Pursuant to the Order entered on May 20, 2002, U.S. District Judge Claudia Wilken dismissed the case with prejudice. According to the Order, the Plaintiff moved to remand this class action to State court (Docket No. 9). Defendants opposed the motion, and also moved to dismiss the case as preempted (Docket No. 4). Before the hearing on the motions, the merger between Hewlett Packard Company and Compaq Computer Corporation, which this suit sought to enjoin, became final. Defendants then filed a supplemental brief suggesting that the case is moot, and argued that the case is moot at the hearing on April 26, 2002, submitting additional authorities to the Court. The Court agreed to consider Defendants’ motion to dismiss for mootness, and ordered further briefing by the parties. Plaintiff then filed a statement of non-opposition to Defendants’ motion to dismiss for mootness. Accordingly, this matter is dismissed with prejudice.

The suit alleges that HP and certain officers and directors, violated Section 14(a) of the Securities Exchange Act of 1934, and the individual defendants violated their fiduciary duties of care, loyalty and candor to the detriment of HP's public shareholders. The suit seeks to prevent the transaction between HP and Compaq from closing until a corrective proxy statement has been issued, and until the individual defendants re-evaluate Compaq's worth as a merger/acquisition candidate, and to compensate shareholders for damages suffered as a result of the acts alleged, the law firm said. It did not provide details about the alleged SEC filing omissions.