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Stanford Law School


Southern Farm Bureau Life Insurance Company : Plaintiff's Shareholders Corporation shares
Summary: According to a press release dated April 16, 2007, a class action has been commenced on behalf of all shareholders of Plaintiffs' Shareholders Corporation ("PSC") who owned shares in PSC on or after the dissemination of a Proxy Statement on September 29, 2004 and through October 15, 2004, the date of a Special Meeting of Stockholders of PSC at which PSC approved the sale of a debenture to Southern Farm Bureau Life Insurance Company ("Southern Life"), and the date that the sale of the debenture was completed (the "Class").

The securities class action complaint was filed on behalf of the Plaintiffs, who comprise a class consisting of all of the shareholders of PSC who sold their shares in PSC as a result of Southern Life's alleged fraudulent and unlawful omissions and misrepresentations of material facts in connection with Southern Life's purchase of a security held by PSC and referred to as a "debenture." The action alleges that Southern Life violated federal securities laws under Section 10(b) of the 1934 Act and Rule 10b-5 by omitting material facts and misrepresenting material facts in connection with Southern Life's purchase of the debenture from PSC and resulting in the sale of the class members' shares in PSC. The action also asserts claims of common law fraud under Florida law associated with the same omissions of material fact and misrepresentations of material fact.

On June 5, 2006, defendant Southern Farm Bureau Life Insurance Company filed a Motion to Dismiss Complaint or in the Alternative, to Transfer Venue to the Northern District of Florida. On March 30, 2007, U.S. District Judge John Antoon II denied the motion the motion to dismiss or alternatively to transfer. On September 26, 2007, the plaintiffs filed a motion to certify the class. On March 19, 2008, Magistrate Judge Karla R. Spaulding issued a Report and Recommendation, recommending the Court to deny the motion to certify the class and dismiss the complaint. On April 25, 2008, Judge Antoon adopted the Report and Recommendation denying the motion to certify the class, dismissing the complaint and allowing the plaintiffs file an amended class action complaint. On May 8, 2008, the plaintiff filed an Amended Verified Derivative Complaint for Violations of Federal Securities Laws.

On May 9, 2008, the plaintiffs filed a Notice of Appeal as to the April 25, 2008 Order. On October 31, 2008, the defendant filed a motion for summary judgment. On December 11, 2008, the Court entered the Order from the Eleventh Circuit Court of Appeals. According to the Order, the appeal was dismissed for lack of jurisdiction. On March 6, 2009, District Judge Mary S. Scriven denied the motion for summary judgment.

On March 9, 2009, the first day of the Civil Jury Trial was held before Judge Mary S. Scriven. On the eighth day, held on March 19, 2009, the jury returned with a two verdicts regarding the Securities Fraud Claim and the Common Law Fraud Claim. Both verdicts were in favor of the plaintiff and that the plaintiffs should be awarded $31.7 million in damages.

INDUSTRY CLASSIFICATION:
SIC Code:
Sector: Financial
Industry: Insurance (Life)


COMPANY/ISSUER NAME: Southern Farm Bureau Life Insurance Company
COMPANY/ISSUER TICKER:
COMPANY WEBSITE: http://www.sfbli.com/

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Gene Badger, et al. v. Southern Farm Bureau Life Insurance Company, et al.
 COURT: M.D. Florida  DOCKET NUMBER: 06-CV-00637
 JUDGE NAME: Hon. John Antoon II
 DATE FILED: 05/11/2006  SOURCE: Notice of Filing
 CLASS PERIOD START: 09/29/2004  CLASS PERIOD END: 10/15/2004
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Baker & Hostetler LLP
      200 South Orange Avenue, Orlando, FL, 32801-3432
       (voice) 407.841.0168, (fax) , info@bakerlaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint for Violations of Federal Securities Laws
    Type: Complaint Date on the document: 05/11/2006
    Order
    Type: Order Date on the document: 03/30/2007
    Order
    Type: Order Date on the document: 03/30/2007
    Report And Recommendation
    Type: Other Date on the document: 03/19/2008
    Order
    Type: Order Date on the document: 4/25/2008

    REFERENCE COMPLAINT
    Gene Badger, et al. v. Southern Farm Bureau Life Insurance Company, et al.
     COURT: M.D. Florida  DOCKET NUMBER: 06-CV-00637
     JUDGE NAME: Hon. John Antoon II
     DATE FILED: 05/08/2008  SOURCE: Docket
     CLASS PERIOD START: 09/29/2004  CLASS PERIOD END: 10/15/2004
     TYPE OF COMPLAINT: First Amended
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Baker & Hostetler LLP
      200 South Orange Avenue, Orlando, FL, 32801-3432
       (voice) 407.841.0168, (fax) , info@bakerlaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Amended Verified Derivative Complaint For Violations Of Federal Securities Laws
    Type: Complaint Date on the document: 05/08/2008
    Notice Of Appeal
    Type: Notice of Appeal Date on the document: 05/09/2008
    Defendant Southern Farm Bureau Life Insurance Company's Motion For Summary Judgment And Memorandum Of Law
    Type: Motion Date on the document: 10/31/2008
    From The United States Court Of Appeals For The Eleventh Circuit
    Type: Order Date on the document: 12/11/2008
    Opinion and Order
    Type: Order Date on the document: 03/08/2009
    Clerk's Minutes - Civil Jury Trial - Day 1
    Type: Other Date on the document: 03/09/2009
    Verdict Form: Special Interrogatories (Common Law Fraud Claim)
    Type: Other Date on the document: 03/20/2009
    Verdict Form: Special Interrogatories (Securities Fraud Claim)
    Type: Other Date on the document: 03/20/2009
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 05/18/2009

     OTHER DOCUMENTS
    U.S. District Court Civil Docket
    Case Name and/or Number: Gene Banger, et al. v. Southern Farm Bureau Life Insurance Company, et al.
    Type: Docket Date on the document: 03/30/2007

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