Lawsuit Overview
Settlement Overview
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January 21, 2014 - The court approved the settlement and dismissed the action with prejudice.
January 10, 2014 - The court entered the order approving the plan of allocation and the motion for attorneys’ fees. and expenses
September 26, 2013 - The court preliminarily approved the settlement.
November 30, 2011 - The court denied the motions to dismiss of certain defendants and granted the motion to dismiss of a certain defendant.
July 30, 2012 - The lead plaintiff filed an amended consolidated complaint.
March 20, 2012 - The court filed another order regarding the lead plaintiff and lead counsel.
February 9, 2012 - NASDAQ: DMND shares dropped almost 40% on February 9, 2012 after Diamond Foods Inc announced on February 8, after the market closed, that its Audit Committee of its Board of Directors has substantially completed its investigation of Diamond Foods Inc's accounting for certain crop payments to walnut growers.
Diamond Foods Inc said that the Audit Committee has concluded that Diamond Foods Inc's financial statements for the fiscal years 2010 and 2011 will need to be restated and that the Audit Committee has concluded that a continuity payment made to growers in August 2010 of approximately $20 million and a momentum payment made to growers in September 2011 of approximately $60 million were not accounted for in the correct periods, and the Audit Committee identified material weaknesses in the Company's internal control over financial reporting.
Diamond Foods Inc said that its Board of Directors will appoint a new Chief Executive Officer and Chief Financial Officer since on February 7, 2012, its President and Chief Executive Officer of Diamond, and Executive Vice President, Chief Financial and Administrative Officer of Diamond, respectively were placed on administrative leave from their positions.
January 6, 2012 - Lead plaintiff motions were filed, the lead plaintiff and lead counsel were appointed and all cases were consolidated.
November 7, 2011 - An investor in Diamond Foods Inc (NASDAQ: DMND) shares filed a lawsuit in U.S. District Court for the Northern District of California against Diamond Foods Inc over alleged Violations of Federal Securities Laws.
According to the complaint the plaintiff alleges on behalf of a class consisting of all persons or entities who purchased the securities of Diamond Foods Inc (NASDAQ: DMND), between April 5, 2011, and November 1, 2011, that Diamond Foods Inc and certain of its officers violated the Securities Exchange Act of 1934 by issuing false and or misleading statements and/or failing to disclose material facts between April 5, 2011 and November 1, 2011.
On August 5, Diamond Foods Inc agreed to merge with Proctor & Gamble’s (NYSE: PG) Pringles division. The $2.35 billion transaction will reportedly include $1.5 billion of Diamond Foods Inc stock and the assumption of $850 million of Pringles debt.
Then on November 1, 2011 after the market closed, Diamond Foods Inc issued a press release revising the expected closing date of the previously announced acquisition of the Pringles snack business from The Procter & Gamble Company “following the receipt by the Chairman of the Audit Committee of Diamond’s Board of Directors of an external communication regarding Diamond’s accounting for certain crop payments to walnut growers.” Additionally, Diamond Foods Inc disclosed that Diamond Foods Inc’s Audit Committee decided to perform an investigation of the accounting matter.
The payments were allegedly timed to make 2011 fiscal year costs appear lower than they actually were. One source estimates that the payments were worth as much as $50 million and would have reduced Diamond Food Inc's operating income by more than 50%, if they had been included in the fiscal year ended July 31, 2011.
Shares of Diamond Foods Inc (NASDAQ: DMND) fell from $64.12 per share on Nov. 1, 2011 to $39.09 on Nov. 7, 2011. In fact, NASDAQ: DMND stocks fell from over $92 per share in September 2011 or by more than 50%.