CAR_Public/010720.mbx              C L A S S   A C T I O N   R E P O R T E R

               Friday, July 20 2001, Vol. 3, No. 141

                              Headlines


ARKANSAS STATE: ACLU Sues Over Treatment of Mentally Ill Inmates
ASPEON INC.: Motion To Dismiss Third Consolidated Suit Set For July 30
BLUE MARTINI: Cauley Geller Begins Securities Suit In S.D. New York
CALIPER TECHNOLOGIES: Cauley Geller Files Securities Suit In S.D. NY
CAPTEC NET: Merger With Commercial Net Lease Realty,Inc. Triggers Suit

CHINADOTCOM CORPORATION: Stull Stull Files Securities Suit In S.D. NY
CHORDIANT SOFTWARE: Milberg Weiss Files Securities Suit In S.D. NY
CLARENT CORPORATION: Milberg Weiss Files Securities Suit In S.D. NY
COVAD COMMUNICATIONS: Wolf Haldenstein Commences Suit In S.D. New York
CSX TRANSPORTATION: Ex-workers In FL And GA File New Solvent Suit

EXODUS COMMUNICATIONS: Stull Stull Files Lawsuit In N.D. California
FOREST LABORATORIES: Suits Continue Despite Dismissal Of Federal Cases
FOOTE HOSPITAL: Plaintiffs Lawyer Expects Suit To Be Tried Next Year
GUNTHER INTERNATIONAL: Final Approval Of Settlement Offer Granted
JOHNSON & JOHNSON: Faces Lawsuit In Montreal Over CISAPRIDE Drug

MESABA HOLDINGS: Suits Have No Merit As Northwest Withdraws Offer
NEXT LEVEL: Wolf Haldenstein Files Securities Suit In S.D. New York
PAINT INDUSTRY: NAACP Pressures Paint Industry for Action on Lead
PETMED EXPRESS: Court Sets Hearing On Settlement Pact This July 30
PLUG POWER: Motion to Dismiss Filed Last May Remains Undecided
QUALCOMM INC.: S.D. California Court Grants Conditional Certification

QUORUM HEALTH: Officials Off Hook, But Suit Against Company Continues
RHYTHMS NETCONNECTIONS: Cauley Geller Files Securities Suit In S.D. NY
ROGERS CABLE: Faces Suit In Ontario For Poor Internet Service
SAFETY COMPONENTS: Settles Shareholders Lawsuits For $4 Million
SYCAMORE NETWORKS: Stull Stull Files Securities Suit In S.D. New York

TIBCO SOFTWARE: Cauley Geller Begins Securities Suit In S.D. New York
TREX COMPANY: Cauley Geller Commences Securities Suit In W.D. Virginia
TRIAD HOSPITALS: Expects Dismissal Of Suit After Reaching April Deal
UNO RESTAURANT: Motion To Dismiss DE Shareholders Suit Still Undecided
VIANT CORPORATION: Stull Stull Begins Securities Suit In S.D. New York
XEROX CORPORATION: Adverse Ruling By Judge May Force Payment Of $300M



                              *********


ARKANSAS STATE: ACLU Sues Over Treatment of Mentally Ill Inmates
----------------------------------------------------------------
The American Civil Liberties Union filed a class action lawsuit recently in
U.S. District Court, complaining that state and county inmates who suffer
from mental illness have been denied treatment and had to endure the neglect
of their mental problems while awaiting trial, according to a recent
Associated Press report.

The ACLU named James M. Terry, 28, as plaintiff. He has been held in the
Sebastian County jail at Fort Smith for more than nine months without
receiving treatment for a psychotic disorder.

The lawsuit names as defendants Sebastian County Sheriff Frank Atkinson and
Richard Hill, deputy director of the state Division of Mental Health
Services under the Department of Human Services.

DHS spokesman Joe Quinn would not comment on the lawsuit.


ASPEON INC.: Motion To Dismiss Third Consolidated Suit Set For July 30
----------------------------------------------------------------------
A court hearing is scheduled for July 30 to consider the motion to dismiss
filed by Aspeon, Inc. on the third consolidated securities complaint filed
last May.

The Company said in its latest report to the Securities and Exchange
Commission that it is unsure about the outcome of the hearing.

The complaint was first filed in October and November 2000 in eight separate
purported class action lawsuits against the Company, the Company's Chief
Executive Officer, and its former Chief Financial Officer in the United
States District Court for the Central District of California.

The lawsuits, which have since been consolidated into one action, allege
violations of the Securities Exchange Act of 1934.

Aspeon is an application service provider that operates principally through
two subsidiaries, Javelin Systems and Aspeon Solutions.

Javelin Systems' point-of-sale computers, used by restaurants and retailers,
can capture orders and transmit the information to corporate headquarters
(or to the kitchen or bar) for use in inventory management, filling orders,
and sales analysis.


BLUE MARTINI: Cauley Geller Begins Securities Suit In S.D. New York
-------------------------------------------------------------------
Cauley Geller Bowman & Coates, LLP filed a class action in the United States
District Court for the Southern District of New York on behalf of purchasers
of Blue Martini Software, Inc. (Nasdaq: BLUE) securities during the period
between July 24, 2000 and July 9, 2001, inclusive.

