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Case Status:    SETTLED
On or around 01/04/2010 (Date of order of distribution of settlement)

Filing Date: May 19, 2004

A press release dated August 18, 2008 announced that Allos Therapeutics Inc. has reached a $2 million settlement in a securities class action lawsuit filed in Colorado against the company and one of its former officers. In October 2006, the parties held talks to settle the matter, and on Feb. 6, 2008, they signed a stipulation of settlement, resolving the case for $2,000,000. The Court of Appeals accordingly has remanded the case to the District Court for consideration of the settlement. The settlement is subject to various conditions, including without limitation, approval of the District Court.

According to the latest docket posted, on November 17, 2005, the plaintiff filed a notice of appeal from the October 20, 2005 Memorandum and Opinion dismissing the complaint. The appeal is currently pending in the Tenth Circuit U.S. Court of Appeals.

In a press release dated October 21, 2005, Allos Therapeutics, Inc. announced that the only remaining securities class action lawsuit that had been brought against the company and one of its officers in May 2004 has been dismissed with prejudice. In an opinion dated October 20, 2005, the United States District Court for the District of Colorado concluded that the plaintiff's complaint failed to meet the legal pleading requirements applicable to its alleged claims. The plaintiff has 30 days to determine whether it will appeal the decision to the U.S. Court of Appeals for the Tenth Circuit.

According to the docket for the class action complaint filed on May 19, 2004, Civil Action 04-CV-01026, the U.S. District Court Judge Richard P. Matsch denied the defendants’ motion to consolidate related securities actions. By the Order, dated August 5, 2004, the case was dismissed without prejudice. The case continued in Civil Action 04-CV-01030.

Several purported class action complaints have been filed alleging that Defendants violated Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. Specifically the complaint alleges that Allos misled the investing public by issuing a series of materially false and misleading statements highlighting the purported efficacy of the Company's radiation sensitizer RSR13 ("Efaproxiral") for the treatment of brain metastases in patients with breast cancer, as well as the likelihood that this drug would receive approval from the U.S. Food and Drug Administration ("FDA"). On April 30, 2004 and May 3, 2004, it was announced by the Oncologic Drugs Advisory Committee ("ODAC") of the FDA, that it concluded by a 16-1 vote, to recommend that the FDA not approve Efaproxiral. In recommending rejection of Efaproxiral, the ODAC found that "the evidence of drug efficacy needs to be much stronger to be convincing." As a result of this announcement, the price of Allos shares fell $2.09, or 45% to close at $2.55 on extraordinary volume.

COMPANY INFORMATION:

Sector: Healthcare
Industry: Biotechnology & Drugs
Headquarters: United States

SECURITIES INFORMATION:

Ticker Symbol: ALTH
Company Market: NASDAQ
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: D. Colorado
DOCKET #: 04-CV-01026
JUDGE: Hon. Richard P Matsch
DATE FILED: 05/19/2004
CLASS PERIOD START: 05/29/2003
CLASS PERIOD END: 05/03/2004
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Bader, Villanueva & Feder, P.C.
    1660 Wynkoop Street, Suite 1100, Bader, Villanueva & Feder, P.C., CO 80202
    303.534.1700 ·
  2. Brian Felgoise
    230 South Broad Street, Suite 404 , Brian Felgoise, PA 19102
    215.735.6810 215/735.5185. ·
  3. 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
  4. Dyer & Shuman, LLP
    801 East 17th Avenue, Dyer & Shuman, LLP, CO 80218-1417
    303.861.3003 800.711.6483 · info@dyershuman.com
  5. Geller Rudman, PLLC.
    197 South Federal Highway, Suite 200, Geller Rudman, PLLC., FL 33432
    561.750.3000 888.262.3131 · info@geller-rudman.com
  6. Goodkind Labaton Rudoff & Sucharow LLP
    100 Park Avenue, Goodkind Labaton Rudoff & Sucharow LLP, NY 10017
    212.907.0700 212.818.0477 · info@glrslaw.com
  7. Law Offices of Bruce G. Murphy
    265 Llwyds Lane, Law Offices of Bruce G. Murphy, FL 32963
    561.231.4202 ·
  8. Law Offices of Charles J. Piven, P.A.
    World Trade Center-Baltimore,401 East Pratt Suite 2525, Law Offices of Charles J. Piven, P.A., MD 21202
    410.332.0030 · pivenlaw@erols.com
  9. Lerach Coughlin Stoia Geller Rudman & Robbins LLP (San Diego)
    401 B Street, Suite 1700, Lerach Coughlin Stoia Geller Rudman & Robbins LLP (San Diego), CA 92101
    206.749.5544 206.749.9978 · info@lerachlaw.com
  10. Milberg Weiss Bershad & Schulman LLP (New York)
    One Pennsylvania Plaza, 49th Floor, Milberg Weiss Bershad & Schulman LLP (New York), NY 10119
    212.594.5300 212.868.1229 · info@milbergweiss.com
  11. Murray, Frank & Sailer LLP
    275 Madison Ave 34th Flr, Murray, Frank & Sailer LLP, NY 10016
    212.682.1818 212.682.1892 · email@murrayfrank.com
  12. Weinstein, Kitchenoff, Scarlato & Goldman
    1608 Walnut Street, Suite 1400, Weinstein, Kitchenoff, Scarlato & Goldman, PA 19103
    215.545.7200 215.545.6535 · info@wksg.com
  13. Wolf Haldenstein Adler Freeman & Herz LLP (New York)
    270 Madison Avenue, Wolf Haldenstein Adler Freeman & Herz LLP (New York), NY 10016
    212.545.4600 212.686.0114 · newyork@whafh.com
No Document Title Filing Date
COURT: D. Colorado
DOCKET #: 04-CV-01030
JUDGE: Hon. Richard P Matsch
DATE FILED: 08/25/2004
CLASS PERIOD START: 05/29/2003
CLASS PERIOD END: 05/03/2004
PLAINTIFF FIRMS NAMED IN COMPLAINT:
  1. Dyer & Shuman, LLP
    801 East 17th Avenue, Dyer & Shuman, LLP, CO 80218-1417
    303.861.3003 800.711.6483 · info@dyershuman.com
No Document Title Filing Date
No Document Title Filing Date