According to the latest docket posted, on September 19, 2002, the Court entered the Order signed by U.S. District Judge James S. Moody Jr. adopting, confirming and approving the Magistrate Judge's report and recommendations to grant the defendants’ motion to dismiss with prejudice the second amended consolidated class action complaint. Final Judgment was entered on December 9, 2002.
Previously, on March 2, 1999, the defendants filed a motion to dismiss the class action complaint. On March 31, 2000, the Court entered the Order appointing lead plaintiffs and approving selection of co-lead counsel. On May 26, 2000, the plaintiffs filed an Amended Consolidated Complaint, and on August 23, 2000, the defendants filed motions to dismiss the amended complaint. On September 1, 2000, the Court entered the Order denying as moot the defendants’ previous motion to dismiss the class action complaint. On September 19, 2000, the Court entered the Order granting the motion to consolidated case file 99-296-CIV-T-27B, and for the consolidated cases to proceed under lead case number 8:98-cv-2424-T-27B. On April 19, 2001, Magistrate Judge Thomas G. Wilson issued the Report and Recommendation granting the defendants’ motions to dismiss the amended complaint. The recommendation was later adopted, confirmed and approved in the Order signed by U.S. District James S. Moody Jr. on May 16, 2001. That same day, the plaintiffs filed a Second Amended Consolidated Class Action Complaint. On June 18, 2001, the defendants responded by filing a motion to dismiss the second amended consolidated class action complaint. On August 9, 2002, Magistrate Judge Thomas G. Wilson again recommended that the defendants’ motion to dismiss the amended consolidated class action complaint be granted.
The original Complaint charges PharMerica and certain of its officers and directors with violations of the federal securities laws. Among other things, plaintiff claims that defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 by making false and misleading statements concerning the company's acquisition strategy in press releases and SEC filings.