The complaint charges the following defendants with violations of Sections
11, 12(a) (2) and 15 of the Securities Act of 1933 and Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder:

     (i) Blue Martini,

    (ii) Goldman Sachs & Co.,

   (iii) Dain Rauscher Incorporated,

    (iv) Thomas Weisel Partners LLC,

     (v) U.S. Bancorp Piper Jaffray,

    (vi) James C. Gaither,

   (vii) A. Michael Spence,

  (viii) Andrew W. Verhalen,

    (ix) Edward H. Vick, and

     (x) William F. Zuendt

For further details, contact: CAULEY GELLER BOWMAN & COATES, LLP through its
Client Relations Department: Jackie Addison, Sue Null or Charlie Gastineau
by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone: 1-888-551-9944
(toll free) by E-mail: info@classlawyer.com


CALIPER TECHNOLOGIES: Cauley Geller Files Securities Suit In S.D. NY
--------------------------------------------------------------------
Cauley Geller Bowman & Coates, LLP filed a class action in the United States
District Court for the Southern District of New York on behalf of purchasers
of Caliper Technologies Corporation (Nasdaq: CALP) securities during the
period between December 14, 1999 and December 6, 2000, inclusive.

The complaint charges the following defendants with violations of Sections
11, 12(a) (2) and 15 of the Securities Act of 1933 and Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder:

     (i) Caliper,

    (ii) Credit Suisse First Boston Corporation,

   (iii) Daniel L. Kisner, M.C.,

    (iv) James L. Knighton and

     (v) David V. Milligan, PhD.

For more details, contact: CAULEY GELLER BOWMAN & COATES, LLP through its
Client Relations Department: Jackie Addison, Sue Null or Charlie Gastineau
by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone: 1-888-551-9944
(toll free) or by E-mail: info@classlawyer.com


CAPTEC NET: Merger With Commercial Net Lease Realty,Inc. Triggers Suit
-----------------------------------------------------------------------
Captec Net Lease Realty, Inc. disclosed in its latest report to the
Securities and Exchange Commission that it is facing a shareholders suit
filed recently in a federal court in Michigan.

The Company said the suit stems from a July 1, 2001 Agreement and Plan of
Merger between Captec and Commercial Net Lease Realty, Inc. that provides
for the merger of Captec with and into Commercial, which will be the
surviving corporation.

A complaint was filed by Alfonso Larriva, a stockholder of Captec, on behalf
of an alleged class consisting of the public stockholders of the Company.

It is pending in the United States District Court for the Eastern District
of Michigan, Southern Division.

The complaint alleges, among other things, that the defendants breached
fiduciary duties owed to plaintiff and the alleged class in connection with
the alleged unfair use by Patrick L Beach, Captec's Chairman, President and
Chief Executive Officer of inside information in connection with the
acquisition of certain non-real estate assets of Captec and the alleged use
of the Captec stockholder's rights plan and the $5.0 million break-up fee
provided in the Merger Agreement in the case of termination of Merger
Agreement to discourage third party bidders.

The complaint further alleges that the Merger is unfair to Captec's
stockholders, and that the alleged class will be irreparably damaged if the
Merger is consummated.

The complaint seeks a declaration that the suit is properly maintainable as
a class action and that the Merger Agreement was entered into in breach of
fiduciary duties and is unlawful and unenforceable.

Captec believes the request for class certification and the claims are
without merit, and intends to defend vigorously against this action.

Captec Net Lease Realty is a real estate investment trust (REIT) that
develops, buys, and owns more than 130 properties in 27 states across the
US.

Captec leases the properties to national and regional franchised retailers
and restaurants, with eateries accounting for about three-quarters of
property revenue.

Under a net lease, tenants are responsible for the upkeep of property,
including maintenance, taxes, and insurance.


CHINADOTCOM CORPORATION: Stull Stull Files Securities Suit In S.D. NY
---------------------------------------------------------------------
Stull, Stull & Brody filed Wednesday a class action lawsuit in the United
States District Court for the Southern District of New York, on behalf of
purchasers of Chinadotcom Corporation (NASDAQ:CHINA) common stock between
July 12, 1999 and June 28, 2001, inclusive.

The complaint alleges that defendants violated the federal securities laws
by issuing and selling Chinadotcom common stock pursuant to the July 12,
1999 IPO without disclosing to investors that some of the underwriters in
the offering, including the lead underwriters, had solicited and received
excessive and undisclosed commissions from certain investors.

For additional information, contact: Stull, Stull & Brody through Tzivia
Brody, Esq. by Phone: 1-800-337-4983 (toll free) by E-mail: SSBNY@aol.com or
by Fax: 212/490-2022 or by Mail: 6 East 45th Street, New York, NY 10017


CHORDIANT SOFTWARE: Milberg Weiss Files Securities Suit In S.D. NY
------------------------------------------------------------------
Milberg Weiss Bershad Hynes & Lerach LLP filed Wednesday a class action
lawsuit on behalf of purchasers of the securities of Chordiant Software,
Inc. (NASDAQ: CHRD) between February 14, 2000 and December 6, 2000,
inclusive.

