Lawsuit Overview
Settlement Overview
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February 12, 2008 - The court approved the partial settlement with the settling defendants, entered the orders approving the plan of allocation, the motion for attorneys’ fees and expenses, and dismissed the action with prejudice.
November 5, 2007 - The court preliminarily approved the settlement with the settling defendants.
October 26, 2007 - Parties filed a stipulation of settlement with the settling defendants.
June 19, 2006 - The court granted in part and denied in part the defendants' motions to dismiss, dismissing all claims against particular defendants and dismissing the consolidated derivative action.
January 19, 2006 - The lead plaintiff filed an amended consolidated complaint on behalf of investors who purchased American Italian Pasta Company (NYSE: AIPC) common shares between January 23 , 2002 and August 17, 2005. The lead plaintiffs alleges that the defendants violated the Securities Exchange Act of 1934 by issuing false and misleading statements between January 23 , 2002 and August 17, 2005.
December 19, 2005 - The lead plaintiff and lead counsel were appointed and all cases, including some derivative actions, were consolidated.
November 7, 2005 - The plaintiff filed a notice of voluntary dismissal.
August 25, 2005 - An additional investor filed a complaint.
August 16, 2005 - Another investor filed a complaint in the U.S. District Court for the District of Missouri on behalf of investors who purchased American Italian Pasta Company (NYSE: AIPC) common shares between October 4, 2000 and August 9, 2005.
August 12, 2005 - An investor in shares of American Italian Pasta Company (NYSE: AIPC) filed a lawsuit in the U.S. District Court for the Western District of Missouri against American Italian Pasta Company over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between October 25, 2000 and August 9, 2005.
The original complaint charges American Italian Pasta Company and certain of its officers and directors with violations of the Securities Exchange Act of 1934. American Italian Pasta Company engages in the production and marketing of dry pasta in North America. According to the complaint, American Italian Pasta Company failed to disclose and misrepresented the following material adverse facts which were known to defendants or recklessly disregarded by them: (1) that the defendants failed to properly expense $6.6 million in promotional allowances and related customer deduction receivables between October 25, 2000 and August 9, 2005; (2) that defendants failed to take timely write downs for spare parts inventory, which caused American Italian Pasta Company to take a $5.4 million charge; (3) that defendants maintained inadequate reserves for slow moving, damaged and discontinued inventories; (4) that American Italian Pasta Company failed to record $1.9 million in certain fixed asset retirements between October 25, 2000 and August 9, 2005; (5) that as a result of this, American Italian Pasta Company’s financial results were in violation of generally accepted accounting principles; (6) that American Italian Pasta Company lacked adequate internal controls; and (7) that as a result of the above, American Italian Pasta Company’s financial results were materially inflated at all relevant times.
The complaint further alleges that on or around August 9, 2005, after the market closed, American Italian Pasta Company announced a $60.7 million charge and a Securities and Exchange Commission inquiry. More specifically, American Italian Pasta Company stated the SEC was investigating it for various unspecified financial restatements and for transactions of American Italian Pasta Company’s stock by outsiders in late 2004 and early 2005, for which American Italian Pasta Company had received inquiries from the New York Stock Exchange and the Philadelphia Stock Exchange. Additionally, American Italian Pasta Company stated that it was delaying the release of its full financial results for the third fiscal quarter ended July 1, 2005, and was also delaying the filing of its third quarter Form 10-Q with the SEC. Moreover, American Italian Pasta Company stated that its Audit Committee is conducting an internal investigation of certain accounting procedures and practices and certain other matters.
On news of this, shares of American Italian Pasta Company (NYSE: AIPC) fell $7.66 per share, or 36.58 percent, to close at $13.28 per share on unusually high trading volume.