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Rambus, Inc.
Conclusion: On May 14, 2008 the Final Order and Judgment of Dismissal was entered, terminating the case. On the same day, the judge granted approval for the allocation of settlement funds and provided attorneys' fees and expenses at $4,583,328.25 (25% of the settlement fund including interest accrued from March 6, 2008), and $282,788.49.
According to a press release dated March 13, 2008, Memory-chip maker Rambus Inc. has put to rest a multidistrict securities class action alleging that company executives illegally backdated stock options to the tune of $18.3 million. Judge Jeremy Fogel of the U.S. District Court for the Northern District of California on March 5 granted preliminary approval to a stipulation outlining the settlement, though the order was not docketed until March 12. A final approval hearing has been scheduled for May 14. Judge Fogel also preliminarily certified the proposed class, which comprises purchasers of Rambus stock from Dec. 12, 2001, to July 18, 2006, for purposes of the settlement. The stipulation, signed by all parties between Feb. 29 and March 4, describes a deal that releases all defendants — including Rambus, several board members and executives, and auditor PricewaterhouseCoopers Plc — in exchange for $18 million, prejudgment interest of $333,313 and post-judgment interest.
On July 21, 2006, the plaintiffs filed an Amended Complaint. On November 9, 2006, the Court entered the Order by Judge Jeremy Fogel granting the Motion Of Ronald L. Schwarcz For Appointment Of Lead Plaintiff And For Appointment Of Lead Plaintiff's Counsel. On February 14, 2007, a Consolidated Amended Class Action Complaint was filed. On April 2, 2007, Rambus and the individual defendants filed with the Court motions to dismiss the Complaint. On May 7, 2007, Defendant PricewaterhouseCooper filed a motion to dismiss the Complaint. In a press release dated September 7, 2007 Rambus Inc. (Nasdaq:RMBS) announced that it has reached a settlement in principle regarding the consolidated securities class action
The original complaint alleges that Rambus and certain officers and directors violated Sections 10(b), 14(a) and 20(a) of the Securities Exchange Act of 1934 by making false and misleading statements and omissions concerning Rambus' improper and undisclosed practice of backdating options conferred on certain executives which made it appear that such options were issued on dates when the market price of Rambus stock was higher than the actual market price on the actual grant dates. This improper backdating masked the virtually instant profits the option recipients obtained. Under generally accepted accounting principles, these profits were required to be recognized as an expense in the Company's financial statements for the appropriate period, but were not. This backdating of options also violated provisions of the Internal Revenue Code relating to deduction of option payments. Thus, the Company's financial statements in Form 10-K filings for the years 2002, 2003, 2004 and 2005 were materially false and misleading. In addition, the Company's Proxy Statements for annual shareholder meetings held in years 2002 to 2005 were materially false and misleading because they contained statements concealing Rambus' practice of backdating stock options.