The action alleges the following as defendants:

     (i) Chordiant,

    (ii) FleetBoston Robertson Stephens, Inc.,

   (iii) Samuel T. Spadafora,

    (iv) Steven R. Springsteel, and

    (v) Joseph F. Tumminaro,

The suit is pending in the United States District Court, Southern District
of New York.

The complaint alleges violations of Sections 11, 12(a)(2) and 15 of the
Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder.

For more details, contact: Steven G. Schulman or Samuel H. Rudman by Mail:
One Pennsylvania Plaza, 49th fl. New York, NY, 10119-0165 by Phone: (800)
320-5081 by Email: chordiantcase@milbergNY.com or visit the firm's Website:
www.milberg.com


CLARENT CORPORATION: Milberg Weiss Files Securities Suit In S.D. NY
-------------------------------------------------------------------
Milberg Weiss Bershad Hynes & Lerach LLP filed Wednesday a class action
lawsuit on behalf of purchasers of the securities of Clarent Corp. (NASDAQ:
CLRN) between July 1, 1999 and December 6, 2000, inclusive.

The action is pending in the United States District Court, Southern District
of New York against defendants Clarent, Credit Suisse First Boston
Corporation, BancBoston Robertson Stephens, Inc., Jerry Shaw-Yau Chang,
Richard J. Heaps and Michael F. Vargo.

The complaint alleges violations of Sections 11, 12(a)(2) and 15 of the
Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder.

For more information, contact: Steven G. Schulman or Samuel H. Rudman by
Mail: One Pennsylvania Plaza, 49th fl. New York, NY, 10119-0165 by Phone:
(800) 320-5081 by Email: Clarentcase@milbergNY.com or visit the firm's
Website: www.milberg.com


COVAD COMMUNICATIONS: Wolf Haldenstein Commences Suit In S.D. New York
----------------------------------------------------------------------
Wolf Haldenstein Adler Freeman & Herz LLP filed a class action lawsuit in
the United States District Court for the Southern District of New York, on
behalf of purchasers of Covad Communications Group, Inc. (Nasdaq: COVD)
between January 21, 1999 and December 6, 2000, inclusive.

The suit listed as defendants Covad, certain of its officers and directors,
and its underwriters.

The complaint alleges that defendants violated the federal securities laws
by issuing and selling Covad common stock pursuant to the January 21, 1999
IPO without disclosing to investors that some of the underwriters in the
offering, including the lead underwriters, had solicited and received
excessive and undisclosed commissions from certain investors.

For additional information, contact: Wolf Haldenstein Adler Freeman & Herz
LLP by Mail: 270 Madison Avenue, New York, New York 10016 by Phone: (800)
575-0735 (Fred Taylor Isquith, Esq., Gustavo Bruckner Esq., Thomas Burt,
Esq., or George Peters) by E-mail: classmember@whafh.com or visit the firm's
Website: www.whafh.com


CSX TRANSPORTATION: Ex-workers In FL And GA File New Solvent Suit
-----------------------------------------------------------------
Eight former employees of CSX Transportation filed Wednesday a suit seeking
class action status for those who are suffering from brain damage as a
result of using solvents to clean locomotives in the Company's Jacksonville
and Waycross, Georgia rail yards.

According to the Florida Times-Union, lawyers for the plaintiffs believe
there are hundreds, even thousands, of former CSX employees who are
suffering from the above illness.

This is not the first time that the Company is faced with this kind of
lawsuit.  Over the years, CSX has settled similar solvent lawsuits, which
has now involved $35 million in settlement payments.

This new suit is brought by former employees who worked at the company's
West Jacksonville maintenance facility, from the '40s through the '80s, and
former employees who worked in Waycross in the '80s and '90s.

The plaintiffs have complained of memory failure, confusion, difficulty
speaking and other problems they blame on solvents' effects on their brains.


EXODUS COMMUNICATIONS: Stull Stull Files Lawsuit In N.D. California
-------------------------------------------------------------------
Stull, Stull & Brody filed a class action complaint on behalf of all persons
who acquired Exodus Communications, Inc. (NASDAQ:EXDS) securities between
March 20, 2001 and June 20, 2001, inclusive.

The complaint charges Exodus Communications, Inc. and its senior executives
with violations of Sections 10(b) and 20(a) of the Securities Exchange Act
of 1934.

For more information, contact: Stull, Stull & Brody through Michael D.
Braun, Esq. by Phone: 888/388-4605 or by E-mail: mbraun@secfraud.com


FOREST LABORATORIES: Suits Continue Despite Dismissal Of Federal Cases
----------------------------------------------------------------------
It's not over yet.

Despite a ruling by the Court of Appeals for the Seventh Circuit on the
federal cases that no reasonable jury could reach a verdict against the
Company on charges of price discrimination and conspiracy to fix prices in
the sale of pharmaceutical products, Forest Laboratories, Inc. will have to
continue its defense against such suits.

