DOCSLIB.ORG

Benyamin Kohanim, Et Al. V. Blackberry Limited, Et Al. 13-CV

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Benyamin Kohanim, Et Al. V. Blackberry Limited, Et Al. 13-CV Case 1:13-cv-07132-TPG Document 12 Filed 03/25/14 Page 1 of 5 tPDCSDNY DOCUMENT UNITED STATES DISTRICT COURT ELECmONICA:ix P1St) SOUTHERN DISTRICT OF NEW YORK i _Jl ---------------------------------x jDATEF1LED:ZV('t I - MARVIN PEARLSTEIN, individually and on behalf of all others similarly situated, 13 Civ. 7060 (TPG) Plaintiff, - against - BLACKBERRY LIMITED (formerly known as RESEARCH IN MOTION LIMITED), THORSTEN HEINS, and BRIAN BIDUKKA, Defendants. ---------------------------------x BENYAMIN KOHANIM, individually and on behalf of all others similarly situated, 13 Civ. 7132 (TPG) Plaintiff, - against - BLACKBERRY LIMITED, et al., Defendants. ---------------------------------x VU TRAN, individually and on behalf of all others similarly situated, 13 Civ. 7972 (TPG) Plaintiff, - against - BLACKBERRY LIMITED, et al., ORDER Defendants. ---------------------------------x - Case 1:13-cv-07132-TPG Document 12 Filed 03/25/14 Page 2 of 5 Before the court are three separate but related class-action lawsuits against BlackBerry Limited, the telecommunications company known best for its line of BlackBerry mobile devices. Plaintiffs allege that Blackberry published a series of materially false and misleading statements regarding the company's financial projections and the new BlackBerry 10 device. Pursuant to Federal Rule of Civil Procedure 42(a), plaintiffs now move to consolidate the cases and to appoint a lead plaintiff and lead counsel pursuant to the Private Securities Litigation Reform Act ("PSLRA"), 15 U.S.C. § 78u-4. For the reasons stated more fully in court on March 14, 2014, the court (1) grants the motion to consolidate the actions filed as 13 Civ. 7060 (TPG), 13 Civ. 7132 (TPG), and 13 Civ. 7972 (TPG); appoints Todd Cox and Mary Dinzik as lead plaintiff; and appoints Kahn, Swick & Foti, LLC as lead counsel. Consolidation The court may consolidate cases "[i]f actions before the court involve a common question of law or fact." Fed. R. Civ. P. 42(a). Federal courts have routinely consolidated securities class actions in order to expedite pretrial proceedings and minimize the expenditure of time and money by all parties. See e.g . , Primavera Familienstiftung v. Askin, 173 F.R.D. 115, 129 (S.D.N.Y. 1997). These three actions arose out of the same facts and present the same questions of law. The complaints recite the relevant facts and law almost Case 1:13-cv-07132-TPG Document 12 Filed 03/25/14 Page 3 of 5 verbatim. Accordingly, the court consolidates cases 13 Civ. 7060 (TPG), 13 Civ. 7132 (TPG), and 13 Civ. 7972 (TPG). Lead Plaintiff The PSLRA directs the court to appoint as lead plaintiff the class member or members "most capable of adequately representing the interests of the class members." 15 U.S.C. § 78u-4(3)(B)(i). The most adequate plaintiff is the "person or group of persons" that (1) "has the largest financial interest in the relief sought by the class," and (2) "otherwise satisfies the requirements of Rule 23 of the Federal Rules of Civil Procedure." 15 U.S.C. § 78u-4(a)(3)(B)(iii)(I). Although the plaintiff who experienced the greatest financial loss is the presumptive lead plaintiff, this presumption may be rebutted upon proof that the presumptive lead plaintiff "will not fairly and adequately protect the interest of the class" or "is subject to unique defenses that render such plaintiff incapable of adequately representing the class." 15 U.S.C. § 78u- 4(a)(3)(B)(iii)(II). All parties agree that Linda Chang, one of the members of the Blackberry Limited Investor Group, experienced the greatest loss. However, Chang currently resides in Hong Kong. As a result, the court is concerned that Chang would not be able to meaningfully manage the litigation from abroad. This means that Chang's lawyers would likely control the litigation—precisely the opposite of Congress' intent in enacting the PSLRA. See Masters v. Wilhelmina Model Agency, Inc., 473 F.3d 423, 437 (2d Cir. 2007) (The PSLRA "was 3 Case 1:13-cv-07132-TPG Document 12 Filed 03/25/14 Page 4 of 5 designed to reform abusive securities class action litigation and to exercise supervision and control of the lawyers for the class") (citing H.R. REP. NO. 104- 369, at 32 (1995) (Conf. Rep.). In other words, Chang may not be able to adequately protect the interest of the class. Todd Cox and Mary Dinzik collectively experienced the second-greatest loss. They co-own the stock at issue and have been in a committed partnership for many years. Additionally, Cox is a sophisticated investor based in Houston, Texas. Cox thus has the incentive and the ability to exercise supervision and control of the class' lawyers. In light of these attributes, the court appoints Cox and Dinzik as lead plaintiff. Lead Counsel Under the PSLRA, "[t]he most adequate plaintiff shall, subject to the approval of the court, select and retain counsel to represent the class." 