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_______________
Copyright (c) 2001
Stanford Law School


Turnstone Systems, Inc.
Conclusion: According to the docket, on October 9, 2003, the Court entered the Order by U.S. District Judge Saundra B. Armstrong granting the motions for final approval of settlement, for approval of plan allocation of settlement proceeds, and the motion to certify class action. The Court also awarded plaintiffs' counsel reimbursement of litigation expenses in the amount of $104,263.60. The Court further entered the Final Judgment and Order of Dismissal with Prejudice.

Turnstone Systems, Inc. announced that on July 25, 2003, the U.S. District Court for the Northern District of California preliminarily approved a settlement of a purported class action suit that was brought against the company, certain of its officers and directors and its underwriters on behalf of persons who purchased common stock issued pursuant to the company's secondary stock offering in September 2000. The suit was settled for $7.0 million, of which insurance for the company's directors and officers will pay approximately $6.1 million and the company will contribute approximately $0.9 million in cash. The settlement is conditioned upon, among other things, notice to the company's stockholders of the settlement and final approval by the United States District Court.

The original complaint charges defendants with violations of the Securities Exchange Act of 1934. The complaint alleges that contrary to defendants' representations during the Class Period, Turnstone's CX100 product was fraught with problems, including blown capacitors, malfunctioning chips, and inaccurate calibration of the CX100. As a result, and contrary to the representations in the Registration Statement/Prospectus, the CX100 product was unreliable, inaccurate and inefficient in deploying DSL services to Turnstone's customers. Moreover, Turnstone's key customers were returning the product as a result of the malfunctioning of the CX100. After the market closed on January 2, 2001, Turnstone issued another press release warning investors that its 4thQ 00 revenue would be substantially below market estimates because its CLEC customers had cancelled and reduced their orders. As a result, the Company announced revenue of $26 million to $28 million for the 4thQ 00, 37% lower than consensus market analyst estimates. In the same press release, the Company also disclosed that it expected to take a $13.0 to $15.5 million charge to increase its inventory reserves and bad debt reserves, thus causing Turnstone to forecast an operating loss of $12 million to $14 million for the quarter.

INDUSTRY CLASSIFICATION:
SIC Code: 3699
Sector: Technology
Industry: Communications Equipment


COMPANY/ISSUER NAME: Turnstone Systems, Inc.
COMPANY/ISSUER TICKER: TSTN
COMPANY WEBSITE: http://www.turnstone.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
The Louisiana School Employees’ Retirement System, et al. v. Turnstone Systems, Inc., et al.
 COURT: N.D. California  DOCKET NUMBER: 01-CV-1256
 JUDGE NAME: Hon. Saundra B. Armstrong
 DATE FILED: 03/28/2001  SOURCE: Business Wires
 CLASS PERIOD START: 09/21/2000  CLASS PERIOD END: 01/02/2001
 TYPE OF COMPLAINT: Unamended/Unconsolidated
 PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
  • Bernstein Litowitz Berger & Grossmann LLP (San Diego, CA)
      12544 High Bluff Drive, Suite 150, San Diego, CA, 92130
       (voice) 858.793.0070, (fax) 858.793.0323, blbg@blbglaw.com
  • Law Offices of Marc S. Henzel
      335 Central Avenue, Lawrence, NY, 11559
       (voice) 516.374.0707, (fax) 516.295.3473, securitiesfraud@comcast.net
  • 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
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  4

