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IN the UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT of NEW YORK Civil Action No. COMPLAINT MONTANA BOARD of INVESTMENT

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IN the UNITED STATES DISTRICT COURT for the SOUTHERN DISTRICT of NEW YORK Civil Action No. COMPLAINT MONTANA BOARD of INVESTMENT IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK MONTANA BOARD OF INVESTMENTS; Civil Action No. --- TEACHER RETIREMENT SYSTEM OF TEXAS; CALIFORNIA PUBLIC COMPLAINT EMPLOYEES' RETIREMENT SYSTEM; CALIFORNIA STATE TEACHERS' JURY TRIAL DEMANDED RETIREMENT SYSTEM; THE REGENTS OF THE UNIVERSITY OF CALIFORNIA; ARIZONA STATE RETIREMENT SYSTEM; CAISSE DE D:EPOT ET PLACEMENT DU QUEBEC; THRIVENT LARGE CAP GROWTH PORTFOLIO (f/k/a Lutheran Brotherhood Employees' Equities Fund); THRIVENT LARGE CAP GROWTH PORTFOLIO (f/k/a/ Growth Portfolio); THRIVENT LARGE CAP GROWTH PORTFOLIO (f/k/a Investors Growth Portfolio); THRIVENT FINANCIAL FOR LUTHERANS FOUNDATION (f/k/a Lutheran Brotherhood Foundation); THRIVENT FINANCIAL FOR LUTHERANS (f/k/a Lutheran Brotherhood); THRIVENT LARGE CAP STOCK FUND (f/k/a Lutheran Brotherhood Fund); THRIVENTLARGECAPGROWTHFUND (:f/k/a Lutheran Brotherhood Growth Fund); THRIVENTLARGECAPVALUEFUND (f/k/a Lutheran Brotherhood Value Fund); THRIVENT LARGE CAP VALUE PORTFOLIO (f/k/a Value Portfolio); THRIVENT LARGE CAP VALUE PORTFOLIO (f/k/a Equity Income Portfolio); THRIVENT LARGE CAP GROWTH FUND (f/k/a The AAL Aggressive Growth Fund); THRIVENT LARGE CAP GROWTH FUND (f/k/a The AAL Technology Stock Fund); THRIVENT LARGE CAP GROWTH PORTFOLIO (:f/k/a AAL Aggressive Growth Portfolio); THRIVENT BALANCED FUND (f/k/a The AAL Balanced Fund); THRIVENT LARGE CAP STOCK FUND (f/k/a The AAL Ca ital Growth Fund); THRIVENT LARGE CAP VALUE FUND (f/k/a The AAL Equity Income Fund); THRIVENT LARGE CAP STOCK PORTFOLIO (f/k/a Capital Growth Portfolio); THRIVENT PARTNER TECHNOLOGY PORTFOLIO (f/k/a Technology Stock Portfolio); THRIVENT LARGE CAP INDEX FUND-I (f/k/a The AAL Large Company Index Fund); THRIVENT LARGE CAP INDEX FUND (f/k/a The AAL Large Company Index Fund II); THRIVENT BALANCED PORTFOLIO (f/k/a Balanced Portfolio); AND THRIVENT LARGE CAP INDEX PORTFOLIO (f/k/a Large Company Index Portfolio); AMERICAN CENTURY MUTUAL FUNDS, INC. - GROWTH FUND; AMERICAN CENTURY MUTUAL FUNDS, INC. - SELECT FUND; AMERICAN CENTURY MUTUAL FUNDS, INC. - ULTRA FUND; AMERICAN CENTURY MUTUAL FUNDS, INC. - BALANCED FUND; AMERICAN CENTURY MUTUAL FUNDS, INC. - CAPITAL VALUE FUND; AMERICAN CENTURY MUTUAL FUNDS, INC. - FUNDAMENTAL EQUITY FUND; AMERICAN CENTURY MUTUAL FUNDS, INC. - CAPITAL GROWTH FUND; AMERICAN CENTURY VARIABLE PORTFOLIOS, INC. - VP BALANCED FUND; AMERICAN CENTURY VARIABLE PORTFOLIOS, INC. - VP VALUE FUND; AMERICAN CENTURY VARIABLE PORTFOLIOS, INC. - VP INCOME & GROWTH FUND; AMERICAN CENTURY VARIABLE PORTFOLIOS, INC. - VP ULTRA FUND; AMERICAN CENTURY VARIABLE PORTFOLIOS, INC. - VP LARGE COMPANY VALUE FUND; AMERICAN CENTURY WORLD MUTUAL FUNDS, INC. - GLOBAL GROWTH FUND; AMERICAN CENTURY WORLD MUTUAL FUNDS, INC. - LIFE SCIENCES FUND; AMERICAN CENTURY CAPITAL PORTFOLIOS, INC. - EQUITY INCOME FUND; AMERICAN CENTURY CAPITAL PORTFOLIOS, INC. - VALUE FUND; AMERICAN CENTURY CAPITAL PORTFOLIOS, INC. - EQUITY INDEX FUND; AMERICAN CENTURY CAPITAL