Cohen Milstein Hausfeld & Toll, P.L.L.C. Announces Class Action Lawsuit on Behalf of Shareholders Against VistaCare, Inc.WASHINGTON -- The law firm of Cohen cohen or kohen (Hebrew: “priest”) Jewish priest descended from Zadok (a descendant of Aaron), priest at the First Temple of Jerusalem. The biblical priesthood was hereditary and male. , Milstein, Hausfeld & Toll, P.L.L.C. has filed a lawsuit lawsuit: see procedure; tort. in the District of Arizona on behalf of its client seeking class action status on behalf of persons who purchased publicly traded securities of VistaCare, Inc. ("VistaCare") (Nasdaq:VSTA (operating system) VSTa - Valencia Simple Tasker. ), between November 6, 2003, and August 5, 2004, inclusive (the "Class Period'). The Complaint alleges that VistaCare, a provider of hospice hospice, program of humane and supportive care for the terminally ill and their families; the term also applies to a professional facility that provides care to dying patients who can no longer be cared for at home. services, and certain of its officers and directors, issued materially false statements concerning the Company's financial condition. Specifically, the Complaint alleges that during the Class Period, VistaCare issued quarter after quarter of record financial growth, but failed to disclose that these gains were partially the result of failing to properly reserve for its Medicare reimbursements cap in violation of Generally Accepted Accounting Principles The standard accounting rules, regulations, and procedures used by companies in maintaining their financial records. Generally accepted accounting principles (GAAP) provide companies and accountants with a consistent set of guidelines that cover both broad accounting . On August 5, 2004, VistaCare issued a press release announcing second quarter results for the quarter ending June 30. The release stated that these results were impacted by the decision to accrue To increase; to augment; to come to by way of increase; to be added as an increase, profit, or damage. Acquired; falling due; made or executed; matured; occurred; received; vested; was created; was incurred. $6.2 million in the quarter for VistaCare's annual Medicare cap reserve. On this news, VistaCare's share price declined from a closing price of $18.72 on August 5, 2004, to $15.28 on August 6, 2004, a one day decline of 18%. If you are a member of the class described above, you may, no later than October 11, 2004, move that the Court appoint you as Lead Plaintiff. A Lead Plaintiff is a class member that acts on behalf of other class members in directing the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . Although your ability to share in any recovery is not affected by the decision whether or not to seek appointment as a lead plaintiff, lead plaintiffs make important decisions which could affect the overall recovery for class members, including decisions concerning settlement. The securities laws require the Court to consider the class member(s) with the largest financial interest as presumptively pre·sump·tive adj. 1. Providing a reasonable basis for belief or acceptance. 2. Founded on probability or presumption. pre·sump the most adequate lead plaintiff(s). To be a member of the class, you need not take any action at this time. Any member of the purported pur·port·ed adj. Assumed to be such; supposed: the purported author of the story. pur·port ed·ly adv. class may move the court to serve as
Lead Plaintiff through counsel of their choice or may choose to remain
an absent class member. Your ability to share in any recovery is not,
however, affected by the decision whether or not to serve as Lead
Plaintiff. To remain an absent class member, you need not take any
action at this time.Cohen, Milstein, Hausfeld & Toll, P.L.L.C. has significant experience in prosecuting investor class actions and actions involving securities fraud. The firm has offices in Washington, D.C., New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of , and Chicago, and is active in major litigation pending in federal and state courts throughout the nation. You may visit the firm's website at www.cmht.com. The firm's reputation for excellence has been recognized on repeated occasions by courts which have appointed the firm to lead positions in complex multi-district or consolidated litigation. Cohen, Milstein, Hausfeld & Toll, P.L.L.C. has taken a lead role in numerous important cases on behalf of defrauded investors, and has been responsible for a number of outstanding recoveries which, in the aggregate, total in the billions of dollars. If you have any questions about this notice or the action, or with regard to your rights, please contact either of the following:
Steven J. Toll, Esq.
Audrey Braccio
Cohen, Milstein, Hausfeld & Toll, P.L.L.C.
1100 New York Avenue, N.W.
West Tower - Suite 500
Washington, D.C. 20005
Telephone: 888-240-0775 or 202-408-4600
E-mail: stolldc@cmht.com or abraccio@cmht.com
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