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Copyright (c) 2001
Stanford Law School


Opnext, Inc.
Summary: According to a press release dated February 20, 2008, the complaint charges that Opnext and certain of its present and former officers, directors, and control persons violated Sections 11 and 15 of the Securities Act of 1933 by issuing a materially inaccurate Registration Statement and Prospectus (collectively the "Registration Statement") in connection with the Company's IPO.

According to the Complaint, on or about February 14, 2007 the Opnext commenced its IPO priced at $15.00 per share for over 16 million shares of stock. The Complaint asserts that Opnext's Registration Statement was materially false because: (i) the Company's reported net income for the quarter and six months ended December 31, 2007 was overstated; and (ii) the Company's reported net loss for the fiscal year ended March 31, 2006 was understated.

The Complaint further alleges that on February 13, 2008 the Company announced, among other things, the Company's previously issued financial statements could no longer be relied upon and that it had to restate them. As a result of these adverse disclosures, Opnext's stock price dropped, damaging investors.

INDUSTRY CLASSIFICATION:
SIC Code: 3674
Sector: Technology
Industry: Semiconductors


COMPANY/ISSUER NAME: Opnext, Inc.
COMPANY/ISSUER TICKER: OPXT
COMPANY WEBSITE: http://www.opnext.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
David Bixler, et al. v. Opnext, Inc., et al.
 COURT: D. New Jersey  DOCKET NUMBER: 08-CV-00920
 JUDGE NAME: Hon. Joel A. Pisano
 DATE FILED: 2/20/2008  SOURCE: Notice of Filing
 CLASS PERIOD START: 2/14/2007  CLASS PERIOD END: 2/13/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Schiffrin Barroway Topaz & Kessler, LLP
       280 King of Prussia Road, Radnor, PA, 19087
       (voice) 610.667.7706, (fax) 610.667.7056, info@sbtklaw.com
  • The Rosen Law Firm, P.A.
      350 Fifth Avenue, Suite 5508, New York, NY, 10118
       (voice) 212.686.1060, (fax) 212.202.3827, lrosen@rosenlegal.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action - Jury Trial Demanded
    Type: Complaint Date on the document: 02/20/2008

     OTHER DOCUMENTS
    Class Action Complaint - Jury Trial Demanded
    Case Name and/or Number: Karen Coleman, et al. v. Opnext, Inc., et al.
    Type: Complaint Date on the document: 03/07/2008
    Class Action Complaint - Jury Trial Demanded
    Case Name and/or Number: William G. Johnson, et al. v. Opnext, Inc., et al.
    Type: Complaint Date on the document: 03/20/2008

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