Medivation, Inc. is an American biopharmaceutical company focusing on treatments for cancer.
The Complaint alleges that during the Class Period, Defendants made false and misleading statements regarding the Company’s drug Dimebon. Specifically, throughout the Class Period, Defendants violated the federal securities laws by disseminating false and misleading statements to the investing public about the effectiveness of Dimebon as a treatment for Alzheimer’s disease, making it impossible for shareholders to gain a meaningful or realistic understanding of the drug’s progress toward FDA approval and market success. Then, on March 3, 2010, before the market opened, Defendants were forced to publicly disclose that Dimebon did not meet primary and secondary goals in a Phase 3 trial for patients with mild to moderate Alzheimer’s disease. As a result of this news, Medivation’s stock plummeted $27.15 per share to close at $13.10 per share on March 3, 2010 – a one-day decline of 67% on volume of 45 million shares.
According to the Company's Form 10-K for the fiscal year ended December 31, 2010, on March 9, 2010, the first of three purported securities class action lawsuits was commenced in the U.S. District Court for the Northern District of California, naming as Defendants the Company and certain of its officers. The lawsuits are largely identical and allege violations of the Securities Exchanges Act of 1934 in connection with allegedly false and misleading statements made by Defendents related to Dimebon, as described above. The Plaintiffs purport to seek damages, an award of its costs and injunctive relief on behalf of a class of stockholders who purchased or otherwise acquired Medivation common stock between July 17, 2008 and March 2, 2010. On September 17, 2010, the Court entered an order consolidating the actions and setting a discovery and briefing schedule for issues related to appointment of a lead Plaintiff. At the end of December 2010, Plaintiffs submitted a briefing on the issues related to appointment of a lead Plaintiff. Following the Court’s consideration of this briefing, an order appointing a lead Plaintiff was entered.
According to a Memorandum and Order entered on April 8, 2011, in accordance with the court's earlier order finding Catoosa to be the presumptive lead Plaintiff and the court's March 22 order, the court appointed Catoosa Fund, LP as lead Plaintiff and Bernstein Liebhard LLP as lead Counsel in these consolidated actions. Lead Plaintiff was instructd to file a consolidated amended Complaint within 30 days of the filing of this order.
On May 9, 2011, the Plaintiff filed a Consolidated and Amended Complaint, expanding the class period. The Defendants filed a motion to dismiss on June 8, 2011.
On August 18, 2011, the Court issued an Order granting the Defendant's Motion to Dismiss with leave to amend.
On March 22, 2012, the Court issued an Order granting the Defendants' Motion to Dismiss Plaintiffs' Third Amended Complaint, and dismissed this case with prejudice.