15 U.S.C. § 78u-4(a)(3)(B)(v). As their counsel, Cox and Zinzik have selected Kahn Swick & Foti, LLC. The law firm has experience litigating complex securities matters, and there is no reason to doubt its competency in handling these cases. Therefore, the court approves Kahn Swick & Foti, LLC as lead counsel Conclusion The court (1) grants the motions to consolidate the three related cases, (2) appoints Cox and Dinzik as lead plaintiff, and (3) appoints Kahn Swick & Foti, LLC as lead counsel. rd Case 1:13-cv-07132-TPG Document 12 Filed 03/25/14 Page 5 of 5 SO ORDERED. Dated: New York, New York March 25, 2014 Thomas P. Griesa U. S. District Judge .
Load more

Recommended publications
  • What's New in BES12 Cloud 711-60712-123 Published: 2016-06-20 SWD-20160620151902701 Contents
    Reference Guide What's New in BES12 Cloud 711-60712-123 Published: 2016-06-20 SWD-20160620151902701 Contents What's new in BES12 Cloud ...........................................................................5 Supported features by device type.......................................................................................................5 Compatibility and requirements.........................................................................................................11 BES12 Cloud Architecture and data flows.....................................................12 Architecture: BES12 Cloud solution................................................................................................... 12 Architecture: BES12 Cloud and BlackBerry Secure Connect Plus.......................................................14 Architecture: BES12 Cloud and the BlackBerry Gatekeeping Service................................................. 15 Architecture: Android for Work.......................................................................................................... 16 Architecture: KNOX Workspace......................................................................................................... 17 Activating devices........................................................................................ 19 Data flow: Activating a BlackBerry 10, iOS, Android, or Windows device............................................. 19 Data flow: Activating an OS X device.................................................................................................
    [Show full text]
  • 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.
    [Show full text]
  • The Mobile OS Platform War
    For the exclusive use of S. Trehan, 2021. 9-613-001 REV: APRIL 3, 2014 ALAN MACCORMACK BRIAN DUNN C H R I S F . KEMERER Research In Motion: The Mobile OS Platform War 1. Introduction New details are emerging about the rowdy behavior of two Research In Motion executives who were fired for disrupting an intercontinental flight—including that they managed to chew their way out of restraints after being handcuffed by crewmembers. [E]ach pleaded guilty to mischief for disrupting an Air Canada flight from Toronto to Beijing last week. The plane landed instead in Vancouver, where a court later ordered them to pay $72,000 in restitution. — CBC News1 At the end of 2011, this was not the sort of publicity that Research In Motion (RIM) needed. The company’s stock price, valued at over $70 a share in February, had plummeted to a low of $12.45 in December. Its leading market share had been eroded by major competitors Apple and Google, and its most recent product, the BlackBerry PlayBook tablet released in April, had flopped. Analysts were beginning to question whether the company had the capacity to survive, let alone thrive, in the very market that it had created. RIM’s flagship product, the BlackBerry smart phone running the company’s BlackBerry Operating System (OS), had enjoyed phenomenal success since its release in 2003. Focused primarily on business and government users, the BlackBerry had gained a 45% U.S. market share by 2008, making it the most popular smart phone in the country.2 More recently, however, things had changed.