PORTFOLIOS, INC. - LARGE COMPANY VALUE FUND; AMERICAN CENTURY STRATEGIC ASSET ALLOCATIONS, INC. - STRATEGIC ALLOCATION: CONSERVATIVE FUND; AMERICAN CENTURY STRATEGIC ASSET ALLOCATIONS, INC. - STRATEGIC ALLOCATION: MODERATE FUND; AMERICAN CENTURY STRATEGIC ASSET ALLOCATIONS, INC. - STRATEGIC ALLOCATION: AGGRESSIVE FUND; AMERICAN CENTURY QUANTITATIVE EQUITY FUNDS, INC. - INCOME AND GROWTH FUND; AMERICAN CENTURY QUANTITATIVE EQUITY FUNDS, INC. - EQUITY GROWTH FUND; AMERICAN CENTURY TOTAL RETURN EQUITY; AMERICAN CENTURY INVESTMENT MANAGEMENT, INC. – PIGSLG; PITT COUNTY MEMORIAL HOSPITAL; MARY REYNOLDS BABCOCK FOUNDATION; DOMINICAN CONVENT OF OUR LADY OF THE ROSARY; FRANCISCAN SISTERS OF THE ATONEMENT INC.; CONGREGATION OF THE SISTERS OF ST. JOSEPH OF SPRINGFIELD INC.; SISTERS OF SAINT URSULA OF THE BLESSED VIRGIN; ELI BROWN & SONS, INC.; BOYD DE BROSSARD; THE DOLPHIN TRUST; SHARON B. DRAGER, MD P.C. PROFIT SHARING PLAN; LW & JW, LLC; PRESENTATION CAPITAL ASSET PROGRAM II; ELEANOR MILLER ALGER TTEE FBO JANE MILLER ROSS; JANE MILLER ROSS; MR. ROBERT GRAFF; JUDY LEY ALLEN; ST. THOMAS CHURCH GENERAL FUND A/C #2; KAISER PERMANENTE RETIREMENT PLAN; SISTERS OF THE HOLY CROSS INC.; FRANCISCAN SISTERS OF THE POOR FDN INC.; ANDREW JAY - HOON KIM LLC; LOS ANGELES DEPT. WATER & POWER EMPLOYEE RETIREMENT; TEAMSTERS LOCAL 500 SEVERANCE TRUST FUND; JOSEPH G. TIMPONE IRA ROLLOVER; THE JOINT INVESTMENT COMMITTEE OF THE CITY OF WICHITA RETIREMENT SYSTEMS; NORAMCO QUALITY FUNDS USA – ALGER; ALGER SPECTRA FUND, INC.; THE ALGER INSTITUTIONAL FUNDS - ALGER LARGE CAP GROWTH INSTITUTIONAL FUND; THE ALGER INSTITUTIONAL FUNDS - ALGER CAPITAL APPRECIATION INSTITUTIONAL FUND; THE ALGER FUNDS - ALGER GREEN FUND; THE ALGER INSTITUTIONAL FUNDS - ALGER BALANCED INSTITUTIONAL FUND; THE ALGER FUNDS - ALGER CAPITAL APPRECIATION FUND; THE ALGER FUNDS - ALGER GROWTH & INCOME FUND; THE ALGER FUNDS - ALGER HEALTH SCIENCES FUND; THE ALGER FUNDS - ALGER LARGE CAP GROWTH FUND; THE ALGER PORTFOLIOS - ALGER GROWTH & INCOME PORTFOLIO; THE ALGER PORTFOLIOS - ALGER LARGE CAP GROWTH PORTFOLIO; THE ALGER PORTFOLIOS - ALGER BALANCED PORTFOLIO; THE ALGER PORTFOLIOS - ALGER CAPITAL APPRECIATION PORTFOLIO; ALGER SICAV - THE ALGER AMERICAN ASSET GROWTH FUND; ALGER SICAV - ALGER U.S. LARGECAP FUND; JANUS FUND; JANUS TWENTY FUND; JANUS GROWTH AND INCOME FUND; JANUS WORLDWIDE FUND; JANUS BALANCED FUND; JAD INTECH RISK- MANAGED GROWTH FUND; JAD INTECH RISK-MANAGED CORE FUND; INTECH U.S. CORE FUND; JANUS RESEARCH FUND; JAD LARGE CAP GROWTH FUND; JAD GROWTH & INCOME FUND; JANUS FORTY FUND; JAD BALANCED FUND; JAD RESEARCH CORE FUND; JAD WORLDWIDE FUND; JANUS RESEARCH CORE FUND; JAS LARGE CAP GROWTH PORTFOLIO; JANUS ASPEN WORLDWIDE PORTFOLIO; JANUS ASPEN BALANCED PORTFOLIO; JANUS GLOBAL LIFE SCIENCES FUND; JANUS ORION FUND; JCF US ALL CAP GROWTH FUND; JCF US BALANCED FUND; JCF US TWENTY FUND; JCF GLOBAL LIFE SCIENCES FUND; JCF US RESEARCH FUND; JCF INTECH US RISK MANAGED CORE FUND; JCMLLC - INTECH RISK- MANAGED GLOBAL CORE; INTECH U.S. LARGE CAP VALUE FUND SEED ACCOUNT; JANUS INSTITUTIONAL SELECT GROWTH PORTFOLIO; INTECH US ENHANCED PLUS FUND LLC; INTECH US BROAD LARGE CAP GROWTH FUND LLC; JANUS INSTITUTIONAL LARGE CAP GROWTH PORTFOLIO; COLLEGE RETIREMENT EQUITIES FUND - STOCK ACCOUNT; TIAA-CREF MUTUAL FUNDS - EQUITY INDEX FUND (f/k/a TIAA-CREF