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Copyright (c) 2001
Stanford Law School


Harris Stratex Networks, Inc.
Summary: The action seeks to pursue remedies under the Securities Act of 1933 and the Securities Exchange Act of 1934. Specifically, the complaint alleges that Defendants issued materially false and misleading statements about its financial condition prior to and following its formation in early 2007 through the date of the merger of Stratex Networks, Inc. and the Harris Microwave Communications Division. a On July 30, 2008, the Company announced that it had discovered accounting errors which rendered its previously issued financial statements to be incorrect. According to the announcement, the Company will restate earnings reports from 2005 through the present. The Company reported these accounting errors will cut previously reported pre-tax income by $18 million to $25 million. As a result of the restatement, the Company announced that its prior financial statements for the first three quarters of fiscal 2008 and the fiscal years 2005 through 2007 should no longer be relied upon. Harris Stratex's share price fell in reaction to the announcement, falling from $11.24 to $7.35 per share -- a 34.61% decline in value.

On December 4, 2008, the plaintiff in the first filed complaint filed a Notice of Voluntary Dismissal. The case is continuing in two actions substantially similar to this action, captioned Dutton v. Harris Stratex Networks, Inc., 08-CV-00755 (D. Del. filed Oct. 6, 2008) and Kleinmann v. Harris Stratex Networks, Inc., 08 Civ. 6171 (D. Del. filed Oct. 30, 2008).

On June 5, 2009, Judge Joseph J. Farnan, Jr. granted the motion to consolidate the two actions under Civil Action No. 08-755-JJF. The Rudman Investors’ motion to be appointed lead plaintiff was granted. Kirby McInerney, LLP, was approved as lead counsel. On July 29, 2009, the lead plaintiff filed a Consolidated Class Action Complaint. On September 28 and October 9, 2009, the defendants responded by filing several motions to dismiss the Consolidated Class Action Complaint.

INDUSTRY CLASSIFICATION:
SIC Code: 3663
Sector: Technology
Industry: Communications Equipment


COMPANY/ISSUER NAME: Harris Stratex Networks, Inc.
COMPANY/ISSUER TICKER: HSTX
COMPANY WEBSITE: http://www.harrisstratex.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Norfolk County Retirement System, et al. v. Harris Stratex Networks, Inc., et al.
 COURT: D. Delaware  DOCKET NUMBER: 08-CV-00578
 JUDGE NAME: Hon. Joseph J. Farnan, Jr.
 DATE FILED: 09/15/2008  SOURCE: 
 CLASS PERIOD START: 01/29/2007  CLASS PERIOD END: 07/30/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Finger & Slanina, LLC (former)
      One Commerce Center; 1201 Orange Street, Suite 725, Wilmington, DE, 19801-1155
       (voice) 302.884.6766, (fax) ,
  • Labaton Sucharow LLP
      140 Broadway, New York, NY, 10005
       (voice) 212.907.0700, (fax) 212.818.0477, info@labaton.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint For Violation Of Federal Securities Laws
    Type: Complaint Date on the document: 09/15/2008
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 01/15/2009

    REFERENCE COMPLAINT
    Karen Dutton, et al. v. Harris Stratex Networks, Inc., et al.
     COURT: D. Delaware  DOCKET NUMBER: 08-CV-00755
     JUDGE NAME: Hon. Joseph J. Farnan, Jr.
     DATE FILED: 07/29/2009  SOURCE: 
     CLASS PERIOD START: 01/29/2007  CLASS PERIOD END: 07/30/2008
     TYPE OF COMPLAINT: Consolidated Complaint
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Kirby McInerney LLP (New York)
      825 Third Avenue, New York, NY, 10022
       (voice) 212.371.6600, (fax) 212.371.6600,
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  1

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 09/28/2009

     OTHER DOCUMENTS
    Class Action Complaint For Violations Of Federal Securities Laws
    Case Name and/or Number: Jack Kleinmann , et al. v. Harris Stratex Networks, Inc., et al.
    Type: Complaint Date on the document: 10/30/2008

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