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Portal Software, Inc.
Conclusion: On November 26, 2007, U.S. District Judge Vaughn R. Walker signed the Order granting the motion for final approval of the Settlement, granting approval of the plan of allocation and granting an award of costs and attorneys' fees.
On June 30, 2007, the Court approved preliminarily the proposed settlement and plan of allocation. The hearing on final approval of settlement is set for September 6, 2007.
On May 3, 2007, a Stipulation of Settlement was filed, establishing a settlement fund in the amount of $3,250,000 in cash.
According to the Order issued by U.S. District Judge Vaughn R. Walker, on August 17, 2006, the court denies defendants’ motion to dismiss plaintiffs’ claims under sections 11, 12(a)(2) and 15 of the ’33 Act and grants defendants’ motion to dismiss plaintiffs’ claims under sections 10(b)and 20(a) of the ‘34 Act. Because plaintiffs have amended their claims four times but still have not satisfieAd the PSLRA’s heightened pleading requirements, plaintiffs’ claims under the ‘34 Act are hereby dismissed with prejudice. The parties are instructed to appear before the court to discuss what issues, if any, remain in this litigation on October 3, 2006.
According to the Company’s FORM 10-K for the fiscal year ended January 28, 2005, on October 11, 2005, plaintiffs filed their fourth consolidated amended complaint. Defendants filed a motion to dismiss the fourth consolidated amended complaint on December 9, 2005. Plaintiffs filed an opposition to defendants’ motion to dismiss on February 8, 2006 and defendants’ reply brief in support of the motion to dismiss was filed on March 8, 2006. A hearing on the motion to dismiss took place on March 23, 2006 and an opinion will be issued at a later date.
As summarized by the same SEC filing, several similar class actions were consolidated on February 4, 2004 and a lead plaintiff and lead plaintiff’s counsel were appointed on March 25, 2004. On May 24, 2004, the lead plaintiff filed a consolidated amended complaint alleging violations of Section 10(b) and Section 20(a) of the Securities Exchange Act of 1934, as amended, arising from allegations that during the Class Period, Portal recognized revenue improperly and failed to disclose declining demand for its products and services. The consolidated amended complaint seeks damages in an unspecified amount. The defendants moved to dismiss this complaint on July 6, 2004 and the hearing on the motion was scheduled for September 30, 2004. On September 23, 2004, the lead plaintiff filed a motion for leave to file an amended complaint and requested continuance of the hearing to allow them time to prepare a proposed amended complaint. The court allowed plaintiff 60 days to file a motion for leave to amend, along with the required proposed amendment and took the original hearing date off calendar. The lead plaintiff’s motion for leave to amend and the proposed amended complaint were due to be filed by or about November 29, 2004. Lead plaintiff filed a second amended complaint on November 29, 2004. The second amended complaint purports to add a new plaintiff that may have purchased shares in, or traceable to, the September 2003 secondary offering and to add claims under Sections 11 and 12(a) of the Securities Act on the basis that the registration statement for the secondary offering contained allegedly material misstatements or omissions. The defendants moved to strike the second amended complaint on December 2, 2004. On December 7, 2004 the Court set a briefing schedule for the motion to strike. Plaintiffs filed a motion for leave to amend on December 22, 2004 correcting their failure to file the motion concurrent with the proposed second amended complaint. Defendants filed an opposition to the motion for leave to amend on January 6, 2005. A hearing on defendants’ motion to strike on plaintiffs’ motion for leave to amend was held on January 27, 2005. On March 10, 2005, the court granted plaintiffs’ motion for leave to amend and terminated as moot defendants’ motions to dismiss the consolidated amended complaint and to strike the improperly filed consolidated second amended complaint. The defendants moved to dismiss the consolidated second amended complaint on April 15, 2005. On May 19, 2005, plaintiffs filed their third consolidated amended complaint. The defendants moved to dismiss the third consolidated amended complaint on June 2, 2005, and a hearing on this motion was conducted on July 7, 2005. On August 10, 2005, the Court issued an order granting defendants’ motion to dismiss the third consolidated amended complaint as to all asserted claims and allowing plaintiffs leave to file a fourth consolidated amended complaint on or before October 11, 2005.
