1 United States District Court Southern District of New
Case 1:13-cv-07060-CM-KHP Document 488 Filed 01/26/21 Page 1 of 45 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK MARVIN PEARLSTEIN, Individually And On Behalf of All Others Similarly Situated, Plaintiffs, No. 13 Civ. 7060 (CM) -against- BLACKBERRY LIMITED (F/K/A RESEARCH IN MOTION LIMITED), THORSTEN HEINS, BRIAN BIDULKA, and STEVE ZIPPERSTEIN, Defendants. ORDER GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION McMahon, C.J.: On September 29, 2017, Lead Plaintiffs Todd Cox and Mary Dinzik (“Plaintiffs”) and additional Plaintiffs Yong M. Cho and Batuhan Ulug1 filed the Second Consolidated Amended Class Action Complaint (“SAC”), the operative complaint in this action, against Defendants BlackBerry Limited (“BlackBerry” or the “Company”), its former Chief Executive Officer Thorsten Heins, its former Chief Financial Officer Brian Bidulka, and its Chief Legal Officer Steve Zipperstein (collectively, “Defendants”) for violations of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., (the “Exchange Act”). (“SAC” ¶ 1, Dkt. No. 84.) Plaintiffs bring this federal securities class action on behalf of the purchasers of BlackBerry common stock between March 28, 2013 and September 20, 2013 (the “Class Period”). (Id.) They allege that Defendants made a series of materially false and misleading statements and omissions concerning the Company’s new BlackBerry 10 smartphones (“BB10s”) during the Class Period. (Id.) 1 Cho and Ulug were dismissed from this case. (See Dkt. Nos. 338, 409, 413, 417.) They appealed their dismissal to the Second Circuit, where their appeal is currently pending (No. 19-3376). 1 Case 1:13-cv-07060-CM-KHP Document 488 Filed 01/26/21 Page 2 of 45 In short, Plaintiffs allege that Defendants’ misstatements and omissions maintained the price of BlackBerry’s stock or otherwise prevented it from falling over the course of the Class Period.
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