According to the docket, on September 9, 2002, the Court entered the Notice and Order of Voluntary Dismissal signed by U.S. District Judge Martin J. Jenkins. The case is dismissed without prejudice and without costs to any party.
This class action is pursuant to rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure, on behalf of plaintiff and all other purchasers of Cygnus stock during the Class Period. On July 16, 2002, the Company received Staff Determination from the Nasdaq national market system that Cygnus' stock was subject to delisting for failing to maintain a minimum bid price of $3.00 for 30 consecutive days. The Company did not disclose the Nasdaq delisting notification until August 6, 2002, yet during the Class Period, defendants issued press releases containing other material information about the Company and its performance. None of the Company's announcements during the Class Period contained any indication concerning the delisting notice.