The original Complaint alleges that defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, by issuing a series of materially false and misleading statements to the market throughout the Class Period which statements had the effect of artificially inflating the market price of the Company's securities. Specifically, the Complaint alleges that defendants issued numerous public statements concerning Portal's revenue growth, product and marketing initiatives, and increasing revenues and profits while failing to disclose that demand for the Company's products was materially declining. Prior to the disclosure of this adverse information to the market, the Company completed a public offering of Portal common stock raising over $56 million in net proceeds and the Individual Defendants, as well as other high-level executives of
Portal, sold their personally-held Portal common stock to the unsuspecting
public reaping proceeds of more than $4.8 million.
As alleged in the Complaint, the Class Period commences on May 20, 2003, the
date on which the Company issued a press release announcing its first quarter
financial results, for the period ending May 2, 2003 (the "May 2nd Press
Release"). In addition to announcing the Company's financial results, as
alleged in the Complaint, defendants represented in the May 2nd Press release,
among other things that: (a) "We are the only company in our market reporting
increasing revenues and quarter-to-quarter product license growth."; and (b)
that the Company would "return to pro forma profitability [excluding certain
acquisition costs] and positive cash flow operations within the current fiscal
year." Then, as alleged in the Complaint, in the June 2003 issue of Worldwide
Telecom, Portal announced that eircom, an Ireland-based provider of fixed
telecommunications, had successfully implemented Portal's convergent billing
platform, Infranet. On August 19, 2003, as alleged in the Complaint, Portal
issued a press release announcing its financial results for the second quarter
of 2003, the period ending August 1, 2003 (the "August 19th Press Release").
The Company reported revenues of $33.2 million for the second quarter. On
September 12, 2003, Portal announced that it had priced a public offering of
more than 22 million shares of its common stock, raising more than $56 million
for the Company. In connection with the offering, Portal filed a registration
statement with the SEC which included, among other things, positive
representations concerning the Company's business and its core product,
Infranet.
The Complaint further alleges that the statements referenced above, in addition to
others alleged in the Complaint, were each materially false and misleading when
made as they misrepresented and/or omitted the following adverse facts which
then existed and disclosure of which was necessary to make the statements made
not false and/or misleading, including: (a) that the Company's sales and
marketing efforts were not performing well and the Company was experiencing
declining demand for its products and services; (b) that the Company was
experiencing an adverse and material lengthening of product sales cycles and a
material increase in deferred revenues; (c) that due to continuing and severe
problems with the Company's core products, the Company was unable to service
its existing customers, causing additional erosion of the Company's revenue
streams; and (d) as a result of the foregoing, defendants' lacked a reasonable
basis for their earnings projections at all times.
The Class Period ends on November 13, 2003. On that date, Portal issued a press
release announcing that it expected net losses of $0.36 - 0.40 per share for
the third quarter fiscal 2004 versus prior earnings guidance of net profits of
$0.04 per share. Defendants cited contract delays and revenue recognition
deferrals. Market reaction to defendants' belated disclosures was swift and
severe. In after-hours trading on November 13, 2003, the price of Portal common
shares fell more than 42.5% to open at $8.77 per share on November 14, 2003,
and have decreased more than 51% from a Class Period high of $17.93 per share
reached less than a month before on October 15, 2003.