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Complaint For Violation Of The Federal Securities Laws
    Type: Complaint Date on the document: 03/28/2001
    Declaration of Blair Nicholas in Support of Motion
    Type: Declaration Date on the document: 03/28/2001
    Notice of Motion, Motion and Memorandum of Points and Authorities in Support of the Motion of the Louisiana School Employees’ Retirement System
    Type: Notice Date on the document: 03/28/2001
    Table of Authorities
    Type: Other Date on the document: 03/28/2001
    Notice, Motion & Memorandum in Support of Motion to Consolidate Cases
    Type: Motion Date on the document: 05/29/2001
    Proposed Order Appointing The Louisiana School Employees’ Retirement System to be Lead Plaintiff
    Type: Order Date on the document: 05/29/2001
    Proposed Order Consolidating Related Cases
    Type: Order Date on the document: 05/29/2001
    Declaration of Elizabeth P. Lin In Support of Motion to Consolidate Cases
    Type: Declaration Date on the document: 05/30/2001
    Notice, Motion & Memorandum in Support of Motion to Appoint Lead Plaintiff
    Type: Motion Date on the document: 05/30/2001
    Proposed Order Appointing Lead Plaintiff & Approving Selection of Counsel
    Type: Order Date on the document: 05/30/2001
    Reply Memorandum of Points and Authorities in Further Support of the Motion of The Louisiana School Employees’ Retirement System to be Appointed Lead Plaintiff
    Type: Notice Date on the document: 06/18/2001
    Defendant’s Counsel Are Directed To Serve This Order Upon All Other Parties In This Action
    Type: Order Date on the document: 10/26/2001

    REFERENCE COMPLAINT
    In Re: Turnstone Systems, Inc. Securities Litigation
     COURT: N.D. California  DOCKET NUMBER: 01-CV-1256
     JUDGE NAME: Honorable Saundra Brown Armstrong
     DATE FILED: 03/10/2003  SOURCE: Business Wires
     CLASS PERIOD START: 06/05/2000  CLASS PERIOD END: 01/02/2001
     TYPE OF COMPLAINT: Second Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • 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
  • Bernstein Litowitz Berger & Grossmann LLP (San Diego, CA)
      12544 High Bluff Drive, Suite 150, San Diego, CA, 92130
       (voice) 858.793.0070, (fax) 858.793.0323, blbg@blbglaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Consolidated Class Action
    Type: Complaint Date on the document: 09/13/2002
    Plaintiff's Memorandum Of Points And Authorities In Opposition To Defendants' Motion To Dismiss Plaintiff's Amended Consolidated Complaint
    Type: Motion Date on the document: 12/10/2002
    Plaintiff’s Memorandum Of Points And Authorities In Opposition To Underwriters’ Motion To Dismiss Counts I And Ii Of Plaintiff’s Amended Consolidated Complaint
    Type: Motion Date on the document: 12/10/2002
    Second Amended Consolidated Complaint
    Type: Complaint Date on the document: 03/10/2003
    Stipulation Of Settlement
    Type: Other Date on the document: 07/24/2003
    Order Preliminarily Approving Settlement And Providing For Notice
    Type: Order Date on the document: 07/25/2003
    Notice Of Pendency And Proposed Settlement Of Class Action
    Type: Notice Date on the document: 08/01/2003
    Affidavit Of Shandarese Garr
    Type: Other Date on the document: 09/25/2003
    Declaration Of Bjorn I. Steinholt In Support Of Approval Of The Proposed Plan Of Allocation
    Type: Declaration Date on the document: 09/25/2003
    Declaration Of Jeffrey M. Haber, Et Al, In Support Of Joint Petition For Reimbursement Of Expenses
    Type: Declaration Date on the document: 09/26/2003
    Notice Of Motion And Memorandum Of Points And Authorities In Support Of Plaintiffs' Motion For Award Of Attorneys' Fees And Joint Petition For Reimbursement Of Expenses
    Type: Motion Date on the document: 09/29/2003
    Notice Of Motion And Memorandum Of Points And Authorities In Support Of Plaintiffs' Motion For Final Approval Of Settlement, For Approval Of Plan Of Allocation Of Settlement Proceeds, And Certification Of The Class
    Type: Notice Date on the document: 09/29/2003
    Joint Declaration Of Jeffrey M Haber And Blair A Nicholas In Support Of Approval Of The Proposed Settlement, Award Of Attorneys' Fees And Reimbursement Of Expenses, And Plan Of Allocation Of Settlement Proceeds
    Type: Declaration Date on the document: 09/30/2003
    [Proposed] Final Judgment And Order Of Dismissal With Prejudice
    Type: Order Date on the document: 10/09/2003
    [Proposed] Order Approving Plan Of Allocation Of Settlement Proceeds
    Type: Order Date on the document: 10/09/2003
    [Proposed] Order Awarding Attorneys' Fees And Reimbursement Of Expenses
    Type: Order Date on the document: 10/09/2003
    Proof Of Claim And Release
    Type: Other Date on the document: 10/31/2003
    Notice Of Change Of Address
    Type: Notice Date on the document: 12/01/2005
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 11/16/2006

