Technical Olympic USA, Inc.: Filed Case

• Opinion And Order (1.28 MB)
  Case 0:06-cv-61844-KAM Document 211 Entered on FLSD Docket 09/21/2009 Page 1 of 27 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 06-61844-CIV-MARRA GEORGE DURGIN, individually and on behalf of all others similarly situated, Plaintiffs, v. ANTONIO P. MON et al., Defendants. OPINION AND ORDER This cause is before the Court upon Defendant David J. Keller's Motion to Dismiss Plaintiffs Consolidated Amended Class Acton Complaint (DE 176); Defendant Randy L. Kotler's Motion to Dismiss the Consolidated Amended Class Action Complaint (DE 177); Defendant Antonio B. Mon's Motion to Dismiss Plaintiffs Amended Class Action Complaint (DE 179) and Defendant Tommy L. McAden's Motion to Dismiss Plaintiffs Consolidated Amended Class Action Complaint (DE 190). The motions are fully briefed and ripe for review. The Court held oral argument on the motions. The Court has carefully considered the motions and the arguments of counsel and is otherwise fully advised in the premises. I. Backgroun
  
  
• Opinion And Order (206 KB)
  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 06-61844-CIV-MARRA GEORGE DURGIN, individually and on behalf of all others similarly situated, Plaintiffs, v. TOUSA, INC. et al., Defendants. OPINION AND ORDER1 This cause is before the Court upon Plaintiff Central Laborers' Pension Fund's ("Central Laborers") Renewed Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel (DE 136 and 145) and Renewed Motion of Bricklayers & Trowel Trades International Pension Fund ("Bricklayers") for Appointment as Lead Plaintiff and Approval of its Choice of Lead Counsel (DE 148). The Court has carefully considered the motions and is otherwise fully advised in the premises. On May 22, 2008, the Court permitted Diamondback Capital Management, LLC to withdraw as lead plaintiff and re-opened the lead plaintiff process to those plaintiffs who previously moved to be appointed lead plaintiff. (DE 144.) Two Plaintiffs, Central Laborers and Bricklayers, have moved for considera
  
  
• Order (66 KB)
  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 06-61844-CIV-MARRA GEORGE DURGIN, individually and on behalf of all others similarly situated, Plaintiffs, v. TOUSA, INC. et al., Defendants. ORDER This cause is before the Court upon Diamondback Capital Management, LLC's ("Diamondback") Motion to Withdraw as Lead Plaintiff, for Extension of Time for Plaintiff Class to Respond to the Defendants' Motions to Dismiss and to Establish Procedure for Appointment of a New Lead Plaintiff [DE 123], filed April 30, 2008. The Court held a hearing on the motion on May 21, 2008. For the reasons stated in the record, the Court hereby grants Diamondback Motion to Withdraw as Lead Plaintiff, for Extension of Time for Plaintiff Class to Respond to the Defendants' Motions to Dismiss and to Establish Procedure for Appointment of a New Lead Plaintiff [DE 123]. Diamondback is no longer lead plaintiff in this action. In appointing a new lead plaintiff, the Court will only consider those plaintiffs who pre
  
  
• Order (80 KB)
  Case 0:06-cv-61844-KAM Document 58 Entered on FLSD Docket 03/30/2007 Page 1 of 3D UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA GEORGE DURGIN, individually and on behalf Case No.: 06-61844-CIV-MARRA of all others similarly situated, Plaintiff, v. TECHNICAL OLYMPIC USA, INC., ANTONIO P. MON, DAVID J. KELLER and RANDY L. KOTLER, Defendants. RONALD HENLEY, individually and on behalf Case No. 06-61928-CIV-MARRA of all others similarly situated, Plaintiff, v. TECHNICAL OLYMPIC USA, INC., DAVID J. KELLER, RANDY L. KOTLER, and ANTONIO P. MON, Defendants. AGNES JUTKOWITZ, individually and on behalf Case No. 06-6193 8-CIV-MARRA of all others similarly situated, Plaintiff, v. TECHNICAL OLYMPIC USA, INC., ANTONIO P. MON, DAVID J. KELLER and RANDY L. KOTLER, Defendants. Case 0:06-cv-61844-KAM Document 58 Entered on FLSD Docket 03/30/2007 Page 2 of 3D COI BUI, individually and on behalf of all
  