INDUSTRY CLASSIFICATION:
SIC Code: 7371
Sector: Technology
Industry: Software & Programming
|
COMPANY/ISSUER NAME: |
Portal Software, Inc. |
| COMPANY/ISSUER TICKER: |
PRSF |
| COMPANY WEBSITE: |
http://www.portal.com |
| FIRST IDENTIFIED COMPLAINT IN THE DATABASE |
| Schmitt, et al. v. Portal Software, Inc., et al. |
| COURT: N.D. California | DOCKET NUMBER: 03-CV-5138 |
| JUDGE NAME: Vaughn R. Walker |
| DATE FILED: 11/20/2003 | SOURCE: Business Wires | | CLASS PERIOD START: 05/20/2003 | CLASS PERIOD END: 11/13/2003 | | TYPE OF COMPLAINT: Unamended/Unconsolidated | | 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
Brodsky & Smith, LLC
11 Bala Avenue, Suite 39, Bala Cynwyd, PA, 19004
(voice) 610.668.7987., (fax) 610.660.0450, esmith@Brodsky-Smith.com
Cauley Geller Bowman Coates & Rudman, LLP (New York)
200 Broadhollow, Suite 406, Melville, NY, 11747
(voice) 631.367.7100, (fax) 631.367.1173,
Cohen, Milstein, Hausfeld & Toll, P.L.L.C. (Washington, DC)
1100 New York Avenue, N.W., Suite 500, West Tower, Washington, DC, 20005
(voice) 202.408.4600, (fax) 202.408.4699, lawinfo@cmht.com
Goodkind Labaton Rudoff & Sucharow LLP
100 Park Avenue, New York, NY, 10017
(voice) 212.907.0700, (fax) 212.818.0477, info@glrslaw.com
Green & Jigarjian LLP
235 Pine Street, 15th Floor, San Francisco, CA, 94104
(voice) 415.477.6700, (fax) 415.477.6710,
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
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,
Schiffrin & Barroway LLP
3 Bala Plaza E, Bala Cynwyd, PA, 19004
(voice) 610.667.7706, (fax) 610.667.7056, info@sbclasslaw.com
Wechsler Harwood, LLP.
488 Madison Avenue 8th Floor, New York, NY, 10022
(voice) 212.935.7400, (fax) 212.753.3630, info@whesq.com
_____________________________________________
TOTAL NUMBER OF PLAINTIFF FIRMS: 11 | |
REFERENCE COMPLAINT | | In re Portal Software, Inc. Securities Litigation | | COURT: N.D. California | DOCKET NUMBER: 03-CV-5138 | | JUDGE NAME: Vaughn R. Walker | | DATE FILED: 10/11/2005 | SOURCE: Business Wires | | CLASS PERIOD START: 05/20/2003 | CLASS PERIOD END: 11/13/2003 | | TYPE OF COMPLAINT: Consolidated and/or Amended | | PLAINTIFF FIRMS NAMED IN COMPLAINT: |
Cauley Geller Bowman Coates & Rudman, LLP (New York)
200 Broadhollow, Suite 406, Melville, NY, 11747
(voice) 631.367.7100, (fax) 631.367.1173,
Cauley Geller, Bowman Coates & Rudman, LLP (Boca Raton, FL)
One Boca Place. 2255 Glades Road, Suite 421A, Boca Raton, FL, 33431
(voice) 561.750.3000, (fax) 561.750.3364,
Coughlin Stoia Geller Rudman & Robbins LLP (San Diego)
655 West Broadway, Suite 1900, San Diego, CA, 92101
(voice) 619.231.1058, (fax) 619.231.7423,
Green & Jigarjian LLP
235 Pine Street, 15th Floor, San Francisco, CA, 94104
(voice) 415.477.6700, (fax) 415.477.6710,
Lerach Coughlin Stoia Geller Rudman & Robbins LLP (Melville)
200 Broadhollow, Suite 406, Melville, NY, 11747
(voice) 631.367.7100, (fax) 631.367.1173, info@lerachlaw.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: 6 | |
| DOCUMENTS FOR THE REFERENCE COMPLAINT | | Consolidated Amended Complaint | | Type: Complaint | Date on the document: 05/24/2004 | | Declaration Of Randolph Gaw In Support Of Defendants’ Motion To Dismiss Plaintiffs’ Consolidated Amended Complaint | | Type: Declaration | Date on the document: 07/09/2004 | | Defendants’ Motion To Dismiss Plaintiffs’ Consolidated Amended Complaint | | Type: Motion | Date on the document: 07/09/2004 | | Defendants’ Request For Judicial Notice | | Type: Other | Date on the document: 07/09/2004 | | Plaintiff's Opposition to Defendants' Motion to Dismiss the Consolidated Amended Complaint | | Type: Other | Date on the document: 08/19/2004 | | Notice of Change of Firm Name | | Type: Notice | Date on the document: 09/13/2004 | | Declaration Of Samuel H. Rudman In Support Of Motion For Hearing On Shortened Time | | Type: Declaration | Date on the document: 09/23/2004 | | Motion For Hearing On Shortened Time | | Type: Motion | Date on the document: 09/23/2004 | | Motion For Leave To File A First Amended Consolidated Complaint, For Relief From Local Rule 10-1, And To Continue The Hearing On Defendants’ Motion To Dismiss | | Type: Motion | Date on the document: 09/23/2004 | | Proof of Service | | Type: Other | Date on the document: 09/23/2004 | | [Proposed] Order Allowing Motions To Be Heard On Shortened Time | | Type: Order | Date on the document: 09/23/2004 | | [Proposed] Order Granting Leave To File A First Amended Consolidated Complaint, For Relief From Local Rule 10-1 And To Continue The Hearing On Defendants' Motion To Dismiss | | Type: Order | Date on the document: 09/23/2004 | | Notice of Entry of Order Vacating September 30, 2004 Hearing Date | | Type: Notice | Date on the document: 09/27/2004 | | Notice of Entry of Order Granting Application of Douglas Wilens for Admission of Attorney Pro Hac Vice | | Type: Notice | Date on the document: 09/30/2004 | | Consolidated Second Amended Complaint | | Type: Complaint | Date on the document: 11/22/2004 | | Notice of Oral Argument | | Type: Notice | Date on the document: 01/20/2005 | | Declaration of James Jenkins in Response to Defendants' Supplemental Submissions dated February 8, 2005 | | Type: Declaration | Date on the document: 03/09/2005 | | Declaration of Samuel Rudman | | Type: Declaration | Date on the document: 03/09/2005 | | Consolidated Third Amended Complaint | | Type: Complaint | Date on the document: 05/19/2005 | | Certificate Of Sanford Svetcov Pursuant To Local Rule 3-7(d) | | Type: Other | Date on the document: 06/15/2005 | | Declaration Of Robert S. Green In Support Of Plaintiffs’ Opposition To Defendants’ Motion To Dismiss Plaintiffs’ Third Consolidated Amended Complaint | | Type: Declaration | Date on the document: 06/16/2005 | | Plaintiffs’ Opposition To Defendants’ Motion To Dismiss Plaintiffs’ Third Consolidated Amended Complaint | | Type: Other | Date on the document: 06/16/2005 | | Proof Of Service | | Type: Other | Date on the document: 06/16/2005 | | Declaration Of Robert S. Green In Support Of Request For Judicial Notice Of Documents Presented At The July 7, 2005 Hearing | | Type: Declaration | Date on the document: 07/14/2005 | | Plaintiffs’ Request For Judicial Notice Of Documents Presented At The July 7, 2005 Hearing | | Type: Other | Date on the document: 07/14/2005 | | Order | | Type: Order | Date on the document: 08/10/2005 | | Consolidated Fourth Amended Complaint | | Type: Complaint | Date on the document: 10/11/2005 | | Stipulation And [Proposed] Scheduling Order | | Type: Order | Date on the document: 10/25/2005 | | Stipulation And Scheduling Order | | Type: Order | Date on the document: 10/25/2005 | | Declaration Of Randloph Gaw In Support Of Defendants’ Motion To Dismiss Plaintiffs’ Fourth Consolidated Amended Complaint | | Type: Declaration | Date on the document: 12/09/2005 | | Defendants’ Motion To Dismiss Plaintiffs’ Fourth Consolidated Amended Complaint | | Type: Motion | Date on the document: 12/09/2005 | | Defendants’ Request For Judicial Notice | | Type: Other | Date on the document: 12/09/2005 | | Declaration Of Randloph Gaw In Support Of Defendants’ Motion To Dismiss Plaintiffs’ Fourth Consolidated Amended Complaint - Exhibits