The Company, together with other drug makers, remains a defendant in many of
the federal opt-out cases included in the coordinated proceedings to the
extent of claims alleging price discrimination in violation of the
Robinson-Patman Act.

In November 1998, the Company and the other defendants were able to secure
the dismissal of the conspiracy allegations contained in all of the federal
class actions.

Following this dismissal, individual plaintiffs who opted out of the federal
cases filed separate suits alleging certain violations of the federal
anti-trust laws in the marketing of pharmaceutical products.

No discovery or other significant proceedings, however, have taken place to
date, the Company said in a recent report to the Securities and Exchange
Commission.

Forest Laboratories, Inc. develops and manufactures brand name drugs as well
as generic prescription and nonprescription pharmaceutical products.

The company's pharmaceutical line includes Celexa, an antidepressant that
accounts for nearly half of total sales; hypertension drug Tiazac (about
20%); Infasurf, which treats respiratory distress syndrome in premature
infants; and Cervidil, a gel used to help speed the birthing process.

The Company has subsidiaries in the UK and Ireland and markets directly to
doctors, drugstore chains, managed care organizations, and distributors
through its own sales force.


FOOTE HOSPITAL: Plaintiffs Lawyer Expects Suit To Be Tried Next Year
--------------------------------------------------------------------
A lawyer representing former patients of Foote Hospital, who filed a class
action suit for accidental exposure to HIV and hepatitis, believes that the
suit will not be tried until next year.

Lawyers for the hospital have appealed a ruling by a circuit judge granting
class action status on the suit, mLive.com reported recently.

The suit was put on hold for 60 days May 25.

Goren said he expects more challenges by the hospital's lawyers  in the next
few months.

About 710 patients who had endoscopic procedure at the hospital late last
year claim they may have been exposed to disease because the equipment was
not cleaned properly.

It is unclear, however, whether any of the patients actually contracted any
disease.

The report quoted hospital officials saying that the chances of exposure
were slim.

Goren told the court in May that some of his clients have hepatitis C, but
he could not ascertain whether there was any connection to their treatment
at Foote, mLive.com said.


GUNTHER INTERNATIONAL: Final Approval Of Settlement Offer Granted
-----------------------------------------------------------------
Gunther International, Ltd. announced in its latest regulatory filing with
the Securities and Exchange Commission that it received final approval for
its settlement offer.

According to the Company, the offer was approved last May, by the U.S.
District Court for the District of Connecticut.

The securities suit was filed in relation to an alleged violation by the
Company of the Securities Exchange Act of 1934 when it issued statements for
the first three quarters of fiscal 1998 with materially false and misleading
information.

Under the terms of the settlement, the Company and the other defendants
agreed to pay $595,000 to the plaintiffs, $380,000 of which was paid by the
Company's directors' and officers' liability insurance carrier and $215,000
of which was paid by the Company.

Gunther International makes electronic publishing, mailing, and billing
systems that automate the assembly of printed documents.

Its EP-4000 Electronic Publishing System can staple, bind, match, and insert
documents into envelopes for distribution.


JOHNSON & JOHNSON: Faces Lawsuit In Montreal Over CISAPRIDE Drug
----------------------------------------------------------------
Montreal-based law firm Lauzon, B,langer filed a class action lawsuit
against American multinational corporation Johnson & Johnson and two of its
Canadian subsidiaries, Johnson & Johnson Inc. and Janssen-Ortho Inc., Canada
NewsWire reported Monday.

Jean-Nil Gardner, 65, filed the suit on behalf of all persons, including
minors, in Quebec who used the drug CISAPRIDE marketed under the brand name
PREPULSID.

The drug was first introduced in Canada in 1990, and prescribed to thousands
of individuals.

Records at Health Canada reveal that 44 cases of cardiac arrhythmia have
been associated with usage of this drug, of which 10 engendered the death of
Canadians.

Health Canada removed this drug from the market on August 7, 2000, as did
the American Food and Drug Administration on July 14, 2000, because of the
health risks, the report said.

Gardner is seeking $100,000 in damages for permanent harm to his health and
for the diminishment of his life expectancy.

His complaint will be formally presented to the Montreal Superior Court on
August 7, 2001, the report said.

For more information, contact: Carmen Campeau in charge of member services
at Lauzon, B,langer by Phone: (514) 844-4646 ext. 228.


MESABA HOLDINGS: Suits Have No Merit As Northwest Withdraws Offer
-----------------------------------------------------------------Northwest
Airlines has withdrawn its offer to buy more stocks of Mesaba Holdings,
Inc., paving the way for the possible dismissal of the shareholders suit
filed against the Company.

Northwest Airlines announced its withdrawal last June.

Since November 2000, Northwest has been embroiled in five separate lawsuits
filed in Hennepin County District Court and Dakota County District Court.

The lawsuits stem from the proposal by Northwest Airlines Corporation, who
owns 40 percent of Mesaba, to acquire all of the outstanding shares of the
Company's common stock.

The lawsuits allege that the defendants have breached their fiduciary duties
to the Company's shareholders in connection with the proposed transaction.

