Several class actions have been filed against medical information technology systems company IMPAC Medical Systems, Inc. (Nasdaq:IMPCE), and certain of its officers and directors by stockholders who purchased the company's common stock between November 20, 2002, and May 13, 2004. The actions claim that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock.
The lawsuits allege that, during the applicable period, the defendants caused IMPAC’s shares to trade at artificially inflated levels through the issuance of false statements about demand for its services, its current bookings, and its financial statements. As a result of this inflation, IMPAC was able to complete two public offerings of 4.5 million shares, raising total proceeds of $77.9 million.
On March 1, 2004, IMPAC announced that it intended to restate its financial statements for fiscal years 2003-2003. Then, on May 13, 2004, it announced disappointing results for the second quarter of fiscal year 2004, and reduced its outlook for fiscal 2004. With this news, IMPAC’s stock collapsed to $14.62 per share, compared to the prior day’s close of $24.85.
On June 4, 2004, IMPAC filed its 8-K with the SEC, stating that the company had dismissed PricewaterhouseCoopers as its registered public accounting firm. On August 17, 2004, IMPAC announced the resignation of its independent auditor, Deloitte & Touche. This resignation was reported as being due to a disagreement with management concerning its application of certain accounting rules to the timing of its recognition of revenues in its restated financial statements for the fiscal years ended September 30, 2001 through 2003. The company’s stock has since dropped even farther, to the vicinity of $12 per share.
If you purchased securities issued by IMPAC during the applicable period, you may request appointment by the court as a lead plaintiff if you do so by November 8, 2004. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the court must determine that your claim is typical of the claims of other class members, and that you will adequately represent the class. Under certain circumstances, one or more class members may together serve as lead plaintiffs. Your ability to share in any recovery is not affected by the decision whether or not to serve as a lead plaintiff. You may retain any counsel of your choice to serve you in this action, or you may choose to do nothing, and remain in the class as a silent member.