  
• Consolidated Amended Class Action Complaint For Violations Of Federal Securities Laws (5.63 MB)
  Case 0:06-cv-61844-KAM Document 174 Entered on FLSD Docket 09/19/2008 Page 1 of 93 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA GEORGE DURGIN, Individually And On Behalf Of All Others Similarly Situated, Plaintiff, v. ANTONIO P. MON, DAVID J. KELLER, RANDY L. KOTLER, and TOMMY L. McADEN, Defendants. Case No.: 06-61844-CIV-Marra CONSOLIDATED AMENDED CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS Lead Plaintiff, Bricklayers & Trowel Trades International Pension Fund (“Bricklayers” or “Plaintiff”), through its attorneys, brings this action, pursuant to the Securities Exchange Act of 1934 (the “Exchange Act”), on behalf of itself and all others similarly situated, on personal knowledge as to itself and its own acts, and on information and belief as to all other matters based on the investigation conducted by counsel, which included, among other things, review of United States Securities and Exchange Commission (“SEC”) filings by Technical Olympic USA, Inc. (“TO
  
  
• Consolidated Class Action Complaint (3.31 MB)
  Case 0:06-cv-61844-KAM Document 85-1 Entered on FLSD Docket 11/02/2007 Page 1 of 79D UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA GEORGE DURGIN, individually and on behalf of all others similarly situated, Plaintiff, TECHNICAL OLYMPIC USA, INC., ANTONIO P. MON, DAVID J. KELLER, RANDY L. KOTLER, KONSTANTINOS STENGOS, ANDREAS STENGOS, TOMMY L. MCADEN, BEATRIZ L. KOLTIS, LARRY HORNER, WILLIAM HASLER, MICHAEL POULOS, SUSAN B. PARKS, J. LONNIE M. FEDRICK, MARIANNA STENGOU, GEORGE STENGOS, BRYAN WHITWORTH, TECHNICAL OLYMPIC SA, UBS SECURITIES LLC, CITIGROUP GLOBAL MARKETS INC., DEUTSCHE BANK SECURITIES, INC. and JMP SECURITIES LLC, Defendants. Case No.: 06-61844-CIV-Marra CONSOLIDATED CLASS ACTION COMPLAINT Plaintiff alleges as follows based upon the investigation conducted by its counsel, which included reviewing and analyzing the filings by Technical Olympic USA Inc. ("TOUSA or the "Company ) with the United States Securities and Exchange Commission (the "SEC ), news articles and
  
  
• Opinion And Order (466 KB)
  Case 0:06-cv-61844-KAM Document 67 Entered on FLSD Docket 09/07/2007 Page 1 of 10n UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No.: 06-61844-CIV-MARRA GEORGE DURGIN, individually and on behalf of all others similarly situated, Plaintiffs, v. TOUSA, INC., ANTONIO P. MON, DAVID J. KELLER and RANDY L. KOTLER, Defendants. OPINION AND ORDER This cause is before the Court upon Plaintiff Agnes Jutkowitz's ("Jutkowitz") Motion for Appointment of Lead Plaintiff and Approval of Lead Counsel [DE 10]; Plaintiff Communications Workers of America's ("Communications Workers") Motion for Appointment as Lead Plaintiff and for Approval of its Selection of Lead Counsel [DE 13]; Plaintiff Central Laborers' Pension Fund's ("Central Laborers") Motion for Appointment as Lead Plaintiff and for Approval of Selection of Lead Counsel [DE 15]; Plaintiff Diamondback Capital Management, L.L.C.'s ("Diamondback") Motion for Appointment as Lead Plaintiff and Approval of its Selection of Lead and Liai
  
  
• Motion For Appointment Of Diamondback Capital Management, L.L.C. As Lead Plaintiff And Approval Of Its Selection Of Lead And Liaison Counsel And Incorporated Memorandum Of Law (0.53 MB)
  Case 0:06-cv-61844-KAM Document 18-1 Entered on FLSD Docket 02/12/2007 Page 1 of 12D UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA GEORGE DURGIN, individually and on behalf Case No.: 06-61844-CIV-Marra of all others similarly situated, Plaintiff, v. TECHNICAL OLYMPIC USA, INC., ANTONIO P. MON, DAVID J. KELLER and RANDY L. KOTLER, Defendants. RONALD HENLEY, individually and on behalf Case No. 06-61928- CIV-Ungaro of all others similarly situated, - Plaintiff, v. TECHNICAL OLYMPIC USA, INC., DAVID J. KELLER, RANDY L. KOTLER, and ANTONIO P. MON, Defendants. AGNES JUTKOWITZ, individually and on behalf Case No. 06-6193 8- CIV-Graham of all others similarly situated, Plaintiff, v. TECHNICAL OLYMPIC USA, INC., ANTONIO P. MON, DAVID J. KELLER and RANDY L. KOTLER, Defendants. COI BUI, individually and on behalf of all Case No. 07-60009- CIV-Marra others similarly situated, Plaintiff, v. TECHNICAL OLYMPIC USA,
  
