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Milberg Weiss Announces The Filing Of A Class Action Suit Against Diebold

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kster Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 02:13 AM
Original message
Milberg Weiss Announces The Filing Of A Class Action Suit Against Diebold
NEW YORK--(BUSINESS WIRE)--Jan. 6, 2006--The law firm of Milberg Weiss Bershad & Schulman LLP announces that a class action lawsuit was filed on January 6, 2005, on behalf of purchasers of the securities of Diebold, Inc. ("Diebold" or the "Company") (NYSE: DBD) between October 22, 2003 and September 20, 2005, inclusive (the "Class Period"), seeking to pursue remedies under the Securities Exchange Act of 1934 (the "Exchange Act").

The action, is pending in the United States District Court for the Northern District of Ohio, against defendants Diebold, Walden W. O'Dell (former CEO, Chairman), Eric C. Evans (former President and COO) and Gregory T. Geswein (former CFO). A copy of the complaint filed in this action is available from the Court, or can be viewed on Milberg Weiss's website at: http://www.milbergweiss.com

If you bought the securities of Diebold between October 22, 2003 and September 20, 2005, inclusive, and sustained damages, you may, no later than February 13, 2006, request that the Court appoint you as lead plaintiff. 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 the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Milberg Weiss Bershad & Schulman LLP, or other counsel of your choice, to serve as your counsel in this action.

The Complaint alleges that throughout the Class Period, defendants represented that the Company was effectively growing its business and that the growth would continue. Such statements presented the Company's historical results, and its prospects, in a very favorable light, causing the Company's stock to trade at inflated levels. Such statements, which are particularized in the complaint, were materially false and misleading because, contrary to the picture painted by defendants, the Company was suffering from severe operational and manufacturing deficiencies and lacked the systems and processes necessary to issue accurate and reliable financial forecasts.

http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_view&newsId=20060106005625&newsLang=en
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orleans Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 02:34 AM
Response to Original message
1. yes, well, here's a few paragraphs from my local paper yesterday
"DuPage County buys touch-screen voting machines"

snip

"The commission will receive a grant of no more than $4 million to purchase 732 Diebold TSX touch-screen machines, one for each precinct in the county."

snip

"The commission approved the agreement in a special meeting less than 10 minutes long. Vice Chairman Jeanne McNamara addressed residents' doubts about the system.
"We share your concerns that a vote cast be a vote counted. We cannot, will not, and have not relied upon unsubstantiated rumors, allegations and innuendos regarding the system selection," McNamara said."

snip

"Saar said the commissions decision came down to the wire as it investigated claims made against the systems. He said the commission was most impressed by Diebold. "They have a proven track record to get the work done," he said. "

ARRRGGGGGHHHHHHHHHHHHHHH!!!!! HELLLLLLLLLLLLLLPP!





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Erika Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 02:37 AM
Response to Reply #1
2. Yeah, Diebold said they would deliver Ohio to W
They got the work done.
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kster Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 03:16 AM
Response to Reply #1
5. I'm a stones throw away, depending on how good you can throw a stone
Will county, I read the same article.
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orleans Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-08-06 02:39 AM
Response to Reply #5
14. hey, will county. that article gave me a whirlwind of
emotions ranging from shocked to "figures" to "those f*ckers!"

i sent off a letter to durbin (the email i sent him got bounced back to me--i wondered if his name is in the news too much, connected with that abramoff crap and donations he took from an indian tribe) and i sent him a copy of the article, pleading for help.

gee? do i really think he can? no, but i'm desperate. first it's one per precinct then it'll be all diebolds as far as the eye can see.

blah.
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kster Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-08-06 02:55 AM
Response to Reply #14
15. Keep sending them e-mails, Diebold as far as the eye can see
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redacted Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 02:53 AM
Response to Original message
3. Here's the direct link to the Complaint in PDF format:
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Steve A Play Donating Member (638 posts) Send PM | Profile | Ignore Sat Jan-07-06 03:08 AM
Response to Original message
4. It's getting hard to keep track of all of them!
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kster Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 03:18 AM
Response to Reply #4
6. You seem to be doing a pretty good job at it...nt
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Steve A Play Donating Member (638 posts) Send PM | Profile | Ignore Sat Jan-07-06 03:30 AM
Response to Reply #6
7. Somebody has to
:hi: :kick:
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redacted Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 06:17 PM
Response to Reply #4
8. Steven, maybe start a new thread with this info? Or a blog?
I had no idea there were now SEVEN suits. And if I didn't know that, the sheeple not here on DU have no clue whatsoever.

