settlement") as set forth in the Stipulation and Agreement of Settlement dated on or about March 6, 2002 (the "Stipulation"), is fair, reasonable and adequate, and to consider the proposed Plan of Allocation for the Settlement proceeds and the application of Plaintiffs' Counsel for attorneys' fees and reimbursement of expenses. By order dated April 30, 2002, the Court certified the Settlement Class for purposes of settlement only.

On September 7, 2001, the plaintiff filed an Amended Consolidated Class Action Complaint, and on October 22, 2001, the defendants filed a motion to dismiss the amended consolidated class action complaint. On March 22, 2002, a Stipulation of Settlement was filed.

The original complaint charges New Era of Networks, Inc. and certain of its officers with violations of Section 10(b) and 20(a) of the Securities Exchange Act of 1934 by reason of material misrepresentations and omissions. The complaint alleges that certain officers and directors issued false and misleading statements concerning the Company's financial results for the third quarter 2000. The Company did not disclose during the Class Period, but later acknowledged in an SEC filing, that the record revenues and earnings reported for its third quarter 2000 resulted from the Company's practice of selling software to companies in exchange for equity in its customers and booking the sales as non-cash revenue. Disclosure of this previously concealed information caused the Company's stock to plummet over 50% on November 21, 2000.

INDUSTRY CLASSIFICATION:
SIC Code: 7371
Sector: Technology
Industry: Software & Programming

COMPANY/ISSUER NAME:	New Era of Networks, Inc.
COMPANY/ISSUER TICKER:	NEON [DELISTED]
COMPANY WEBSITE:	http://www.neonsoft.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE

Headley, et al. v. New Era of Networks, Inc., et al.

COURT: D. Colorado	DOCKET NUMBER: 01-CV-00003
JUDGE NAME: Hon. Donald Abram
DATE FILED: 01/02/2001	SOURCE: Business Wires
CLASS PERIOD START: 10/18/2000	CLASS PERIOD END: 11/21/2000
TYPE OF COMPLAINT: Unamended/Unconsolidated
PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
Berger & Montague PC 1622 Locust Street, Philadelphia, PA, 19103 (voice) 800.424.6690, (fax) 215.875.4604, investorprotect@bm.net Berman DeValerio Pease Tabacco Burt & Pucillo (MA) One Liberty Square, Boston, MA, 2109 (voice) 617.542.8300, (fax) 617.230.0903, info@bermanesq.com Brodsky & Smith, LLC 11 Bala Avenue, Suite 39, Bala Cynwyd, PA, 19004 (voice) 610.668.7987., (fax) 610.660.0450, esmith@Brodsky-Smith.com Cohen Milstein Hausfeld & Toll PLLC (Seattle WA) 701 Fifth Avenue, Suite 6860, Seattle, WA, 98014 (voice) 206.521.0080, (fax) 206.521.0166, lawinfo@cmht.com Dyer & Shuman, LLP 801 East 17th Avenue, Denver, CO, 80218-1417 (voice) 303.861.3003, (fax) 800.711.6483, info@dyershuman.com Edward J. Carreiro , , , (voice) , (fax) , Kirby McInerney & Squire LLP 830 Third Avenue 10th Floor, New York Ave, NY, 10022 (voice) 212.317.2300, (fax) , Law Offices of Charles J. Piven, P.A. World Trade Center-Baltimore,401 East Pratt Suite 2525, Baltimore, MD, 21202 (voice) 410.332.0030, (fax) , pivenlaw@erols.com Marc S. Henzel 210 West Washington Square, Third Floor , Philadelphia, PA, 19106 (voice) 215.625.9999, (fax) 215.440.9475, Mhenzel182@aol.com Ritchie & Rediker, L.L.C. 312 North 23rd Street, Birmingham, AL, 35203 (voice) 1800.251.1127, (fax) 205.324.7830, tkrebs@ritchie-rediker.com Schatz & Nobel, P.C. 330 Main Street, Hartford, CT, 06106 (voice) 800.797.5499, (fax) 860.493.6290, sn06106@AOL.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: 12

DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT

Type:		Date on the document:

REFERENCE COMPLAINT

In Re: New Era of Networks, Inc. Securities Litigation

COURT: D. Colorado	DOCKET NUMBER: 01-CV-00003
JUDGE NAME: Hon. Walker D. Miller
DATE FILED: 09/07/2001	SOURCE: Business Wires
CLASS PERIOD START: 10/18/2000	CLASS PERIOD END: 11/21/2000
TYPE OF COMPLAINT: Consolidated and/or Amended
PLAINTIFF FIRMS NAMED IN COMPLAINT:
Berman DeValerio Pease Tabacco Burt & Pucillo (MA) One Liberty Square, Boston, MA, 2109 (voice) 617.542.8300, (fax) 617.230.0903, info@bermanesq.com _____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 1

DOCUMENTS FOR THE REFERENCE COMPLAINT
Notice Of Pendency Of Class Action, Hearing On Proposed Settlement And Attorneys' Fee Petition, And Right To Share In Settlement Fund
Type: Notice		Date on the document: 04/30/2003
U.S. District Court Civil Docket
Type: Docket		Date on the document: 07/23/2003

OTHER DOCUMENTS
Class Action Complaint - Jury Trial Demanded
Case Name and/or Number: James B. Lemke, et al. v. New Era of Networks, Inc., et al.
Type: Complaint		Date on the document: 01/04/2001
Class Action Complaint And Jury Demand
Case Name and/or Number: Zaks, et al. v. New Era of Networks, Inc., et al.
Type: Complaint		Date on the document: 01/05/2001
Class Action Complaint - Jury Trial Demanded
Case Name and/or Number: Gilbert J. Veconi, et al. v. New Era of Networks, Inc., et al.
Type: Complaint		Date on the document: 01/11/2001

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