INDUSTRY CLASSIFICATION:
SIC Code: 3674
Sector: Technology
Industry: Semiconductors
| FIRST IDENTIFIED COMPLAINT IN THE DATABASE |
| Michael A. Bernstein Profit Sharing Keogh Plan, et al. v. Rambus, Inc., et al. |
| COURT: N.D. California | DOCKET NUMBER: 06-CV-04346 |
| JUDGE NAME: Hon. Jeremy Fogel |
| DATE FILED: 07/17/2006 | SOURCE: Notice of Filing | | CLASS PERIOD START: 12/12/2001 | CLASS PERIOD END: 06/27/2006 | | TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated) | | PLAINTIFF FIRMS NAMED IN COMPLAINT: |
Belt Law Firm PC
2151 Highland Avenue, Suite 310, Birmingham, AL, 35205
(voice) 205.933.1500, (fax) 205.933.5500, info@beltlawfirm.com
Gilbert & Sackman
6100 Wilshire Blvd., Ste. 700, Los Angeles, CA, 90048-5117
(voice) 323.938.3000, (fax) 323.937.9139, info@gslaw.org
Glancy Binkow & Goldberg LLP (Los Angeles)
1801 Ave. of the Stars, Suite 311, Los Angeles, CA, 90067
(voice) (310) 201-915, (fax) (310) 201-916, info@glancylaw.com
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
Hulett Harper LLP
550 West C Street, Suite 1600, San Diego, CA, 92101
(voice) (619)338-1133, (fax) (619)3381139, mailto:office@hulettharper.com
Johnson Law Firm APC
655 W. Broadway, Suite 1400, San Diego, CA, 92101
(voice) 619.230.0063, (fax) 619.230.5535,
Kantrowitz, Goldhamer & Graifman
747 Chestnut Ridge Road, Chestnut Ridge, NY, 10977
(voice) 845.356.2570., (fax) 845.356.4335,
Klafter & Olsen LLP
1250 Connecticut Ave., N.W. Suite 200, Washington, DC, 20036
(voice) 202.261.3553, (fax) 202.261.3533, info@klafterolsen.com
Locks Law Firm PLLC (New York)
110 East 55th Street, New York, NY, 10022
(voice) 212.838.3333, (fax) 212.838.3735, info@lockslaw.com
Mary Alexander & Associates PC
44 Montgomery Street, Suite 1303, San Francisco, CA, 94104
(voice) 415.433.4440, (fax) 415.433.5440, info@maryalexanderlaw.com/
Schubert & Reed LLP
Two Embarcadero Center, Suite 1050, San Francisco, CA, 94111
(voice) 415.788.4220, (fax) 415.788.0161, mail@schubert-reed.com
Stull, Stull & Brody (Los Angeles)
10940 Wilshire Boulevard - Suite 2300, Los Angeles, CA, 90024
(voice) 310.209.2468, (fax) ,
Stull, Stull & Brody (New York)
6 East 45th Street, New York, NY, 10017
(voice) 310.209.2468, (fax) 310.209.2087, SSBNY@aol.com
Whatley Drake & Kallas LLC
75 Rockkefeller Center, 19th Floor, New York, NY, 10019
(voice) 212.447.7070, (fax) 212.447.7077, info@whatleydrake.com
Wolf Haldenstein Adler Freeman & Herz LLP (New York)
270 Madison Avenue, New York, NY, 10016
(voice) 212.545.4600, (fax) 212.686.0114, newyork@whafh.com
_____________________________________________
TOTAL NUMBER OF PLAINTIFF FIRMS: 15 | |
REFERENCE COMPLAINT | | In Re: Rambus Securities Litigation | | COURT: N.D. California | DOCKET NUMBER: 06-CV-04346 | | JUDGE NAME: Hon. Jeremy Fogel | | DATE FILED: 02/14/2007 | SOURCE: Docket | | CLASS PERIOD START: 12/04/2001 | CLASS PERIOD END: 07/18/2006 | | TYPE OF COMPLAINT: Consolidated Complaint | | PLAINTIFF FIRMS NAMED IN COMPLAINT: |
Kantrowitz, Goldhamer & Graifman
747 Chestnut Ridge Road, Chestnut Ridge, NY, 10977
(voice) 845.356.2570., (fax) 845.356.4335,
Stull, Stull & Brody (Los Angeles)
10940 Wilshire Boulevard - Suite 2300, Los Angeles, CA, 90024
(voice) 310.209.2468, (fax) ,