With the withdrawal of the offer, the Company believes the lawsuits no
longer have merits.

Riding the contrails of Northwest Airlines, Mesaba Holdings is soaring.
The company's subsidiary, Mesaba Aviation (doing business as Mesaba
Airlines), is a regional airline that flies as Northwest Airlink through a
code-sharing agreement with Northwest Airlines.

The two carriers' flight schedules are closely coordinated to provide smooth
connections at hubs in Detroit, Memphis, and Minneapolis/St. Paul.

With a fleet of about 110 leased aircraft, Mesaba is one of the largest
regional airlines in the US.  It provides flights to more than 100 cities in
28 US states and three Canadian provinces.


NEXT LEVEL: Wolf Haldenstein Files Securities Suit In S.D. New York
-------------------------------------------------------------------
Wolf Haldenstein Adler Freeman & Herz LLP filed a class action lawsuit in
the United States District Court for the Southern District of New York, on
behalf of purchasers of Next Level Communications, Inc. [Nasdaq: NXTV]
between November 9, 1999 and December 6, 2000, inclusive.

Listed as defendants in the suit are Next Level, certain of its officers and
directors, and its underwriters.

The complaint alleges that defendants violated the federal securities laws
by issuing and selling Next Level common stock pursuant to the November 9,
1999 IPO without disclosing to investors that some of the underwriters in
the offering, including the lead underwriters, had solicited and received
excessive and undisclosed commissions from certain investors.

For more details, contact: Wolf Haldenstein Adler Freeman & Herz LLP by
Mail: 270 Madison Avenue, New York, New York 10016 by Phone: (800) 575-0735
(Fred Taylor Isquith, Esq., Gustavo Bruckner Esq., Thomas Burt, Esq., or
George Peters) by E-mail: classmember@whafh.com or visit the firm's Website:
www.whafh.com


PAINT INDUSTRY: NAACP Pressures Paint Industry for Action on Lead
-----------------------------------------------------------------
NAACP president Kweisi Mfume said recently that his group is preparing to
sue the paint industry unless it becomes more involved in lead paint
abatement and treatment for victims, according to a recent Associated
report.

Mfume acknowledged that paint companies have contacted him, but that his
resolve will remain unshaken, until their involvement has increased.

"The industry ought to understand that there are consequences in all of this
that cannot be delayed," Mfume said.

What are these consequences:  Lead paint has been linked to lower IQ, mental
retardation, learning difficulties, behavioral problems, stunted growth and
hearing loss.

At high levels, lead is also believed to cause kidney damage, seizures, coma
and even death.

An industry representative said paint companies want to work with the
NAACP, but a lawsuit would have a "chilling effect on cooperative
solutions."

Tom Graves, vice president and general counsel for the National Paint &
Coating Association, said a class action lawsuit would be a waste of
resources.

"The attention to the issue is great and we welcome it," Graves said.   "The
lawsuit is not the right approach."

Nonetheless, Rhode Island and the city of Milwaukee have pending lawsuits
against paint makers, claiming the companies knew or should have known about
the damaging effects of lead paint.

Manufacturers have stopped making lead paint decades ago and the product was
banned for use as interior paint in 1978 -- an action Graves said his group
supported.

However, lead paint is still present in many older buildings, and children
are at risk of ingesting the toxin.

In fact, said Ruth Ann Norton, nearly 1 million children suffer from lead
poisoning across the nation.

Norton is executive director of the Coalition to End Childhood Lead
Poisoning.


PETMED EXPRESS: Court Sets Hearing On Settlement Pact This July 30
------------------------------------------------------------------
PetMed Express, Inc. revealed that it has reached a settlement pact to
dismiss a class action lawsuit pending in a federal court in Oklahoma.

The Florida-based pet products supplier said it is scheduled to appear
before the court on July 30, 2001 to seek final approval of the suit, which
seeks nationwide class status.

If the Settlement is approved with finality, each class member who does not
opt out of the pact will have the option of one of the following benefits:

     (a) a ten percent (10%) discount on one order of pet medications
         (the total discount being capped at $4.00);

     (b) free shipping and handling on one order of pet medication if
         the Class Member provides an original or copy of the
         applicable written prescription for that medication; or

     (c) a twenty-five percent (25%) discount on one order of in-stock
         pet supplies other than medications (the total discount being
         capped at $4.00).

Also, PetMed will, for a period of at least two (2) years, donate
prescription medications or other supplies worth not less than $10,000 per
annum to the Humane Society (or another similar agency) for use on stray or
homeless pets.

PetMed will, for a period of five (5) years, agree not to describe or state
in its catalogs, website or invoices that it is providing insurance in
connection with delivery of ordered items.

Also, Class Counsel will petition the Court for attorney's fees, costs and
expenses in an amount not to exceed and payable in the form of:

     (i) $37,500 cash;

    (ii) 25,000 shares of registered common stock in PetMed; and

   (iii) an option to purchase 25,000 shares of common stock in PetMed
         exercisable at the market price as of the close of business on
         February 22, 2001 and exercisable within three (3) years of
         the Effective Date.

