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Case Status:    DISMISSED    
On or around 10/10/2001 (Other)

Filing Date: January 03, 1997

According to the latest docket posted, on September 14, 2000, the plaintiff filed the Notice of Appeal to the Eighth Circuit Court of Appeals from Judge Donovan W. Frank's final judgment and Memorandum Opinion and Order entered on August 17, 2000 and order of Judge Tunheim entered on May 22, 1998. The Certified Copy of Opinion from USCA dated October 09, 2001, affirms the decision of the District Court. The case is dismissed.

In the Memorandum, Opinion, and Order dated August 17, 2000, the motion by the defendants for summary judgment against the class plaintiffs is granted. Louisiana State Employees Retirement System's complaint is dismissed with prejudice. The motion by the defendants to strike the affidavits of I. Walton Bader and Henry F. Otto is granted in part and denied in part. The motion is granted as to the Bader affidavit, submitted in opposition to the summary judgment motion, and denied as to the Otto affidavit. The defendants' motion for sanctions against plaintiff Louisiana State Employees Retirement System is referred to Magistrate Judge Raymond Erickson.

The original complaint in the action charges Digi and certain of its officers with violations of the federal securities laws (Sections 10(b) and 20 of the Securities Exchange Act of 1934) by, among other things, misrepresenting and/or omitting material information concerning Digi's operations and reported financial results, including (i) Digi's failure to account for its investment in AetherWorks Corp. on the equity method, as required by generally accepted accounting principles, and (ii) Digi's failure to accrue adequate reserves for returns in the first three quarters of fiscal 1996, again as required by generally accepted accounting principles.

COMPANY INFORMATION:

Sector: Technology
Industry: Computer Hardware
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: DGII
Company Market: NASDAQ
Market Status: Public (Listed)

About the Company & Securities Data


"Company" information provides the industry and sector classification and headquarters state for the primary company-defendant in the litigation. In general, "Securities" information provides the ticker symbol, market, and market status for the underlying securities at issue in the litigation.

In most cases, the primary company-defendant actually issued the securities that are the subject of the litigation, and the securities information and company information relate to the same entity. In a small subset of cases, however, the primary company-defendant is not the issuer (for example, cases against third party brokers/dealers), and the securities information and company information do not relate to the same entity.
COURT: D. Minnesota
DOCKET #: 97-CV-00005
JUDGE: Hon. John R. Tunheim
DATE FILED: 01/03/1997
CLASS PERIOD START: 01/25/1996
CLASS PERIOD END: 12/23/1996
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Abbey Gardy & Squiteri LLP (San Francisco)
    595 Market Street, Suite 2500, Abbey Gardy & Squiteri LLP (San Francisco), CA 94105
    415.538.3725 ·
  2. Lockridge, Grindal, Nauen P.L.L.P.
    Suite 301, 660 Pennsylvania Avenue Southeast, Lockridge, Grindal, Nauen P.L.L.P., DC 20003-4335
    202.544.9840 202.544.9850 ·
No Document Title Filing Date
COURT: D. Minnesota
DOCKET #: 97-CV-00005
JUDGE: Hon. John R. Tunheim
DATE FILED: 05/12/1997
CLASS PERIOD START: 01/25/1996
CLASS PERIOD END: 12/23/1996
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Abbey Gardy & Squiteri LLP (San Francisco)
    595 Market Street, Suite 2500, Abbey Gardy & Squiteri LLP (San Francisco), CA 94105
    415.538.3725 ·
  2. Lockridge, Grindal, Nauen P.L.L.P.
    Suite 301, 660 Pennsylvania Avenue Southeast, Lockridge, Grindal, Nauen P.L.L.P., DC 20003-4335
    202.544.9840 202.544.9850 ·
  3. Wolf Popper, LLP
    845 Third Avenue, Wolf Popper, LLP, NY 10022-6689
    877.370.7703 212.486.2093 · IRRep@wolfpopper.com
No Document Title Filing Date