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 REFERENCE COMPLAINT | | Consolidated Amended Class Action Complaint For Violation of the Federal Securities Laws | | Type: Complaint | Date on the document: 02/14/2007 | | Stipulation Requesting Continuance Of Initial Case Management Conference; Setting Motion Date; And [Proposed] Order | | Type: Order | Date on the document: 03/15/2007 | | Clerk's Notice | | Type: Notice | Date on the document: 03/16/2007 | | Notice Of Appearance Of Counsel On Behalf Of Defendant Robert K. Eulau | | Type: Notice | Date on the document: 03/16/2007 | | Stipulation Requesting Continuance Of Initial Case Management Conference; Setting Motion Date; And Order | | Type: Order | Date on the document: 03/16/2007 | | Notice of Change of Counsel | | Type: Notice | Date on the document: 03/23/2007 | | Stipulation And [Proposed] Order Extending Page Limit Of Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy’s Brief In Support Of Their Motion To Dismiss Plaintiff’s Consolidated Amended Class Action Complaint | | Type: Order | Date on the document: 03/29/2007 | | Declaration Of Betty Chang Rowe In Support Of Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy’s Notice Of Motion And Motion To Dismiss Plaintiff’s Consolidated Amended Class Action Complaint | | Type: Declaration | Date on the document: 03/30/2007 | | Declaration Of J. Carlos Orellana In Support Of Defendant Robert K. Eulau's Motion To Dismiss Plaintiff's Consolidated Amended Class Action Complaint | | Type: Declaration | Date on the document: 04/02/2007 | | Declaration Of Stephanie L. Zeller In Support Of John Danforth’s Motion To Dismiss Complaint | | Type: Declaration | Date on the document: 04/02/2007 | | Defendant Robert K. Eulau’s Certification Of Interested Entities Or Persons Pursuant To Civ. L. R. 3-16 | | Type: Other | Date on the document: 04/02/2007 | | Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy’s Notice Of Motion And Motion To Dismiss Plaintiff’s Consolidated Amended Class Action Complaint; Memorandum Of Points And Authorities | | Type: Motion | Date on the document: 04/02/2007 | | John Danforth’s Motion To Dismiss Complaint | | Type: Motion | Date on the document: 04/02/2007 | | Joinder Of Defendant David Mooring To Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy's Motion To Dismiss The Consolidated Amended Complaint | | Type: Other | Date on the document: 04/02/2007 | | Joinder Of Defendant David Mooring To Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy's Motion To Dismiss The Consolidated Amended Complaint | | Type: Other | Date on the document: 04/02/2007 | | Joinder Of Defendant David Mooring To Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy's Motion To Dismiss The Consolidated Amended Complaint | | Type: Other | Date on the document: 04/02/2007 | | Notice Of Joinder And Joinder Of Defendants William Davidow, Bruce Dunlevie, And Charles Geschke To Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy’s Motion To Dismiss Plaintiffs’ Consolidated Amended Class Action Complaint | | Type: Notice | Date on the document: 04/02/2007 | | [Proposed] Order Granting John Danforth’s Motion To Dismiss Complaint | | Type: Order | Date on the document: 04/02/2007 | | Request For Judicial Notice By Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy In Support Of Their Motion To Dismiss Plaintiff’s Consolidated Amended Class Action Complaint | | Type: Other | Date on the document: 04/02/2007 | | Request For Judicial Notice In Support Of Defendant Robert K. Eulau’s Motion To Dismiss Plaintiff’s Consolidated Amended Class Action Complaint | | Type: Other | Date on the document: 04/02/2007 | | Stipulation And Order Extending Page Limit Of Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy’s Brief In Support Of Their Motion To Dismiss Plaintiff’s Consolidated Amended Class Action Complaint | | Type: Order | Date on the document: 04/02/2007 | | Defendant John Danforth’s Certification Of Interested Entities Or Persons Pursuant To Civ. L.R. 3-16 | | Type: Other | Date on the document: 04/03/2007 | | Declaration Of Ignacio E. Salceda