According to the Company’s FORM 10-K For The Fiscal Year Ended June 30, 2002, the Court granted the Company’s motion to dismiss the Second Complaint, with prejudice, on July 16, 2002. Pursuant to the Court's dismissal order, all defendants were dismissed and a judgment was entered in favor of the defendants. The plaintiffs did not appeal the Court's decision, so the Court's dismissal order is final and non-appealable, and the plaintiffs can neither further amend their complaint nor submit a new complaint in connection with the above-referenced restatements.
As summarized by the same SEC filing, during fiscal 2001, five complaints in putative class action lawsuits were consolidated into a single class action styled In re DT Industries, Inc. Securities Litigation and an amended complaint was filed (the "Securities Action") adding the Company’s Sencorp subsidiary and certain additional officers and directors as defendants. As of the end of fiscal 2002, the Securities Action was pending in the United States District Court for the Western District of Missouri (the "Court"). The Consolidated Amended Complaint asserted causes of action under Section 10(b), and Rule 10b-5 promulgated thereunder, and Section 20(a) of the Securities Exchange Act of 1934, and alleged, among other things, that the accounting adjustments caused the Company’s previously issued financial statements to be materially false and misleading. The Consolidated Amended Complaint also sought damages in an unspecified amount and was purported to be brought on behalf of purchasers of the Company’s common stock during various periods, all of which fall between September 29, 1997 and August 23, 2000. On October 4, 2001, the Court granted the Company’s motion to dismiss the Securities Action, without prejudice. Pursuant to the Court's dismissal order, all defendants were dismissed, but the plaintiffs were granted the right to amend their complaint. The plaintiffs filed their Second Amended Consolidated Class Action Complaint on January 25, 2002 (the "Second Complaint"), thereby reviving the Securities Action. On March 11, 2002, DTI and the other defendants filed a motion to dismiss the Second Complaint.
The original action seeks damages for violations of the federal securities laws on behalf of all investors who purchased DTI common stock between September 29, 1997 and August 23, 2000 (the “Class Period”). The complaint alleges DTI and certain of its current and former officers with violations of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. On August 23, 2000, DTI disclosed that its independent auditors had requested additional time in order to continue its investigation into overstatements of certain asset accounts at DTI’s wholly-owned subsidiary Kalish, Inc. The Company further advised that “the discrepancies are likely to be material and could impact previously reported earnings for the 1997, 1998 and 1999 fiscal years, and for the fiscal quarters during those years and during fiscal year 2000.” In addition, the Company stated that it had placed the senior financial officer of Kalish on administrative leave and had accepted the resignation of the Senior Vice President of Finance and Administration of DTI. As a result of these revelations, NASDAQ halted trading in DTI stock.