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involving the non-moving issuers is stayed for ninety days pending the filing of a petition for writ of certiorari in the United States Supreme Court. On January 26, 2011, Appellant Vanessa Simmonds moved to join the underwriters’ motion and requested that the Ninth Circuit stay the mandate in all cases. On January 26, 2011, the Ninth Circuit granted Appellant’s motion and ruled that the mandate in all cases (including the Company’s and other moving issuers) is stayed for ninety days pending Appellant’s filing of a petition for writ of certiorari in the United States Supreme Court. On April 5, 2011, plaintiff filed a Petition for Writ of Certiorari with the U.S. Supreme Court seeking reversal of the Ninth Circuit’s December 2, 2010 decision relating to the adequacy of the pre-suit demand. Plaintiff’s petition was docketed by the Supreme Court on April 7, 2011. On April 15, 2011, underwriter defendants filed a Petition for Writ of Certiorari with the U.S. Supreme Court seeking reversal of the Ninth Circuit’s December 2, 2010 decision relating to the statute of limitations issue. Underwriter’s petition was docketed by the Supreme Court on April 18, 2011. On May 12, 2011, Vanessa Simmonds filed her Brief in Opposition to the underwriters’ Petition. On May 26, 2011, the moving issuer defendants filed their Brief in Opposition to Vanessa Simmonds’ Petition, and on June 6, 2011, Vanessa Simmonds filed her reply to that Brief. Management believes that the outcome of this litigation will not have a material adverse impact on our consolidated financial position and results of operations. From time to time, the Company may become subject to additional legal proceedings, claims and litigation arising in the ordinary course of business. Other than the matters discussed above, we are not a party to any other material legal proceedings, nor are we aware of any other pending or threatened litigation that would have a material adverse effect on our business, operating results, cash flows or financial condition should such litigation be resolved unfavorably. PART II Item 5. Market for Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities. Price Range of Common Stock Our common stock is publicly traded on the Nasdaq Global Market under the symbol ‘‘CPST’’. The following table sets forth the low and high sales prices for each period indicated. Year Ended March 31, 2010: First Quarter . . ....................................... Second Quarter ....................................... Third Quarter . . ....................................... Fourth Quarter . ....................................... Year Ended March 31, 2011: First Quarter . . ....................................... Second Quarter ....................................... Third Quarter . . ....................................... Fourth Quarter . ....................................... High Low $1.34 $0.60 $1.57 $0.71 $1.50 $1.07 $1.45 $1.06 $1.35 $0.97 $1.02 $0.62 $1.10 $0.73 $2.14 $0.94 As of June 7, 2011, the last reported sale price of our common stock on the Nasdaq Global Market was $1.67 per share. Stockholders As of June 7, 2011 there were 854 stockholders of record of our common stock. This does not include the number of persons whose stock is held in nominee or ‘‘street name’’ accounts through brokers. 32PDF Image | 2011 Annual Report Capstone Turbine Corporation
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