Steven Wayne Turner v. PetMed Express.com, Inc. was filed January last year
in the District Court in and for Wagoner County, Oklahoma.

The plaintiff commenced the punitive nationwide class action to seek
declaratory judgment and damages based upon alleged breach of contract,
unjust enrichment, recovery of money paid absent consideration, fraud, and
deceptive and unfair trade practices under the Florida Consumer Protection
Act.

Plaintiff's alleged claims arise from a purported overcharge of $1.95 on a
purchase of pet supplies from PetMed.

The Company shipped the products, via United Parcel Service, from
PetMed's domicile in Florida to Turner in Tulsa, Oklahoma, along with an
invoice showing a subtotal of $39.97 plus $7.99 for "Shipping,
Handling and Insurance".

Although the invoice did not identify any portion of the $7.99 charge as
specifically allocable to shipping, handling, or insurance individually, the
plaintiff alleges that $1.95 of the $7.99 was an overcharge attributable to
insurance.

Plaintiff claims the inclusion of the word "insurance" with "shipping and
handling" warrants a nationwide class action against the Company.


PLUG POWER: Motion to Dismiss Filed Last May Remains Undecided
--------------------------------------------------------------
Plug Power, Inc. disclosed in a SEC regulatory filing recently that it filed
last May a motion to dismiss the consolidated securities suit currently
pending in the U.S. District Court of the Eastern District of New York.

The Company, however, is not sure as to which favor this suit would be
resolved.

"Litigation is inherently uncertain and there can be no assurances as to the
ultimate outcome or effect of these actions. If the plaintiffs were to
prevail, such an outcome would have a material adverse effect on our
financial condition, results of operations and liquidity," the Company said
in the report.

In September 2000, a shareholder filed a class action suit alleging that the
Company and several of its officers and directors violated certain federal
securities laws, by failing to disclose certain information concerning its
products and future prospects.

The action was brought on behalf of a class of shareholders who purchased
the Company's stock between February 14, 2000 and August 2, 2000.

Subsequently, 14 additional complaints with similar allegations and class
periods were filed.

The consolidated amended complaint extends the class period to begin on
October 29, 1999 and alleges claims under the Securities Act of 1933 and the
Exchange Act of 1934, and Rule 10b-5 promulgated under the Exchange Act of
1934.

The company develops on-site power generation systems for commercial and
residential dwellings and for automotive applications.

Plug Power uses proton exchange membrane (PEM) fuel cells to generate
electricity from hydrogen gas without combustion.


QUALCOMM INC.: S.D. California Court Grants Conditional Certification
---------------------------------------------------------------------
The United States District Court, Southern District of California, granted
Conditional Class Certification to former employees of San Diego-based
Qualcomm Incorporated, who allege that the company discriminated by age in a
1999 workforce reduction violating the Age Discrimination in Employment Act.

These terminations deprived the class of the right to exercise valuable
Qualcomm and Leap Wireless stock options.

The certification allows the plaintiff, represented by Los
Angeles-headquartered Rose, Klein & Marias LLP, to notify 190 potential
class members of the suit and their right to opt in to the class.

The amount of damages has not yet been established. The certification is
conditionally based on further discovery.

Without oral argument, Judge Napoleon A. Jones, Jr. conditionally certified
the class, to be defined as follows:

"All persons who were employed at Qualcomm who at the age of 40 or older
were wrongfully terminated on or about February 2, 1999, by Qualcomm on the
ground of age, depriving them of their right to exercise valuable Qualcomm
and Leap Wireless stock options received as part of their initial employment
contract and/or during the course of their employment at Qualcomm."

For more information, contact: Rose Klein & Marias LLP by Mail: 801 South
Grand Avenue, 18th Floor, Los Angeles, California 90017 by Phone:
213/626-0571 by Fax: 213/623-7755 or visit the firm's Website:
www.rkmlaw.com


QUORUM HEALTH: Officials Off Hook, But Suit Against Company Continues
-----------------------------------------------------------------------
Its Chief Executive Officer and other officials are already off the hook,
but Quorum Health Group, Inc. is still deep in a securities class action
filed nearly two years ago.

The U.S. District Court for the Middle District of Tennessee has granted the
motion to dismiss filed by CEO James E. Dalton, Jr. in April this year.

The same court had also dropped the cases against all other defendants in
the suit filed between October and November 1998.

The suit seeks to represent a class of plaintiffs who purchased Quorum's
common stock from October 25, 1995 through October 21, 1998.

It alleges that the Company violated the Securities Exchange Act of 1934 by
materially inflating Quorum's net revenues during the class period.

"Quorum intends to vigorously defend the claims and allegations in this
action," said the Company in a report to the Securities and Exchange
Commission recently.


RHYTHMS NETCONNECTIONS: Cauley Geller Files Securities Suit In S.D. NY
----------------------------------------------------------------------
Cauley Geller Bowman & Coates, LLP filed a class action in the United States
District Court for the Southern District of New York on behalf of purchasers
of Rhythms Netconnections, Inc. (OTC Bulletin Board: RTHM) securities during
the period between April 6, 1999 and December 6, 2000, inclusive.

