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Case Status:    DISMISSED    
On or around 11/07/2018 (Notice of voluntarily dismissal)

Filing Date: October 29, 2018

According to the Complaint, Birner Dental Management Services, Inc. ("Birner" or the Company) is a dental service organization devoted to servicing geographically dense dental practice networks in select markets, including Colorado, New Mexico and Arizona. The Company provides a solution to the needs of dentists, patients and third-party payors by allowing the Company’s affiliated dentists to provide high-quality, efficient dental care in patient-friendly, family practice settings.

On October 3, 2018, Birner and Mid-Atlantic Dental issued a press release announcing that they had entered into a definitive agreement where Birner will be acquired by Mid-Atlantic Dental.

The Complaint alleges that on October 25, 2018, in soliciting shareholder approval for the Proposed Transaction, the Company filed the Proxy, which purports to contain a summary and overview of the Proposed Transaction, but omits certain critical information, rendering portions of the Proxy materially incomplete and/or misleading. As a result, Birner shareholders lack material information necessary to allow them to make an informed decision concerning whether to vote in favor of the Merger.

This case was voluntarily dismissed on November 7, 2018.


Sector: Services
Industry: Business Services
Headquarters: United States


Ticker Symbol: BDMS
Company Market: OTC-BB
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 #: 18-CV-02757
JUDGE: Hon. Philip A. Brimmer
DATE FILED: 10/29/2018
CLASS PERIOD END: 10/29/2018
  1. Berens Law LLC
  2. Wolf Popper, LLP
No Document Title Filing Date
—Reference Complaint Complaint Related Data is not available
—Related District Court Filings Data is not available