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APPY > SEC Filings for APPY > Form 8-K on 23-Oct-2012All Recent SEC Filings

Show all filings for ASPENBIO PHARMA, INC.



Other Events

Item 8.01. Other Events.

On October 1, 2010, AspenBio Pharma, Inc. (the "Company") received a complaint, captioned John Wolfe, individually and on behalf of all others similarly situated v. AspenBio Pharma, Inc. et al., Case No. CV10 7365 (the "Wolfe Suit"). This federal securities purported class action was filed in the U.S. District Court in the Central District of California on behalf of all persons, other than the defendants, who purchased common stock of the Company during the period between February 22, 2007 and July 19, 2010, inclusive. The complaint names as defendants certain officers and directors of the Company during such period. The complaint includes allegations of violations of Section 10(b) of the Exchange Act and SEC Rule 10b-5 against all defendants, and of Section 20(a) of the Exchange Act against the individual defendants, all related to the Company's blood-based acute appendicitis test in development known as AppyScore. On the Company's motion, the action was transferred to the U.S. District Court for the District of Colorado by order dated January 21, 2011.

On September 13, 2012, the United States District Court for Colorado dismissed and entered judgment without prejudice in the Wolfe Suit. The Order to dismiss the action found in favor of the Company and all of the individual defendants.

On October 12, 2012, the Plaintiffs filed a Notice of Appeal of the Order granting the motion to dismiss the Wolfe Suit.

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