The complaint charges the following defendants with violations of Sections
11, 12(a) (2) and 15 of the Securities Act of 1933 and Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder:

     (i) Rhythms,

    (ii) Merrill Lynch, Pierce Fenner & Smith Inc.,

   (iii) Salomon Smith Barney Inc.,

    (iv) BancBoston Robertson Stephens,

     (v) Catherine M. Hapka and

    (vi) Scott C. Chandler

For more details, contact: CAULEY GELLER BOWMAN & COATES, LLP through its
Client Relations Department: Jackie Addison, Sue Null or Charlie Gastineau
by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone: 1-888-551-9944
(toll free) or by E-mail: info@classlawyer.com


ROGERS CABLE: Faces Suit In Ontario For Poor Internet Service
-------------------------------------------------------------
Stevenson & Associates and TEPLITSKY COLSON filed recently a class action
lawsuit in Ontario, Canada against Rogers Cable, Inc. on behalf of five
present or former customers of Rogers@Home Cable Internet Service.

The suit made the following allegations:

     (a) Rogers agreed to provide unlimited access to the Internet and
         to other information services for fees;

     (b) when these services were not available Rogers still charged
         the fees and did not provide adequate credits;

     (c) if Rogers had a policy of providing credits, the credits were
         inadequate and not commensurate with the fees paid for the
         period when the service was inadequate.

Rogers Cable, Inc. is a subsidiary of Rogers Communications, Inc., Canada's
No.1 cable TV operator with some 2.4 million subscribers throughout New
Brunswick, Newfoundland, and Ontario, and it owns more than 240 video
stores.

In addition, the company owns 51% of Rogers Wireless that operates under the
Rogers AT&T Wireless brand, one of Canada's largest mobile phone operators
with 3 million customers.

Rogers' media operations include 30 radio stations, a Toronto TV station,
business and consumer publications, and Internet holdings.

For more information, contact: Colin P. Stevenson at 416-865-5313


SAFETY COMPONENTS: Settles Shareholders Lawsuits For $4 Million
---------------------------------------------------------------
Safety Components International, Inc. informed the Securities and Exchange
Commission recently in a report that it has entered into an agreement last
April to settle a consolidated securities suit pending in New Jersey.

In its latest regulatory report, the Company said the settlement amounted to
$4.0 million.

The Company's directors' and officers' insurance carrier will satisfy the
settlement obligations and accordingly.

As a result, the resolution of the case will have no effect on the Company's
financial condition, results of operations or cash flows.

Safety Components is a global manufacturer of automotive airbag fabric,
cushions, and components.

Its airbag components (about 75% of sales) may be found in more than 50 car
and truck models worldwide.

Safety Components' defense division makes projectiles and other metal
components used to produce small-to-medium-caliber military ammunition.


SYCAMORE NETWORKS: Stull Stull Files Securities Suit In S.D. New York
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Stull, Stull & Brody filed a class action lawsuit in the United States
District Court for the Southern District of New York, on behalf of
purchasers of Sycamore Networks, Inc. (NASDAQ:SCMR) common stock between
October 21, 1999 and June 28, 2001, inclusive.

The complaint alleges that defendants violated the federal securities laws
by issuing and selling Sycamore common stock without disclosing to investors
that some of the underwriters in the offering, including the lead
underwriters, had solicited and received excessive and undisclosed
commissions from certain investors.

For more details, contact: Stull, Stull & Brody through Tzivia Brody, Esq.
by Phone: 1-800-337-4983 (toll free) by E-mail: SSBNY@aol.com by Fax:
212/490-2022 or by Mail: 6 East 45th Street, New York, NY 10017


TIBCO SOFTWARE: Cauley Geller Begins Securities Suit In S.D. New York
---------------------------------------------------------------------
Cauley Geller Bowman & Coates, LLP filed a class action in the United States
District Court for the Southern District of New York on behalf of purchasers
of Tibco Software, Inc. (Nasdaq: TIBX) securities during the period between
July 13, 1999 and December 6, 2000, inclusive.

The complaint charges the following defendants with violations of Sections
11, 12(a) (2) and 15 of the Securities Act of 1933 and Section 10(b) of the
Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder:

     (i) Tibco,

    (ii) Goldman Sachs & Co.,

   (iii) Bear Stearns & Co., Inc.,

    (iv) BancBoston Robertson Stephens, and

     (v) Credit Suisse First Boston Corporation

For more information, contact: CAULEY GELLER BOWMAN & COATES, LLP through
its Client Relations Department: Jackie Addison, Sue Null or Charlie
Gastineau by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone:
1-888-551-9944 (toll free) or by E-mail: info@classlawyer.com


TREX COMPANY: Cauley Geller Commences Securities Suit In W.D. Virginia
----------------------------------------------------------------------
Cauley Geller Bowman & Coates, LLP filed a class action in the United States
District Court for the Western District of Virginia on behalf of purchasers
of Trex Company, Inc. (NYSE: TWP) publicly traded securities during the
period between November 2, 2000 and June 18, 2001, inclusive.