That's some really nice work.
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Steve A Play Donating Member (638 posts) Send PM | Profile | Ignore Sat Jan-07-06 07:40 PM
Response to Reply #8
9. Thanks but it was really nothing
I just knew that I had heard of several others recently so I went to Google and typed in 'Diebold' and 'lawsuit' in the news section and clicked on 'sort by date'. :)

Perhaps BradBlog should do a follow-up to their recent coverage. Maybe something like "Is Diebold the canary in the E-Voting coal mine?"

Start with a generic "Mounting pressure on Diebold by states, stockholders, and voting rights groups, yadda yadda...

Continue with a state by state roundup of their machines being dumped in Leon and Volusia counties in Florida and North Carolina, California de-certifying them till the ITA's determine if the software 'interpreter' is legal, Connecticut, and Pennsylvania refusing to certify Diebold machines, http://www.bradblog.com/archives/00002187.htm">New Mexico now taking a closer look at not only Diebold but Sequoia as well, etc.

Move on to the stockholder and other lawsuits as summed up above.

Give a volley of quotes from various election reform spokespersons that sum up the problems.

He could even go into some of Abramoff's ties to his lobbyist who spent $287,500.00 lobbying New York City on behalf of Diebold Election Systems in 2003/4.

If he doesn't, maybe I'll write something up for DU. Anyone know how many posts I need to start a thread?

Steven P. :kick:
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kster Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 08:12 PM
Response to Reply #9
10. How many posts do I need to start a new thread, etc?
New members are restricted from starting new discussion topics. We require you to first post responses to a few existing discussion threads before you are given the privilege to do so. We wish we did not have to enforce this rule, but we have found it very helpful to keep disruptors off of our message board. Please do not ask what the minimum number is; we won't tell you, and it's not very high. New members are similarly restricted from using the private messaging function or recommending topics for the Greatest Page.


http://www.democraticunderground.com/forums/faq.html
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Steve A Play Donating Member (638 posts) Send PM | Profile | Ignore Sat Jan-07-06 08:33 PM
Response to Reply #10
11. Thanks kster
I guess I'll just :kick: this instead.

Steven P.
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Steve A Play Donating Member (638 posts) Send PM | Profile | Ignore Sun Jan-08-06 03:02 PM
Response to Reply #9
16. I almost forgot
St. Louis!

Steven P. :kick:
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nicknameless Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 08:51 PM
Response to Original message
12. R'ed yesterday. K'ed today.
How is it that these rethug corporations don't hesitate to commit multiple crimes? Election fraud wasn't enough? What arrogance.
It speaks volumes about the thoroughness of governmental corruption that Diebold assumed they had nothing to worry about.

:kick:
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Land Shark Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jan-07-06 09:07 PM
Response to Original message
13. Diebold guilty of not accomplishing only thing they're trying to do:
Make Money for shareholders.
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AtLiberty Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-08-06 07:42 PM
Response to Original message
17. Is there a clearing house to keep all these straight?
I think I've read about a dozen different class-action lawsuits against Diebold the past month.
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kster Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-08-06 07:52 PM
Response to Reply #17
18. Heres a list
Steve A Play (56 posts)

12/13/05 Federman & Sherwood Announces That a Securities Class Action Lawsuit Was Filed Against Diebold, Inc.

12/13/05 Scott + Scott LLC Law firm says filed suit against Diebold

12/16/05 Schatz & Nobel, P.C. Announces Class Action Lawsuit against Diebold Inc. and the Investigation of Diebold, Inc. 401k Plans

12/17/05 Law Offices Of Charles J. Piven, P.A. Announces Class Action Lawsuit Against Diebold Inc.

12/20/05 Wechsler Harwood Announces an Investigation of ERISA Violations Relating to the Diebold, Incorporated 401(k) Savings Plan

12/28/05 Smith & Smith LLP Announces Class Action Lawsuit Against Diebold, Incorporated

12/30/05 Shareholder Class Action Filed Against Diebold, Inc. by the Law Firm of Schiffrin & Barroway, LLP

Steven P

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