CLAYTON KILE, on Behalf of Himself : and All Others Similarly Situated, : : Plaintiff, : : : MERRILL LYNCH & CO., INC
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK : CLAYTON KILE, on Behalf of Himself : And All Others Similarly Situated, : : Plaintiff, : : : MERRILL LYNCH & CO., INC. and : HENRY BLODGET, : Defendants. : : : Plaintiff Clayton Kile (APlaintiff@) alleges the following based upon the investigation of counsel, which included a review of United States Securities and Exchange Commission (ASEC@) filings by CMGI (the ACompany@), Lycos, Inc. (ALycos@ or ALCOS@) and uBid, Inc. (AuBid@), as well as regulatory filings and reports, securities analysts= reports and advisories about CMGI, Lycos and uBid issued by Merrill Lynch & Co. (AMerrill Lynch@), press releases and other public statements issued by Merrill Lynch, and media reports about CMGI, Lycos and uBid. Plaintiff believes that substantial additional evidentiary support will exist for the allegations set forth herein after a reasonable opportunity for discovery. NATURE OF THE CLAIM 1. This is a federal securities class action brought by Plaintiff against Defendants Merrill Lynch and Henry Blodget (ABlodget@) on behalf of a class (the AClass@) consisting of all persons or entities who purchased CMGI securities from March 23, 1999 through October 6, 2000, inclusive (the AClass Period@). Plaintiff seeks to recover damages caused to the Class by Defendants= violations of Section 10(b) of the Securities Exchange Act of 1934 (the AExchange Act@), Rule 10b-5 promulgated thereunder, and Section 20(a) of the Exchange Act. 1. 2. This action arises as a result of the manipulation by means of deceptive and manipulative acts, practices, devices and contrivances, of the market price of CMGI securities with the intent, purpose and effect of creating and maintaining artificially high market prices.
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