    [Show full text]
  • A Comparative Analysis of Mobile Operating Systems Rina
    International Journal of Computer Sciences and Engineering Open Access Research Paper Vol.-6, Issue-12, Dec 2018 E-ISSN: 2347-2693 A Comparative Analysis of mobile Operating Systems Rina Dept of IT, GGDSD College, Chandigarh ,India *Corresponding Author: [email protected] Available online at: www.ijcseonline.org Accepted: 09/Dec/2018, Published: 31/Dec/2018 Abstract: The paper is based on the review of several research studies carried out on different mobile operating systems. A mobile operating system (or mobile OS) is an operating system for phones, tablets, smart watches, or other mobile devices which acts as an interface between users and mobiles. The use of mobile devices in our life is ever increasing. Nowadays everyone is using mobile phones from a lay man to businessmen to fulfill their basic requirements of life. We cannot even imagine our life without mobile phones. Therefore, it becomes very difficult for the mobile industries to provide best features and easy to use interface to its customer. Due to rapid advancement of the technology, the mobile industry is also continuously growing. The paper attempts to give a comparative study of operating systems used in mobile phones on the basis of their features, user interface and many more factors. Keywords: Mobile Operating system, iOS, Android, Smartphone, Windows. I. INTRUDUCTION concludes research work with future use of mobile technology. Mobile operating system is the interface between user and mobile phones to communicate and it provides many more II. HISTORY features which is essential to run mobile devices. It manages all the resources to be used in an efficient way and provides The term smart phone was first described by the company a user friendly interface to the users.
    [Show full text]
  • Blackberry UEM + Android Tailor Solutions to Your Business with Android
    Data Sheet BlackBerry UEM + Android Tailor solutions to your business with Android Android powers more smartphones in the enterprise than any mobile OS1 and most organizations around the world are using Android to get work done. Together, BlackBerry UEM and Android allow you to deploy and manage devices securely and consistently across all users in your organization. From corporate owned to employee enabled devices, BlackBerry gives you the ability to support all Android users in your enterprise. Stronger Together BlackBerry UEM brings comprehensive Unified Endpoint Management to Android. The BlackBerry UEM Advantage BlackBerry UEM offers a rich set of integrations that allow IT to manage any Android device including smartphones, tablets and task specific devices such as wearable computers in a simple consistent manner leveraging the core enterprise features found in the Android platform. Through the unified endpoint management console, policy control can be enforced across diverse and growing fleets of devices and apps. Coupled with BlackBerry’s trusted end-to-end security model, BlackBerry UEM provides the flexibility and security you need to keep your employees connected and protected. • Simplified Management: BlackBerry UEM provides a unified management console designed to simplify IT administration. • Full Breadth of Android Configuration and Deployment Options: BlackBerry UEM provides a comprehensive set of tools to provisionand manage devices and apps using Android enterprise features and services. • Networking Enhancements: BlackBerry Connectivity, powered by BlackBerry's global secure communications infrastructure, securely extends mobile access to work resources located behind the firewall, without the requirement for separate VPN infrastructure. • Familiar Environments for Users: End-users benefit from a familiar and intuitive Android user experience for mobile work applications.
    [Show full text]
  • Blackberry Limited
    UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 __________________________________________________________ FORM 40-F REGISTRATION STATEMENT PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 or ANNUAL REPORT PURSUANT TO SECTION 13(a) OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended February 28, 2017 Commission File Number 0-29898 __________________________________________________________ BlackBerry Limited (Exact name of Registrant as specified in its charter) Ontario 3661 Not Applicable (Province or other Jurisdiction (Primary Standard Industrial (I.R.S. Employer of Incorporation or Organization) Classification Code Number) Identification No) 2200 University Ave East Waterloo, Ontario, Canada, N2K 0A7 (519) 888-7465 (Address and telephone number of Registrant’s principal executive offices) BlackBerry Corporation 3001 Bishop Drive, Suite 400 San Ramon, California, USA 94583 (925) 242-5660 (Name, address and telephone number of agent for service in the United States) __________________________________________________________ Securities registered or to be registered pursuant to Section 12(b) of the Act: Title of each class Name of each exchange where registered Common Shares, without par value Toronto Stock Exchange Common Shares, without par value NASDAQ Stock Market, LLC Securities registered or to be registered pursuant to Section 12(g) of the Act: None Securities for which there is a reporting obligation pursuant to Section 15(d) of the Act: None For annual reports, indicate by check mark the information filed with this Form: Annual information form Audited annual financial statements Indicate the number of outstanding shares of each of the Registrant’s classes of capital or common stock as of the close of the period covered by this annual report.