The complaint charges Trex and certain of its officers and directors with
violating the federal securities laws by issuing a series of material
misrepresentations to the market during the Class Period, thereby
artificially inflating the price of Trex securities.

For further details, contact: CAULEY GELLER BOWMAN & COATES, LLP through its
Client Relations Department: Jackie Addison, Sue Null or Charlie Gastineau
by Mail: P.O. Box 25438, Little Rock, AR 72221-5438 by Phone: 1-888-551-9944
(toll free) or by E-mail: info@classlawyer.com


TRIAD HOSPITALS: Expects Dismissal Of Suit After Reaching April Deal
--------------------------------------------------------------------
Triad Hospitals, Inc. recently informed the Securities and Exchange
Commission that it has already negotiated a settlement that will result in
the dismissal of the class action filed against the Company and its
officers.

In its regulatory filing, the Company revealed that the settlement was
reached last April.

Members of the Company's board of directors were sued in October last year
for breach of fiduciary duties and failure to implement reasonable
procedures to maximize stockholder value and obtain the highest price
reasonably available for the stockholders.

The complaint seeks an injunction preventing consummation of the merger, or
the Company's acquisition by or business combination with any third party,
until the Company adopts and implements a procedure or process, such as an
auction, to obtain the highest possible price for the Company's business.

Triad Hospitals is one of the largest hospital operators in the US,
operating some 50 hospitals and 14 outpatient surgery centers in nearly 20
Sunbelt and western states.

Most of its hospitals are in smaller cities, where they face little
competition; almost half are in Arizona and Texas.


UNO RESTAURANT: Motion To Dismiss DE Shareholders Suit Still Undecided
----------------------------------------------------------------------
A motion to dismiss the shareholders suit against Uno Restaurant Corporation
remains undecided by the Court of Chancery of the State of Delaware.

In its latest regulatory filing with the Securities and Exchange Commission,
the Company expressed uncertainty as to how this suit will end up.

Shareholders filed the suit against the Company and members of its senior
management in October last year following a proposal by Chairman Aaron D.
Spencer to acquire all the outstanding shares of the Company not currently
owned by him.

Spencer and his family control more than 60% of the company.

The Complaint alleges that the intention of the acquisition plan was to
freeze out the Company's public shareholders in order to capture for
themselves the Company's future potential without paying an adequate or fair
price to the public shareholders.

Accordingly, this move constituted breach of fiduciary duties to the public
shareholders.

Uno Restaurant Corporation runs a chain of 180 Pizzeria Uno...Chicago Bar &
Grill casual dining restaurants featuring deep-dish pizza, pasta, steak, and
chicken dishes.

The company owns and operates 110 of the eateries; 60 are run by
franchisees.  Its restaurants are located in 30 states, Puerto Rico, and
South Korea.


VIANT CORPORATION: Stull Stull Begins Securities Suit In S.D. New York
----------------------------------------------------------------------
Stull, Stull & Brody filed Wednesday a class action lawsuit in the United
States District Court for the Southern District of New York, on behalf of
purchasers of Viant Corporation  (NASDAQ:VIAN) common stock between June 17,
1999 and July 13, 2001, inclusive.

The complaint alleges that defendants violated the federal securities laws
by issuing and selling Viant common stock pursuant to the June 17, 1999 IPO
without disclosing to investors that some of the underwriters in the
offering, including the lead underwriters, had solicited and received
excessive and undisclosed commissions from certain investors.

For further information, contact: Stull, Stull & Brody through Tzivia Brody,
Esq. by Phone: 1-800-337-4983 (toll free) or by E-mail: SSBNY@aol.com by
Fax: 212/490-2022 or by Mail: 6 East 45th Street, New York, NY 10017


XEROX CORPORATION: Adverse Ruling By Judge May Force Payment Of $300M
---------------------------------------------------------------------
A ruling recently by a federal court that Xerox Corporation's pension plan
was flawed may force the company to pay as much as $300 million to its
retirees, the Reuters News Agency reported recently.

In any event, at least 25,000 former Xerox workers may receive between $100
million and $300 million, in a formal decision expected within the next few
months, the report said.

Xerox has practiced giving lump-sum compensation to its workers who retire.

A Xerox spokesman said the Company's retirement calculations were proper. He
said the company would appeal the ruling.

U.S. District Court for the Southern District of Illinois Judge David R.
Herndon handed the decision last July 3.

The judge said that Xerox incorrectly calculated "lump sum" retirement
payments given to departing employees, resulting in lower payments than the
workers were due under federal pension-benefits rules.



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S U B S C R I P T I O N   I N F O R M A T I O N

Class Action Reporter is a daily newsletter, co-published by Bankruptcy
Creditors' Service, Inc., Trenton, New Jersey, and Beard Group, Inc.,
Washington, D.C.  Enid Sterling, Larri-Nil Veloso and Lyndsey Resnick,
Editors.

Copyright 2001.  All rights reserved.  ISSN 1525-2272.

This material is copyrighted and any commercial use, resale or publication
in any form (including e-mail forwarding, electronic
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Information contained herein is obtained from sources believed to be
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