  
• Class Action Complaint (95 KB)
  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA __________________________________________ ) COY BUI, Individually and On Behalf of All ) Others Similarly Situated, ) CIVIL ACTION NO. ) ) Plaintiff, ) ) CLASS ACTION COMPLAINT vs. ) TECHNICAL OLYMPIC USA, INC., ANTONIO P. MON, DAVID J. KELLER, and RANDY L. KOTLER, Defendants. __________________________________________________ ) ) ) JURY TRIAL DEMANDED ) ) ) ) Plaintiff, Coy Bui (“Plaintiff”), alleges the following based upon the investigation by Plaintiff’s counsel, which included, among other things, a review of the defendants’ public documents, conference calls and announcements made by defendants, United States Securities and Exchange Commission (“SEC”) filings, wire and press releases published by and regarding Technical Olympic USA, Inc. (“TOUSA” or the “Company”) securities analys
  
  
• Federal Securities Class Action Complaint (0.89 MB)
  Case 0:06-cv-61938-DLG Document 1 Entered on FLSD Docket 12/29/2006 Page 1 of 22 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA £ Q^X p^^y^ CASE NO. AGNES JUTKOWITZ, Individually And On Behalf of All Others Similarly Situated, Plaintiff, vs. TECHNICAL OLYMPIC USA, INC., ANTONIO P. MON, DAVID J. KELLER and RANDY L. KOTLER, Defendants. / FEDERAL SECURITIES CLASS ACTION COMPLAINT Plaintiff Agnes Jutkowitz ("Plaintiff), individually and on behalf of all other persons similarly situated, by her undersigned attorneys, for her Class Action Complaint against defendants, alleges upon personal knowledge as to herself and her own acts, and upon information and belief as to all other matters, based on, inter alia, the investigation conducted by and through her attorneys, which included, among other things, a review of the defendants' public documents, conference calls and announcements made by defendants, United States and Securities Exchange Commission ("SEC") filings, wire and
  
  
• Class Action Complaint (74 KB)
  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA RONALD W. HENLEY, Individually And On Behalf of All Others Similarly Situated, Plaintiff, vs. TECHNICAL OLYMPIC USA, INC., DAVID J. KELLER, RANDY L. KOTLER and ANTONIO P. MON, Defendants. CLASS ACTION COMPLAINT Plaintiff makes the following allegations, except as to allegations specifically pertaining to Plaintiff and Plaintiff’s counsel, based upon the investigation conducted by Plaintiff’s counsel, which included, among other things, a review and analysis of Technical Olympic USA Inc., ( “TOA” or the “Company”) filings with the United States Securities and Exchange Commission (the “SEC”), news articles and other media reports, press releases and other matters of public record. Except as alleged herein, information concerning Defendants’ actions and the particulars thereof is not available to the public and lies within the possession and control of Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NATURE OF THE ACTION 1. This is a federal sec
  
  
• Class Action Complaint (46 KB)
  UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. ___________________ GEORGE DURGIN, Individually and on ) Behalf of All Others Similarly Situated, ) ) Plaintiff, ) ) vs. ) ) TECHNICAL OLYMPIC USA, INC., ) ANTONIO P. MON, DAVID J. KELLER and ) RANDY L. KOTLER, ) ) Defendants. CLASS ACTION COMPLAINT Case No. ___________________ Plaintiff has alleged the following based upon the investigation by plaintiff’s counsel, which included a review of United States Securities and Exchange Commission (“SEC”) filings by Technical Olympic USA, Inc. (“TOUSA” or the “Company”), as well as regulatory filings and reports, securities analysts’ reports and advisories about the Company, press releases and other public statements issued by the Company, and media reports about the Company, and plaintiff believes that substantial additional evidentiary support will exist for the allegations set forth herein after a reasonable opportunity for discovery. NATURE OF THE A