Nov 16, 2005 12:00:26
JUNIPER NETWORKS: NY Court Preliminarily OKs Lawsuit Settlement
NEW YORK (SunStream News) -- The United States District Court for the Southern District of
New York granted preliminary approval to the settlement of the
consolidated securities class action filed against Juniper
Networks, Inc., certain of its officers and:
(1) Goldman Sachs Group, Inc.,
(2) Credit Suisse First Boston Corporation,
(3) FleetBoston Robertson Stephens, Inc.,
(4) Royal Bank of Canada (Dain Rauscher Wessels),
(5) SG Cowen Securities Corporation,
(6) UBS Warburg LLC (Warburg Dillon Read LLC),
(7) Chase (Hambrecht & Quist LLC),
(8) J.P. Morgan Chase & Co.,
(9) Lehman Brothers, Inc.,
(10) Salomon Smith Barney, Inc.,
(11) Merrill Lynch, Pierce, Fenner & Smith, Incorporated
This action was brought on behalf of purchasers of the Company's
common stock in the Company's initial public offering in June
1999 and its secondary offering in September 1999.
Specifically, among other things, this complaint alleged that
the prospectus pursuant to which shares of common stock were
sold in the Company's initial public offering and its subsequent
secondary offering contained certain false and misleading
statements or omissions regarding the practices of the
Underwriters with respect to their allocation of shares of
common stock in these offerings and their receipt of commissions
from customers related to such allocations.
Various plaintiffs have filed actions asserting similar
allegations concerning the initial public offerings of
approximately 300 other issuers. These various cases pending in
the Southern District of New York have been coordinated for
pretrial proceedings as "In re Initial Public Offering
Securities Litigation, 21 MC 92."
In April 2002, plaintiffs filed a consolidated amended complaint
in the action against the Company, alleging violations of the
Securities Act of 1933 and the Securities Exchange Act of 1934.
Defendants in the coordinated proceeding filed motions to
dismiss. In October 2002, the Company's officers were dismissed
from the case without prejudice pursuant to a stipulation. On
February 19, 2003, the court granted in part and denied in part
the motion to dismiss, but declined to dismiss the claims
against the Company.
In June 2004, a stipulation for the settlement and release of
claims against the issuers, including the Company, was submitted
to the Court for approval. The terms of the settlement, if
approved, would dismiss and release all claims against
participating defendants (including the Company). In exchange
for this dismissal, Directors and Officers insurance carriers
would agree to guarantee a recovery by the plaintiffs from the
underwriter defendants of at least $1 billion, and the issuer
defendants would agree to an assignment or surrender to the
plaintiffs of certain claims the issuer defendants may have
against the underwriters. On August 31, 2005, the Court granted
preliminary approval of the settlement.
The suit is styled "In Juniper Networks, Inc. Securities
Litigation," related to "In re Initial Public Offering
Securities Litigation, Master File No. 21 MC 92 (SAS)," filed in
the United States District Court for the Southern District of
New York under Judge Shira A. Scheindlin. The plaintiff firms
in this litigation are:
(1) Bernstein Liebhard & Lifshitz LLP (New York, NY), 10 E.
40th Street, 22nd Floor, New York, NY, 10016, Phone:
800.217.1522, E-mail: info@bernlieb.com
(2) Milberg Weiss Bershad Hynes & Lerach, LLP (New York,
NY), One Pennsylvania Plaza, New York, NY, 10119-1065,
Phone: 212.594.5300,
(3) Schiffrin & Barroway, LLP, 3 Bala Plaza E, Bala Cynwyd,
PA, 19004, Phone: 610.667.7706, Fax: 610.667.7056, E-
mail: info@sbclasslaw.com
(4) Sirota & Sirota, LLP, 110 Wall Street 21st Floor, New
York, NY, 10005, Phone: 888.759.2990, Fax:
212.425.9093, E-mail: Info@SirotaLaw.com
(5) Stull, Stull & Brody (New York), 6 East 45th Street,
New York, NY, 10017, Phone: 310.209.2468, Fax:
310.209.2087, E-mail: SSBNY@aol.com
(6) Wolf, Haldenstein, Adler, Freeman & Herz LLP, 270
Madison Avenue, New York, NY, 10016, Phone:
212.545.4600, Fax: 212.686.0114, E-mail:
newyork@whafh.com
ss/car
Source: Class Action Reporter
Publication Date: 2005-11-16