In Support Of Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy’s Opposition To Lead Plaintiff’s Motion To Partially Lift PSLRA Automatic Stay And Obtain Particularized Discovery | | Type: Declaration | Date on the document: 04/04/2007 | | Defendant Robert K. Eulau’s Joinder To Defendants Rambus, Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald, And Kevin Kennedy’s Opposition To Plaintiff’s Motion To Lift PSLRA Automatic Stay And Obtain Particularized Discovery | | Type: Other | Date on the document: 04/04/2007 | | Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy’s Opposition To Lead Plaintiff’s Motion To Partially Lift PSLRA Automatic Stay And Obtain Particularized Discovery | | Type: Other | Date on the document: 04/04/2007 | | Joinder Of Defendant David Mooring To Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy's Opposition To Lead Plaintiff's Motion To Partially Lift PSLRA Automatic Stay And Obtain Particularized Discovery | | Type: Other | Date on the document: 04/04/2007 | | Notice Of Joinder And Joinder Of Defendants William Davidow, Bruce Dunlevie, And Charles Geschke To Defendants Rambus Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald And Kevin Kennedy’s Opposition To Plaintiffs’ Motion To Lift PSLRA Automatic Stay And Obtain Particularized Discovery | | Type: Notice | Date on the document: 04/04/2007 | | John Danforth’s Joinder To Defendants Rambus, Inc., Harold Hughes, Mark Horowitz, P. Michael Farmwald, And Kevin Kennedy’s Opposition To Plaintiff’s Motion To Lift PSLRA Automatic Stay And Obtain Particularized Discovery | | Type: Other | Date on the document: 04/05/2007 | | Letter To The Honorable Jeremy Fogel | | Type: Other | Date on the document: 04/17/2007 | | Reply Memorandum Of Points And Authorities In Further Support Of Motion To Partially Lift PSLRA Automatic Stay And Obtain Particularized Discovery | | Type: Memorandum | Date on the document: 04/18/2007 | | Clerk’s Notice Re: Failure To File Electronically And/Or Register As An E-Filer | | Type: Notice | Date on the document: 04/20/2007 | | Notice Of Change Of Address | | Type: Notice | Date on the document: 04/23/2007 | | Clerk's Notice | | Type: Notice | Date on the document: 04/25/2007 | | Administrative Motion To Relate Kelley Action To In Re Rambus Inc. Securities Litigation | | Type: Motion | Date on the document: 04/30/2007 | | Certificate Of Service | | Type: Other | Date on the document: 04/30/2007 | | Notice Of Appearance Of Anthony Fenwick, Jill Zimmerman, And Cheryl Viirand | | Type: Notice | Date on the document: 05/01/2007 | | Rule 7.1 Disclosure Statement And Civil Local Rule 3-16 Certification Of Interested Entities Or Persons For PricewaterhouseCoopers, LLP | | Type: Other | Date on the document: 05/01/2007 | | Civil Minutes | | Type: Other | Date on the document: 05/02/2007 | | Clerk's Notice | | Type: Notice | Date on the document: 05/02/2007 | | Declaration Of Jill Zimmerman In Support Of Defendant PricewaterhouseCoopers LLP’s Motion To Dismiss Plaintiffs’ Consolidated Amended Class Action Complaint
| | Type: Declaration | Date on the document: 05/07/2007 | | Defendant PricewaterhouseCoopers LLP's Notice Of Motion And Motion To Dismiss Plaintiffs Consolidated Amended Class Action Complaint; Memorandum Of Points And Authorities | | Type: Motion | Date on the document: 05/07/2007 | | [Proposed] Order Granting Defendant PricewaterhouseCoopers LLP's Motion To Dismiss Plaintiffs Consolidated Amended Class Action Complaint | | Type: Order | Date on the document: 05/07/2007 | | Order Denying Plaintiffs’ Motion To Lift The PSLRA Discovery Stay | | Type: Order | Date on the document: 05/14/2007 | | Order Granting Motion To Relate Cases | | Type: Order | Date on the document: 05/14/2007 | | Clerk's Notice | | Type: Notice | Date on the document: 05/16/2007 | | Clerk's Notice | | Type: Notice | Date on the document: 05/16/2007 | | Stipulation And [Proposed] Order Taking Off Calendar Defendants' Motions To Dismiss Plaintiff's Consolidated Amended Class Action Complaint | | Type: Order | Date on the document: 05/17/2007 | | Stipulation And Order Taking Off Calendar Defendants' Motions To Dismiss Plaintiff's Consolidated Amended Class Action Complaint | | Type: Order | Date on the document: 05/21/2007 | | Defendant Geoff Tate's Certification Of Interested Entities Or Persons Pursuant To Civ. L.R. 3-16 | | Type: Other | Date on the document: 05/29/2007 | | Notice Of Appearance | | Type: Notice | Date on the document: 05/29/2007 | | Civil Minutes | | Type: Other | Date on the document: 06/01/2007 | | Stipulation And [Proposed] Order Regarding Briefing Schedule For Defendants' Motion To Dismiss Plaintiff's Consolidated Amended Class Action Complaint | | Type: Order | Date on the document: 06/21/2007 | | Stipulation And Order Regarding Briefing Schedule For Defendants' Motion To Dismiss Plaintiff's Consolidated Amended Class Action Complaint | | Type: Order | Date on the document: 06/26/2007 | | Clerks’s Notice | | Type: Notice | Date on the document: 07/11/2007 | | Parties' Report Regarding Briefing Schedule For Defendants' Motions To Dismiss Plaintiff's Consolidated Amended Class Action Complaint | | Type: Other | Date on the document: 08/06/2007 | | Joint Initial Case Management Conference Statement | | Type: Other | Date on the document: 08/24/2007 | | Defendant David Mooring's Certification Of Interested Entities Or Persons Pursuant To Civ. L.R. 3-16 | | Type: Other | Date on the document: 08/28/2007 | | Civil Minutes | | Type: Other | Date on the document: 09/07/2007 | | Notice Of Change Of Counsel | | Type: Notice | Date on the document: 10/31/2007 | | Letter from Howard T. Longman, Esq. | | Type: Other | Date on the document: 11/06/2007 | | Letter To The Honorable Jeremy Fogel | | Type: Other | Date on the document: 12/06/2007 | | Clerk's Notice | | Type: Notice | Date on the document: 01/08/2008 | | U.S. District Court Civil Docket | | Type: Docket | Date on the document: 01/08/2008 | | Stipulation Requesting Rescheduling Of Case Management Conference; And [Proposed] Order | | Type: Order | Date on the document: 02/19/2008 | | Stipulation Requesting Rescheduling Of Case Management Conference; And Order | | Type: Order | Date on the document: 02/22/2008 | | Defendant Geoff Tate's Request To Appear Telephonically At Case Management Conference; And [Proposed] Order | | Type: Order | Date on the document: 02/25/2008 | | Defendant Geoff Tate's Request To Appear Telephonically At Case Management Conference; And Order | | Type: Order | Date on the document: 02/28/2008 | | Defendant PricewaterhouseCoopers LLP's Request To Appear Telephonically At Case Management Conference | | Type: Other | Date on the document: 02/28/2008 | | Letter to Honorable Jeremy Fogel | | Type: Other | Date on the document: 03/04/2008 | | Order Granting Defendant PricewaterhouseCoopers LLP's Request To Appear Telephonically At Case Management Conference | | Type: Order | Date on the document: 03/04/2008 | | Stipulation of Settlement | | Type: Settlement | Date on the document: 03/04/2008 | | Civil Minutes | | Type: Other | Date on the document: 03/05/2008 | | Preliminary Approval Order | | Type: Order | Date on the document: 03/12/2008 | | U.S. District Court Civil Docket | | Type: Docket | Date on the document: 3/12/2008 | | Notice