A to J | | Type: Declaration | Date on the document: 01/24/2006 | | Declaration Of Randloph Gaw In Support Of Defendants’ Motion To Dismiss Plaintiffs’ Fourth Consolidated Amended Complaint – Exhibits K to T | | Type: Other | Date on the document: 01/24/2006 | | Declaration Of Sanford Svetcov In Support Of Plaintiffs’ Opposition To Defendants’ Motion To Dismiss Fourth Consolidated Amended Complaint | | Type: Declaration | Date on the document: 02/08/2006 | | Plaintiffs’ Opposition To Defendants’ Motion To Dismiss Fourth Consolidated Amended Complaint | | Type: Other | Date on the document: 02/08/2006 | | Plaintiffs’ Request For Judicial Notice Of New And Additional Portal Documents For Incorporation In Fourth Consolidated Amended Complaint | | Type: Other | Date on the document: 02/08/2006 | | Defendants’ Reply Memorandum In Support Of Its Motion To Dismiss Plaintiffs’ Fourth Consolidated Amended Complaint | | Type: Memorandum | Date on the document: 03/08/2006 | | Supplemental Declaration Of Randloph Gaw In Support Of Defendants’ Motion To Dismiss Plaintiffs’ Fourth Consolidated Amended Complaint | | Type: Declaration | Date on the document: 03/08/2006 | | Statement Of Recent Decisions | | Type: Other | Date on the document: 03/16/2006 | | Civil Minute Order | | Type: Order | Date on the document: 03/23/2006 | | Notice Of Filing Of 10-K With Securities And Exchange Commission | | Type: Notice | Date on the document: 06/29/2006 | | Plaintiffs’ Request For Leave To File A Statement Of Recent Decisions (Civil L.R. 7-3(d)) | | Type: Other | Date on the document: 06/29/2006 | | Portal Software, Inc.'s FORM 10-K Filed on June 09, 2006 | | Type: Other | Date on the document: 06/29/2006 | | Order | | Type: Docket | Date on the document: 08/17/2006 | | Civil Pretrial Minute | | Type: Other | Date on the document: 10/03/2006 | | U.S. District Court Civil Docket | | Type: Docket | Date on the document: 10/03/2006 | | Clerk's Notice | | Type: Notice | Date on the document: 12/20/2006 | | Declaration Of David J. Ross | | Type: Declaration | Date on the document: 01/10/2007 | | Certificate Of Service By Overnight Mail Pursuant To Manual Notice List | | Type: Other | Date on the document: 01/11/2007 | | Declaration Of Christina L. Costley In Support Of Defendants’ Motion For Summary Judgment | | Type: Declaration | Date on the document: 01/11/2007 | | Defendants’ Notice Of Motion And Motion For Summary Judgment | | Type: Motion | Date on the document: 01/11/2007 | | Stipulation And [Proposed] Scheduling Order | | Type: Order | Date on the document: 01/19/2007 | | Stipulation And Scheduling Order | | Type: Order | Date on the document: 01/25/2007 | | Stipulation And [Proposed] Scheduling Order | | Type: Order | Date on the document: 03/27/2007 | | Notice Of Change In Counsel | | Type: Notice | Date on the document: 03/29/2007 | | Stipulation And Scheduling Order | | Type: Order | Date on the document: 03/30/2007 | | Declaration Of Bjorn I. Steinholt | | Type: Declaration | Date on the document: 05/03/2007 | | Notice Of Motion And Lead Plaintiff’s Unopposed Motion For Preliminary Approval Of Settlement And Memorandum Of Points And Authorities In Support Thereof | | Type: Motion | Date on the document: 05/03/2007 | | [Proposed] Order Preliminarily Approving Settlement And Providing For Notice | | Type: Order | Date on the document: 05/03/2007 | | Stipulation Of Settlement | | Type: Settlement | Date on the document: 05/03/2007 | | [Proposed] Amended Order Preliminarily Approving Settlement And Providing For Notice | | Type: Order | Date on the document: 