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.