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| The Charles Schwab Corporation : Schwab YieldPlus Funds Investor Shares or Schwab YieldPlus Funds Select Shares Summary: On February 4, 2009, the Honorable William H. Alsup issued the Order on the various motions to dismiss. According to the Order, the motions to dismiss filed by the Schwab defendants and the independent trustees are granted in part and denied in part. PricewaterhouseCoopers’ motion to dismiss is granted. Finally, the motion to strike is denied. Plaintiff may move for leave to amend the dismissed claims by February 26, 2009. On August 18, 2008, the Honorable William H. Alsup granted the motion of the lead plaintiff to appoint law firm Hagen Berman Sobol Shapiro LLP as its lead counsel in the case. On October 2, 2008, the plaintiffs filed a First Consolidated Amended Complaint against all defendants. The First Consolidated Amended Complaint adds additional claims and defendants. On November 6, 2008, the defendants filed several motions to dismiss the First Consolidated Amended Complaint. The original class action lawsuit was filed on behalf of those who purchased Schwab YieldPlus Funds Investor Shares or Schwab YieldPlus Funds Select Shares from Charles Schwab Corporation during the Class Period. Specifically, the complaint claims Charles Schwab Corporation headquartered in San Francisco, CA, the funds' underwriter, investment advisers and officers and directors issued untrue statements regarding the lack of diversification of these funds and the extent of investments assigned to sub-prime mortgage backed and related securities. The complaint alleges the funds registration statements and prospectuses contained untrue statements of material facts, and omitted important information regarding the funds' investments, ultimately misleading investors. On Nov. 15, 2004, the Company began offering the Schwab YieldPlus investment funds through a registration statement and prospectus. The YieldPlus funds are advertised by the defendants as 'a safe alternative to money market funds that preserve principal while being designed with your income needs in mind'. Throughout the Class Period the Company claimed the funds were investments in a large, well-diversified portfolio, a seasoned team of taxable bond portfolio managers actively managed the funds, and that investment in Schwab YieldPlus would return higher yields on cash with only marginally higher risk, a smart alternative. Since July of 2007, the share price for the funds began lowering, for a total loss of 18 percent. Today the funds stand at an all-time low of $7.96, down more than 11 percent from Jan. 1, 2008. The lawsuit claims the funds are not well diversified, instead concentrated in a single risky industry with more than 50 percent of the funds assets invested in the mortgage industry. The lawsuit seeks remedies under the 1933 Act on behalf of all fund purchasers during the Class Period. INDUSTRY CLASSIFICATION: SIC Code: 6211 Sector: Financial Industry: Investment Services
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