05/07/2007 | | Civil Minute Order | | Type: Order | Date on the document: 06/07/2007 | | [Proposed] Revised Order Preliminarily Approving Settlement And Providing For Notice | | Type: Order | Date on the document: 06/12/2007 | | Supplemental Declaration Of Joy Ann Bull In Support Of Lead Plaintiff's Unopposed Motion For Preliminary Approval Of Settlement | | Type: Declaration | Date on the document: 06/12/2007 | | Notice Of Pendency And Proposed Settlement Of Class Action | | Type: Notice | Date on the document: 06/30/2007 | | Order | | Type: Order | Date on the document: 06/30/2007 | | Proof of Claim and Release | | Type: Other | Date on the document: 06/30/2007 | | Declaration Of Carole K. Sylvester Re A) Mailing Of The Notice Of Pendency And Proposed Settlement Of Class Action And The Proof Of Claim And Release Form And B) Publication Of The Summary Notice | | Type: Declaration | Date on the document: 08/20/2007 | | Declaration Of John Frith Stewart Filed On Behalf Of Stewart Roelandt Stoess Craigmyle & Emery PLLC In Support Of Application For Award Of Attorneys' Fees And Expenses | | Type: Declaration | Date on the document: 08/20/2007 | | Declaration Of Joy Ann Bull In Support Of Final Approval Of Settlement And The Plan Of Allocation Of Settlement Proceeds, And Lead Counsel's Application For Award Of Attorneys' Fees And Expenses | | Type: Declaration | Date on the document: 08/20/2007 | | Declaration Of Robert M. Rothman In Support Of (1) Final Approval Of Settlement And Plan Of Allocation Of Settlement Proceeds; And (2) Award Of Attorneys' Fees And Expenses | | Type: Declaration | Date on the document: 08/20/2007 | | Declaration Of Robert M. Rothman In Support Of (1) Final Approval Of Settlement And Plan Of Allocation Of Settlement Proceeds; And (2) Award Of Attorneys' Fees And Expenses | | Type: Declaration | Date on the document: 08/20/2007 | | Declaration Of Robert S. Green Filed On Behalf Of Green Welling LLP In Support Of Application For Award Of Attorneys' Fees And Expenses | | Type: Declaration | Date on the document: 08/20/2007 | | Declaration Of Samuel H. Rudman Filed In Support Of Lead Counsel's Application For Award Of Attorneys' Fees And Expenses | | Type: Declaration | Date on the document: 08/20/2007 | | Notice Of Motion And Memorandum Of Points And Authorities In Support Of Final Approval Of Settlement And The Plan Of Allocation Of Settlement Proceeds | | Type: Motion | Date on the document: 08/20/2007 | | Notice Of Motion And Memorandum Of Points And Authorities In Support Of Final Approval Of Settlement And The Plan Of Allocation Of Settlement Proceeds | | Type: Motion | Date on the document: 08/20/2007 | | Notice Of Motion And Memorandum Of Points And Authorities In Support Of Lead Counsel's Application For Award Of Attorneys' Fees And Expenses | | Type: Motion | Date on the document: 08/20/2007 | | Clerk's Notice | | Type: Notice | Date on the document: 9/14/2007 | | Civil Minute Order | | Type: Order | Date on the document: 10/25/2007 | | Declaration Of Joy Ann Bull Re Claims Submitted Against The Settlement Fund | | Type: Declaration | Date on the document: 10/31/2007 | | Declaration Of Lara McDermott Re Report On Damaged Shares | | Type: Declaration | Date on the document: 11/19/2007 | | Order | | Type: Order | Date on the document: 11/26/2007 | | U.S. District Court Civil Docket | | Type: Docket | Date on the document: 11/26/2007 |
| OTHER DOCUMENTS | | Class Action Complaint |
| Case Name and/or Number: Kane |
| Type: Complaint | Date on the document: 01/09/2004 |
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