Case Page

 

Case Status:    DISMISSED    
On or around 02/04/2003 (Other)

Filing Date: August 27, 2001

According to the docket 02-CV-5160, after the case was ordered dismissed, on July 15, 2002, the plaintiff filed a Notice of Appeal in the Ninth Circuit Court of Appeals. On September 9, 2002, the Court entered the Mandate from the Ninth Circuit dismissing the appeal. On October 10, 2002, the Court entered the Judgment and Order signed by U.S. District Judge Percy Anderson. The action was dismissed with prejudice and judgment entered in favor of the defendants and against the plaintiffs. The plaintiff again filed a Notice of Appeal, and then voluntarily dismissed the appeal on January 28, 2003.

The case was originally filed in the U.S. District Court for the Central District of California, Southern Division. On June 17, 2002, the Court entered the Order granting the defendant’s motion to dismiss the plaintiff’s amended class action complaint. On June 28, the Court issued a Notice for an intra-district transfer, and the case was reassigned to the Western Division, with new case number CV 02-5160PA(Ex) and assigned to U.S. District Judge Percy Anderson for all further proceedings.

The original complaint charges Apria Healthcare Group ("Apria'' or the "Company"), as well as Apria's Chief Executive Officer, with violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 arising from defendants' false and misleading statements regarding the extent of Apria's potential liability from certain billing practices. The complaint alleges that, during the class period, Apria's shares traded at prices that were artificially inflated by defendants' failure to disclose the potential costs of such liability. After Apria admitted the degree of its potential liability on July 16, 2001, Apria's stock price fell 16% in one day to close at $24.08 per share. The lawsuit seeks to recover losses suffered by individual and institutional investors who purchased shares of the Company during the class period, excluding defendants and their affiliates.

COMPANY INFORMATION:

Sector: Healthcare
Industry: Healthcare Facilities
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: AHG
Company Market: New York SE
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: C.D. California
DOCKET #: 01-CV-00813
JUDGE: Hon. Gary L. Taylor
DATE FILED: 08/27/2001
CLASS PERIOD START: 03/22/2001
CLASS PERIOD END: 07/16/2001
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Brodsky & Smith, LLC (former Pennysylvania)
    11 Bala Avenue, Suite 39, Brodsky & Smith, LLC (former Pennysylvania), PA 19004
    610.668.7987 610.660.0450 · esmith@Brodsky-Smith.com
  2. Kirby McInerney & Squire LLP
    830 Third Avenue 10th Floor, Kirby McInerney & Squire LLP, NY 10022
    212.317.2300 ·
  3. Leo W. Desmond
    2161 Palm Beach Lakes Boulevard, Suite 204, Leo W. Desmond, FL 33409
    561.712.8000 561.712.8000 · stocklaw@bellsouth.net
No Document Title Filing Date
COURT: C.D. California
DOCKET #: 02-CV-05160
JUDGE: Hon. Gary L. Taylor
DATE FILED: 03/11/2002
CLASS PERIOD START: 03/22/2001
CLASS PERIOD END: 07/16/2001
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Kirby McInerney & Squire LLP
    830 Third Avenue 10th Floor, Kirby McInerney & Squire LLP, NY 10022
    212.317.2300 ·
  2. Lionel Z. Glancy
    1801 Avenue of the Stars Suite 308, Lionel Z. Glancy, CA 90067
    310.201.9150 ·
No Document Title Filing Date