Institutional Mutual Funds); TIAA-CREF MUTUAL FUNDS - GROWTH & INCOME FUND (f/k/a TIAA-CREF Institutional Mutual Funds); TIAA-CREF MUTUAL FUNDS - GROWTH EQUITY FUND (f/k/a TIAA-CREF Institutional Mutual Funds); TIAA-CREF MUTUAL FUNDS - SOCIAL CHOICE EQUITY FUND (f/k/a TIAA- CREF Institutional Mutual Funds); TIAA- CREF ASSET MANAGEMENT COMMINGLED FUNDS TRUST I - ANALYSTS PORTFOLIO FUND; TIAA- CREF ASSET MANAGEMENT COMMINGLED FUNDS TRUST I – LARGE-CAP VALUE FUND; TIAA-CREF ASSET MANAGEMENT COMMINGLED FUNDS TRUST I - LARGE-CAP GROWTH FUND; TIAA SEPARATE ACCOUNT VA- 1 - STOCK INDEX ACCOUNT; TIAA- CREF FUNDS - TIAA-CREF EQUITY INDEX FUND; TIAA-CREF FUNDS - TIAA-CREF GROWTH & INCOME FUND; TIAA-CREF FUNDS - TIAA-CREF GROWTH EQUITY FUND; TIAA-CREF FUNDS - TIAA-CREF LARGE-CAP VALUE FUND; TIAA-CREF FUNDS - TIAA-CREF LARGE-CAP VALUE INDEX FUND; TIAA-CREF FUNDS - TIAA-CREF S&P 500 INDEX FUND; TIAA-CREF FUNDS - TIAA-CREF SOCIAL CHOICE EQUITY FUND; TIAA-CREF LIFE FUNDS - GROWTH & INCOME FUND; AND TIAA-CREF LIFE FUNDS - GROWTH EQUITY FUND, PLAINTIFFS, v. PFIZER INC.; HENRY A. McKINNELL; JOHN L. LaMATTINA; KAREN L. KATEN; JOSEPH M. FECZKO; AND GAIL CAWKWELL, DEFENDANTS. TABLE OF CONTENTS I. INTRODUCTION .............................................................................................................. 1 II. NATURE AND SUMMARY OF THE ACTION .............................................................. 2 III. JURISDICTION AND VENUE ....................................................................................... 18 IV. THE PARTIES.................................................................................................................. 18 A. Plaintiffs ................................................................................................................ 18 B. Defendants ............................................................................................................ 26 V. PFIZER DEVELOPS CELEBREX AND BEXTRA AS A SAFE ALTERNATIVE TO TRADITIONAL NSAIDS ............................................................. 31 A. The Safety Risks Associated With Traditional, Non-Selective NSAIDs ................................................................................................................. 31 B. Discovery Of The COX-2 Enzyme Raises Hopes For A Selective NSAID That Is Safer Than Traditional Pain Killers ............................................. 32 C. Pfizer Enters The Race For The First COX-2 Inhibitor ........................................ 33 D. Pfizer Successfully Launches Celebrex In 1999 ................................................... 38 E. Pfizer Successfully Launches Bextra In 2001 ...................................................... 39 F. Pfizer Significantly Increases Its Financial Stake In The COX-2 Market ................................................................................................................... 40 G. Celebrex And Bextra Become Critical To Pfizer’s Overall Financial Results ................................................................................................... 41 VI. DEFENDANTS CONSISTENTLY EMPHASIZE THE CARDIOVASCULAR SAFETY AND COMMERCIAL IMPORTANCE OF CELEBREX AND BEXTRA .........................................................
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