aaiPharma, Inc. Class Action: Settled and/or Concluded Case

• Notice Of Class Action Settlement, Settlement Fairness Hearing, And Motion For Attorneys' Fees And Reimbursement Of Attorneys' Expenses (77 KB)
  UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA IN RE AAIPHARMA INC. SECURITIES LITIGATION This Document Relates To: WILLIAM R. MARTIN, On behalf of Himself and All Others Similarly Situated, v. AAIPHARMA INC. et al. MASTER FILE NO: 7:04-CV-27-D NOTICE OF CLASS ACTION SETTLEMENT, SETTLEMENT FAIRNESS HEARING, AND MOTION FOR ATTORNEYS’ FEES AND REIMBURSEMENT OF ATTORNEYS’ EXPENSES TO THE FOLLOWING “SETTLEMENT CLASS”: ALL PERSONS WHO WERE PARTICIPANTS OR BENEFICIARIES IN THE AAIPHARMA INC. RETIREMENT AND SAVINGS PLAN (THE “PLAN”) DURING THE PERIOD FROM APRIL 24, 2002 TO JUNE 15, 2004 (THE “CLASS PERIOD”). PLEASE READ THIS NOTICE CAREFULLY. A FEDERAL COURT AUTHORIZED THIS NOTICE. THIS IS NOT A SOLICITATION. Key Facts ¦ The Court has preliminarily approved a proposed settlement (the “Settlement”) of a class action lawsuit (the “Action”) brought under the Employee Retirement Income Security Act (“ERISA”). The Settlement is with the defendant^Pharma Inc. (“aaiPharma”), and
  
  
• Judgment In A Civil Case (32 KB)
  Case 7:04-cv-00027-D Document 182 Filed 11/09/2007 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION IN RE AAIPHARMA INC. SECURITIES LITIGATION JUDGMENT IN A CIVIL CASE CONSOLIDATED CIVIL ACTION CASE NO. 7:04-CV-27-D X Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered. IT IS ORDERED, ADJUDGED AND DECREED that defendant Ernst & Young, LLP's renewed motion to dismiss the amended consolidated complaint under Federal Rule of Civil Procedure 12(b)(6), as applied through 15 U.S.C. §78u-4(b)(3), is GRANTED. SO ORDERED: James C. Dever, III, United States District Judge This Judgment filed and entered on November 9, 2007, and copies served electronically on counsel.. November 9, 2007 DENNIS P. IAVARONE. Clerk of Court /s/ Julie Richards Hurley (By) Deputy Clerk
  
  
• Order (0.56 MB)
  Case 7:04-cv-00027-D Document 181 Filed 11/06/2007 Page 1 of 12 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION IN RE AAIPHARMA INC. ) Consolidated Civil Action No. SECURITIES LITIGATION ) 7:04-CV-27-D ) ORDER This Document Relates To: ) ERNST & YOUNG, LLP, ) Defendant. ) Ernst & Young, LLP's ("E&Y" or "defendant") filed a renewed motion to dismiss the amended consolidated complaint under Federal Rule of Civil Procedure 12(b)(6), as applied through 15 U.S.C. § 78u-4(b)(3). For the reasons explained below, E&Y's motion is granted. I. Plaintiffs filed this class action on February 12, 2004. Plaintiffs alleged various violations of the securities laws of the United States by aaiPharma, Inc. ("aaiPharma"), and several of its principals. See Compl. ff 7-10. On F
  
  
• Order (467 KB)
  Case 7:04-cv-00027-D Document 179 Filed 10/02/2007 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION In re AAIPHARMA INC. SECURITIES LITIGATION, This Document Relates To: ALL ACTIONS. Consolidated Civil Action No. 7:04-CV-27-D ORDER FILED IN OPEN COURT ON __dc^»4^A- °?. °*Q
  
  
• Order (93 KB)
  Case 7:04-cv-00027-D Document 155 Filed 03/14/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION In re AAIPHARMA, INC. SECURITIES LITIGATION, This Document Relates To: ALL ACTIONS. Consolidated Civil Action No. 7:04-CV-27-D(l) ORDER On December 9,2005, defendant David M. Hurley moved to dismiss plaintiff s consolidated complaint. [D.E. 91] On that same date, defendants Frederick D. Sancilio, William L. Ginna, Jr., and Phillip S. Tabiner, moved to dismiss plaintiffs consolidated complaint. [D.E. 96] Likewise, on that same date, defendant Ernst & Young filed a motion to dismiss the consolidated complaint. [D.E. 89] In order to permit settlement negotiations, the court granted numerous extensions of time to plaintiff to respond to these motions. By order of January 23, 2007, the court scheduled a status conference for March 16,2007. [D.E. 137] On March 8, 2007, defendants Frederick D. Sancilio, William L. Ginna, Jr., Phillip S.
  
