On March 14, 2008, a consolidation order was entered. As a result, an order closing consolidated cases for statistical purposes was entered on March 20, 2008. In addition, several motions to appoint lead plaintiffs and counsels were filed on April 08, 2008 by different groups and individuals. Just as quickly, several proposed orders in regards to the previous motions to appoint lead plaintiffs and counsels were also entered on April 08, 2008. The case continues with several responses in support of the existing motions to appoint lead plaintiffs and counsels by different groups and individuals, which were filed on April 25, 2008. At the same time, on April 25, 2008, a motion to continue and motion for administrative relief pursuant to civil local rule 7-11 was filed. Hence, a proposed order in response to the motion to continue and motion for administrative relief filed earlier was entered on April 25, 2008. On May 09, 2008, a deadline was set and an order was entered in the matter of allowing different groups to file a supplemental reply in regards to the continuous hearing on motions to appoint lead plaintiffs. As different notices and responses were filed continuously after the deadline has been set, the court made its final order on May 27, 2008, granting and denying different groups and individuals as lead plaintiffs and counsels.
According to a press release dated February 9, 2008, the complaint charges SiRF and certain of its officers and directors with violations of the Securities Exchange Act of 1934. SiRF, through its subsidiaries, engages in the development and marketing of semiconductor and software products that are designed to enable location-awareness utilizing global positioning system and other location technologies worldwide.
The complaint alleges that during the Class Period, defendants issued materially false and misleading statements regarding the Company' s business and prospects. As a result of defendants' false statements, SiRF stock traded at artificially inflated prices during the Class Period, permitting one of the defendants to sell $9.6 million worth of his SiRF stock at $24.18-$24.29 per share.
On February 4, 2008, after the market closed, the Company announced disappointing financial results for its fourth quarter and fiscal 2007. On February 5, 2008, SiRF' s stock collapsed $8.91 per share to close at $7.36 per share, a one-day decline of 54%. According to the complaint, the true facts, which were known by the defendants but concealed from the investing public during the Class Period, were as follows: (a) SiRF' s acquisition of Centrality Communications, Inc. was having an adverse impact on SiRF' s results due to the similar products sold by Centrality which were cannibalizing SiRF' s sales; (b) SiRF' s major customers were not placing orders at sufficient quantities for SiRF to meet the aggressive targets set by and for the Company; (c) Centrality' s System-on-Chip ("SoC") product line had lower gross margins than SiRF' s products and defendants knew that although the Centrality acquisition would increase revenues in the fourth quarter (as it did), it would also significantly lower SiRF' s gross margins (as it also did); (d) competitive pressures were having much more of an adverse impact on the Company than acknowledged by defendants, as SiRF' s customers were moving to cellular-enabled products which SiRF could not adequately compete with; (e) as of October 30, 2007, one month into the fourth quarter, fourth quarter gross margins would be down significantly because of the lower SoC product line margins; and (f) downward pricing pressures were accelerating and would lead to lower margins and earnings in future quarters.
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