Of Proposed Settlement, Settlement Fairness Hearing And Motion For Attorneys' Fees And Reimbursement Of Litigation Expenses | | Type: Notice | Date on the document: 03/17/2008 | | Appendix A To Lead Counsel's Memorandum Of Points And Authorities In Support Of Joint Application For An Award Of Attorneys' Fees And Reimbursement Of Expenses | | Type: Other | Date on the document: 5/7/2008 | | Joint Declaration Of Howard T. Longman And Gary S. Graifman In Support Of Final Approval Of Proposed Class Action Settlement, The Plan Of Allocation And Application For Award Of Attorneys Fees And Reimbursement Of Expenses | | Type: Declaration | Date on the document: 5/7/2008 | | Lead Plaintiff 's Notice Of Motion And Motion For Final Approval Of Settlement; Memorandum Of Points And Authorities In Support Thereof | | Type: Motion | Date on the document: 5/7/2008 | | Lead Plaintiff's Notice Of Motion And Motion To Approve Plan Of Allocation Of Settlement Proceeds; Memorandum Of Points And Authorities In Support Thereof | | Type: Motion | Date on the document: 5/7/2008 | | [Proposed] Order Approving Award Of Attorneys' Fees And Reimbursement Of Expenses | | Type: Order | Date on the document: 5/7/2008 | | [Proposed] Order Approving Plan Of Allocation Of Settlement Proceeds | | Type: Order | Date on the document: 5/7/2008 | | Final Judgment And Order Of Dismissal With Prejudice | | Type: Order | Date on the document: 5/14/2008 | | Order (1) Granting Final Approval Of Class Action Settlement; (2) Approving Plan Of Allocation; (3) Awarding Attorneys' Fees And Costs; And (4) Addressing Objections Of William And Kathleen McWhorter | | Type: Order | Date on the document: 5/14/2008 | | Order Approving Award Of Attorneys' Fees And Reimbursement Of Expenses | | Type: Order | Date on the document: 5/14/2008 | | Order Approving Plan Of Allocation Of Settlement Proceeds | | Type: Order | Date on the document: 5/14/2008 | | U.S. District Court Civil Docket | | Type: Docket | Date on the document: 5/27/2008 |
| OTHER DOCUMENTS | | Class Action Complaint - Jury Trial Demanded |
| Case Name and/or Number: Joseph Maniglia, et al. v. Rambus, Inc., et al. |
| Type: Complaint | Date on the document: 07/19/2006 | | Class Action Complaint for Violation of the Federal Securities Laws - Demand for Jury Trial |
| Case Name and/or Number: Anatole Olczak, et al. v. Rambus, Inc., et al. |
| Type: Complaint | Date on the document: 07/28/2006 | | U.S. District Court Civil Docket |
| Case Name and/or Number: Wendell Williams, et al. v. Rambus, Inc., et al. |
| Type: Docket | Date on the document: 08/22/2006 | | U.S. District Court Civil Docket |
| Case Name and/or Number: Marilyn Freedman, et al. v. Rambus, Inc., et al. |
| Type: Docket | Date on the document: 09/28/2006 | | U.S. District Court Civil Docket |
| Case Name and/or Number: Anatole Olczak, et al. v. Rambus, Inc., et al. |
| Type: Docket | Date on the document: 09/28/2006 | | U.S. District Court Civil Docket |
| Case Name and/or Number: Marilyn Freedman, et al. v. Rambus, Inc., et al. |
| Type: Docket | Date on the document: 10/02/2006 | | U.S. District Court Civil Docket |
| Case Name and/or Number: Leavitt F. Sanders, et al. v. Rambus, Inc., et al. |
| Type: Docket | Date on the document: 10/04/2006 | | Notice of Change of Address |
| Case Name and/or Number: Marie Soffer, et al. v. Geoff Tate, et al. |
| Type: Notice | Date on the document: 03/09/2007 | | Joint Stipulation And Order Extending Briefing Schedule For 60 Days |
| Case Name and/or Number: In Re: Rambus Derivative Litigation |
| Type: Order | Date on the document: 01/30/2008 |
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