     OTHER DOCUMENTS
    Complaint for Violation of the Federal Securities Laws
    Case Name and/or Number: Huang, et al. v. Turnstone Systems, Inc.
    Type: Complaint Date on the document: 04/04/2001
    Complaint for Violation of the Federal Securities Laws
    Case Name and/or Number: Riskin, et al. v. Turnstone Systems, Inc.
    Type: Complaint Date on the document: 04/05/2001
    Complaint For Violation Of The Federal Securities Laws
    Case Name and/or Number: Bojsza, et al. v. Turnstone Systems, Inc.
    Type: Complaint Date on the document: 04/10/2001
    Notice Of Related Cases
    Case Name and/or Number: Bojsza, et al. v. Turnstone Systems, Inc.
    Type: Notice Date on the document: 04/10/2001
    Complaint for Violation of the Federal Securities Laws
    Case Name and/or Number: Greenberg and Knepper, et al. v. Turnstone Systems, Inc.
    Type: Complaint Date on the document: 04/12/2001
    Declaration of Elizabeth P. Lin
    Case Name and/or Number: Bojsza, et al. v. Turnstone Systems, Inc.
    Type: Declaration Date on the document: 05/29/2001
    Declaration of Elizabeth P. Lin in Support of Motion to Consolidate Cases
    Case Name and/or Number: Huang, et al. v. Turnstone Systems, Inc.
    Type: Declaration Date on the document: 05/29/2001
    Declaration of Elizabeth P. Lin in Support of Motion to Consolidate Cases
    Case Name and/or Number: Riskin, et al. v. Turnstone Systems, Inc.
    Type: Declaration Date on the document: 05/29/2001
    Declaration of Elizabeth P. Lin in Support of Motion to Consolidate Cases
    Case Name and/or Number: Greenberg, et al. v. Turnstone Systems, Inc.
    Type: Declaration Date on the document: 05/29/2001
    Notice Of Motion, Motion And Memorandum Of Points And Authorities In Support Of Motion To Consolidate Related Cases, Appoint Lead Plaintiff, And For Approval Of Lead Counsel
    Case Name and/or Number: Bojsza, et al. v. Turnstone Systems, Inc.
    Type: Motion Date on the document: 05/29/2001
    Notice, Motion & Memorandum in Support of Motion to Consolidate Cases
    Case Name and/or Number: Huang, et al. v. Turnstone Systems, Inc.
    Type: Motion Date on the document: 05/29/2001
    Notice, Motion & Memorandum in Support of Motion to Consolidate Cases
    Case Name and/or Number: Riskin, et al. v. Turnstone Systems, Inc.
    Type: Motion Date on the document: 05/29/2001
    Notice, Motion & Memorandum in Support of Motion to Consolidate Cases
    Case Name and/or Number: Greenberg, et al. v. Turnstone Systems, Inc.
    Type: Motion Date on the document: 05/29/2001
    Proposed Order Consolidating Related Cases, Appoint Lead Plaintiff & Counsel
    Case Name and/or Number: Huang, et al. v. Turnstone Systems, Inc.
    Type: Order Date on the document: 05/29/2001
    Proposed Order Consolidating Related Cases, Appoint Lead Plaintiff & Counsel
    Case Name and/or Number: Riskin, et al. v. Turnstone Systems, Inc.
    Type: Order Date on the document: 05/29/2001
    Proposed Order Consolidating Related Cases, Appoint Lead Plaintiff & Counsel
    Case Name and/or Number: Bojsza, et al. v. Turnstone Systems, Inc.
    Type: Order Date on the document: 05/29/2001

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