  
• Stipulation Of Partial Settlement (3.96 MB)
  Case 7:04-cv-00027-D Document 151 Filed 03/08/2007 Page 1 of 28 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION In re AADPHARMA INC. SECURITIES LITIGATION This Document Relates To: ALL ACTIONS. Consolidated Civil Action No. 7:04-CV-27-D CLASS ACTION STIPULATION OF PARTIAL SETTLEMENT Case 7:04-cv-00027-D Document 151 Filed 03/08/2007 Page 2 of 28 This Stipulation of Partial Settlement dated as of February 23,2007 (the "Stipulation"), is made and entered into by and among the following Settling Parties (as defined further in Section IV hereof) to the above-entitled Litigation: (i) the Lead Plaintiff (on behalf of itself and each of the Class Members), by and through their respective counsel of record in the Litigation; and (ii) Frederick D. Sancilio, William L. Ginna, Jr., Philip S. Tabbiner (the "D&O Group"), and David M. Hurley ("Hurley"), by and through their counsel of record in the Litigation. The D&O Group and Hurley are collectively re
  
  
• Notice Of Pendency And Proposed Partial Settlement Of Class Action (71 KB)
  In re AAIPHARMA INC. SECURITIES LITIGATION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION Consolidated Civil Action No. This Document Relates To: ALL ACTIONS. 7:04-CV-27-D CLASS ACTION NOTICE OF PENDENCY AND PROPOSED PARTIAL SETTLEMENT OF CLASS ACTION TO: ALL PERSONS WHO PURCHASED OR OTHERWISE ACQUIRED AAIPHARMA, INC.’S (“AAIPHARMA” OR THE “COMPANY”) COMMON STOCK, 11% SENIOR SUBORDINATED NOTES DUE 2010 (“11% NOTES”) AND/OR AAIPHARMA PUT OR CALL OPTIONS DURING THE PERIOD BETWEEN APRIL 24, 2002 THROUGH AND INCLUDING JUNE 15, 2004, INCLUSIVE (“CLASS PERIOD”) PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS LITIGATION. PLEASE NOTE THAT IF YOU ARE A CLASS MEMBER, YOU MAY BE ENTITLED TO SHARE IN THE PROCEEDS OF THE SETTLEMENT DESCRIBED IN THIS NOTICE. TO CLAIM YOUR SHARE OF THIS FUND, YOU MUST SUBMIT A VALID PROOF OF CLAIM POSTMARKED ON OR BEFORE OCTOBER 16, 2007. This Notice has been sent to you pursuant to Rule 2
  
  
• Proof Of Claim And Release (349 KB)
  UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION In re AAIPHARMA INC. SECURITIES ) Consolidated Civil Action No. LITIGATION ) 7:04-CV-27-D ) ) CLASS ACTION This Document Relates To: ) ) ALL ACTIONS. ) PROOF OF CLAIM AND RELEASE I. GENERAL INSTRUCTIONS 1. To recover as a member of the Class based on your claims in the consolidated action entitled In re aaiPharma Inc. Securities Litigation, Consolidated Civil Action No. 7:04-CV-27-D (the “Litigation”), you must complete and, on page 8 hereof, sign this Proof of Claim and Release. If you fail to file a properly addressed (as set forth in paragraph 3 below) Proof of Claim and Release, your claim may be rejected and you may be precluded from any recovery from the Settlement Fund created in connection with the proposed settlement of the Litigation. 2. Submission of this Proof of Claim an
  
  
• (Proposed) Order Preliminarily Approving Partial Settlement And Providing For Notice (51 KB)
  UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION In re AAIPHARMA INC. SECURITIES LITIGATION This Document Relates To: ALL ACTIONS. Consolidated Civil Action No. 7:04-CV-27-D CLASS ACTION [PROPOSED] ORDER PRELIMINARILY APPROVING PARTIAL SETTLEMENT AND PROVIDING FOR NOTICE EXHIBIT A WHEREAS, a consolidated securities class action is pending before the Court entitled In re aaiPharma Inc. Securities Litigation, Consolidated Civil Action No. 7:04-CV-27-D; WHEREAS, the Court has received the Stipulation of Partial Settlement dated as of February 23, 2007 (the “Stipulation”), that has been entered into by Lead Plaintiff and the Settling Defendants, and the Court has reviewed the Stipulation and its attached Exhibits; and WHEREAS, the parties having made application, pursuant to Federal Rule of Civil Procedure 23(e), for an order preliminarily approving the settlement of the Litigation, in accordance with the Stipulation which, together with the Exhibits annexed thereto se
  
  
• Order (333 KB)
  IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION In re AAIPHARMA, INC. SECURITIES ) Consolidated Civil Action No. LITIGATION, ) 7:04-CV-27-D(l) ) ORDER This Document Relates To: ) ALL ACTIONS. ) WHEREAS, a consolidated securities class action is pending before the Court entitled In re aaiPharma Inc. Securities Litigation, Consolidated Civil Action No. 7:04-CV-27-D; WHEREAS, the Court has received the Stipulation of Partial Settlement dated as of February 23, 2007 (the "Stipulation"), that has been entered into by Lead Plaintiff and the Settling Defendants, and the Court has reviewed the Stipulation and its attached Exhibits; and WHEREAS, the parties having made application, pursuant to Federal Rule of Civil Procedure 23(e), for an order preliminarily approving the settlement of the Litigation, in accordance with the Sti