-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, AzoiSsJc5LFzYwVRVz4AK1k8QaEN0fVx9frg4bOmTL//JMrama35bai/631BjhtO ZfEWwecB+FOAu2ngnvu4HQ== 0000950134-05-011748.txt : 20050611 0000950134-05-011748.hdr.sgml : 20050611 20050609171901 ACCESSION NUMBER: 0000950134-05-011748 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050609 ITEM INFORMATION: Other Events FILED AS OF DATE: 20050609 DATE AS OF CHANGE: 20050609 FILER: COMPANY DATA: COMPANY CONFORMED NAME: MCKESSON CORP CENTRAL INDEX KEY: 0000927653 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-DRUGS PROPRIETARIES & DRUGGISTS' SUNDRIES [5122] IRS NUMBER: 943207296 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-13252 FILM NUMBER: 05888206 BUSINESS ADDRESS: STREET 1: ONE POST ST STREET 2: MCKESSON PLAZA CITY: SAN FRANCISCO STATE: CA ZIP: 94104 BUSINESS PHONE: 4159838300 MAIL ADDRESS: STREET 1: ONE POST ST CITY: SAN FRANCISCO STATE: CA ZIP: 94104 FORMER COMPANY: FORMER CONFORMED NAME: MCKESSON HBOC INC DATE OF NAME CHANGE: 19990115 FORMER COMPANY: FORMER CONFORMED NAME: MCKESSON CORP DATE OF NAME CHANGE: 19950209 FORMER COMPANY: FORMER CONFORMED NAME: SP VENTURES INC DATE OF NAME CHANGE: 19940728 8-K 1 f09566e8vk.htm FORM 8-K e8vk
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 or 15 (d) of
The Securities Exchange Act of 1934

Date of Report: June  9, 2005
(Date of earliest event reported)

McKesson Corporation

(Exact name of registrant as specified in its charter)
         
Delaware   1-13252   94-3207296
         
(State of
incorporation)
  (Commission
File Number)
  (IRS Employer
Identification No.)
     
McKesson Plaza, One Post Street, San Francisco, CA   94104
     
(Address of principal executive offices)   (Zip Code)
     
(415) 983-8300
 
(Registrant’s telephone number, including area code)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 40.13e-4(c))

 
 

 


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Item 8.01 Other Events
SIGNATURES
EXHIBIT 99.1


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Item 8.01 Other Events

By order dated May 20, 2005 and received by the Company on May 25, 2005, Judge Ronald M. Whyte denied “without prejudice” preliminary approval of the previously announced proposed settlement of the consolidated class action pending in the U.S. District Court for the Northern District of California. The order expressed the court’s objection to two non-monetary provisions of the settlement. The Company is working with Lead Plaintiff in the action in an effort to fully address and resolve the court’s objections.

(c)   Exhibits

     
EXHIBIT NUMBER   DESCRIPTION
99.1
  Order Denying Preliminary Approval of Class Action Settlement

 


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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

         
    McKesson Corporation
      (Registrant)
 
       
Date: June 9, 2005
  By:   /s/ Ivan D. Meyerson
       
      Ivan D. Meyerson
Executive Vice President,
General Counsel and Secretary

 

EX-99.1 2 f09566exv99w1.htm EXHIBIT 99.1 exv99w1
 

Exhibit 99.1
 
FILED                            
May 23, 2005                      
 
RICHARD W. WIEKING            
CLERK, U.S. DISTRICT COURT        
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE                            

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

 

In re McKESSON HBOC, INC.
SECURITIES LITIGATION

NO. C-99-20743 RMW
And Related Cases

ORDER DENYING PRELIMINARY
APPROVAL OF CLASS ACTION
SETTLEMENT

[Re Docket No. 1230]



     As set forth below, the court denies without prejudice approval of the proposed class action settlement between Lead Plaintiff, McKesson and HBOC. The court will issue an order on its return further detailing its reasoning, however, due to its scheduled unavailability, it wanted to alert the parties as to its major concerns with the Revised Proposed Final Judgment and Order of Dismissal.

     First, the PSLRA does seem to occupy the field with respect to the judgment reduction formula and does not provide for a per claim determination of liability. Rather, the PSLRA provision appears to require a determination of overall percentage of fault with respect to all violators of securities law who contributed to plaintiffs loss. 15 U.S.C. §§78u-4(f)(3)&(7)(A). Accordingly, the court cannot approve the judgment reduction provision set forth in the Revised Proposed Judgment at paragraph 11.

     Second, it appears that the contribution bar section of the PSLRA, id. §78u-4(f)(7)(A), is intended to bar contribution claims based a percentage of responsibility of persons contributing to the total loss incurred by the plaintiff and is not intended to bar claims for contractual indemnity. Therefore

ORDER DENYING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT — C-99-20743 RMW

 


 

the scope of the proposed bar order set forth in paragraph 9 of the Revised Proposed Judgment appears to exceed that contemplated by the PSLRA.

         
DATED:
  5/20/05   /s/ Ronald M. Whyte
       
      RONALD M. WHYTE
United States District Judge

ORDER DENYING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT — C-99-20743 RMW

2

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