Lawsuit Overview
February 25, 2016 - The lead plaintiff filed a notice of appeal.
October 5, 2015 - The court granted in part and denied in part defendants' motion to dismiss.
July 24, 2015 - Defendants filed a motion to dismiss.
June, 25, 2015 - The plaintiff filed another amended complaint.
March 9, 2015 - The U.S. Court of Appeals for the Ninth Circuit reversed in part and vacated in part the decision of the district court and remanded the case for further proceedings.
September 7, 2011 - The plaintiff filed a notice of appeal.
August 8, 2011 - The court granted the defendants' motion to dismiss with prejudice.
April 25, 2011 - The defendants filed a motion to dismiss.
March 28, 2011 - The plaintiff filed a third amended complaint on behalf of investors who purchased Charles Schwab Total Bond Market (NASDAQ: SWLBX) common shares between August 31, 2007 and February 27, 2009. The plaintiff alleges that the defendants violated Federal Securities Laws by issuing false and misleading statements between August 31, 2007 and February 27, 2009.
March 8, 2011 - The court granted in part and denied in part the defendants motion to dismiss.
November 10, 2010 - The defendants filed a motion to dismiss.
September 28, 2010 - The plaintiff filed a second amended complaint.
August 13, 2010 - The U.S. Court of Appeals for the Ninth Circuit reversed and remanded the decision of the district court.
July 1, 2009 - The plaintiff filed a notice of appeal.
April 27, 2009 - The court granted the defendants' motion to dismiss.
April 16, 2009 - The court granted the defendants' motion to dismiss of claim IV without prejudice.
March 26, 2009 - The defendants filed a motion to dismiss.
March 4, 2009 - The plaintiff dismissed all claims against Charles Schwab & Co Inc and Schwab Total Bond Fund without prejudice, but claims remain against additional defendants.
March 2, 2009 - The plaintiff filed an amended complaint.
February 19, 2009 - The court granted in part and denied in part the defendant's motion to dismiss.
November 20. 2008 - The defendants filed a motion to dismiss.
August 28, 2008 - An investor in shares of Schwab Total Bond Market (NASDAQ: SWLBX) filed a lawsuit in the U.S. District Court for the Northern District of California against Charles Schwab & Co Inc over alleged violations of Federal Securities Laws in connection with certain allegedly false and misleading statements made between August 31, 2007 and August 28, 2008.
The complaint alleges the Schwab Total Bond Market Fund deviated from its stated investment objective by investing in high risk non-U.S. agency collateralized mortgage obligations. Additionally, the complaint claims that the Schwab Total Bond Market Fund’s registration statement and subsequent supplemental prospectuses emphasized the conservative nature of the Schwab Total Bond Market Fund’s indexed securities by stating the Schwab Total Bond Market Fund was designed to offer high current income by tracking the performance of the Lehman Brothers U.S. Aggregate Bond Index and was intended for investors seeking to fill the fixed income component of their asset allocation plan.
The complaint further alleges that Schwab Total Bond Market Fund deviated from its stated investment objective by investing in high risk non-U.S. agency collateralized mortgage obligations (CMOs). The non-U.S. agency CMOs were not part of the Lehman Brothers U.S. Aggregate Bond Index and were substantially more risky than the U.S. agency securities and other instruments that comprised the index, so the lawsuit. The plaintiff alleges that the Schwab Total Bond Market Fund also deviated from its stated fundamental investment objective by investing more than 25% of its total assets in U.S. agency and non-agency mortgage-backed securities and CMOs, while its investment objectives prohibited any concentration of investments greater than 25% in any industry, other than if necessary to track the Lehman Brothers U.S. Aggregate Bond Index. According to the complaint the defendants’ deviation from the Schwab Total Bond Market Fund ’s investment objective exposed the Schwab Total Bond Market Fund and its shareholders to tens of millions of dollars in losses stemming from a sustained decline in the value of non-agency mortgage-backed securities. As a result from the deviation of its stated investment objective caused a negative total return of 1.09% for the period September 4, 2007 through August 27, 2008, compared to a positive return of 5.92% for the Lehman Brothers U.S. Aggregate Bond Index over that period.