    [Show full text]
  • Blackberry Limited (Exact Name of Registrant As Specified in Its Charter)
    UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 __________________________________________________________ FORM 40-F REGISTRATION STATEMENT PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 or ANNUAL REPORT PURSUANT TO SECTION 13(a) OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended March 1, 2014 Commission File Number 0-29898 __________________________________________________________ BlackBerry Limited (Exact name of Registrant as specified in its charter) Ontario 3,661 Not Applicable (Province or other Jurisdiction (Primary Standard Industrial (I.R.S. Employer of Incorporation or Organization) Classification Code Number) Identification No) 2200 University Ave East Waterloo, Ontario, Canada, N2K 0A7 (519) 888-7465 (Address and telephone number of Registrant’s principal executive offices) BlackBerry Corporation 5000 Riverside Drive, Suite 100E, Irving, Texas, USA 75039 (972) 650-6126 (Name, address and telephone number of agent for service in the United States) __________________________________________________________ Securities registered or to be registered pursuant to Section 12(b) of the Act: Common Shares, without par value Securities registered or to be registered pursuant to Section 12(g) of the Act: None Securities for which there is a reporting obligation pursuant to Section 15(d) of the Act: None For annual reports, indicate by check mark the information filed with this Form: Annual information form Audited annual financial statements Indicate the number of outstanding shares of each of the Registrant’s classes of capital or common stock as of the close of the period covered by this annual report. The Registrant had 526,551,953 Common Shares outstanding as at March 1, 2014.
    [Show full text]
  • Marvin Pearlstein, Et Al. V. Blackberry Limited, Et Al. 13-CV-07060-Class
    Case 1:13-cv-07060-TPG Document 1 Filed 10/04/13 Page 1 of 35 JUDGEGR1SA UNITED STATES DISTRICT COURT C1 7O6O S1)ITTI-IF1N 1UST121CT (W NkW vnuic IPA, MARVIN PEARLSTEIN, Individually And CIVIL ACTI NO. On Behalf of All Others Similarly Situated, Plaintiff, vs. CLASS ACTION COMPLAINT FOR VIOLATIONS OF FEDERAL SECURITIES LAWS BLACKBERRY LIMITED (formerly known as RESEARCH IN MOTION LIMITED), THORSTEN HEINS, and BRIAN BIDULKA, Defendants. JURY TRIAL DEMANDED NATURE OF THE ACTION Plaintiff Marvin Pearistein ("Plaintiff'), alleges the following based upon the investigation of Plaintiff's counsel, which included a review of United States Securities and Exchange Commission ("SEC") filings by BlackBerry Limited ("BlackBerry" or the "Company")', securities analysts' reports and advisories about the Company, press releases and other public statements issued by the Company and its executives, and media reports about BlackBerry. Plaintiff believes that substantial additional evidentiary support will exist for the allegations set forth herein after a reasonable opportunity for discovery. 1 On July 10, 2013, the Company changed its name from Research in Motion Limited ("RIM") to BlackBerry Limited. Case 1:13-cv-07060-TPG Document 1 Filed 10/04/13 Page 2 of 35 1. This is a securities class action brought on behalf of the purchasers of BlackBerry common stock between September 27, 2012 and September 20, 2013 (the "Class Period"), against BlackBerry and certain of its officers and/or directors (collectively, "Defendants") for violations of the Securities and Exchange Act of 1934 (the "Exchange Act"). The claims asserted herein arise from Defendants' publicly issued materially false and/or misleading during the Class Period.
    [Show full text]
  • Keep Your Business Driving Forward
    BLACKBERRY SOFTWARE ASSURANCE Keep Your Business Driving Forward Retain your investment with BlackBerry® Software Assurance. Upgrade your existing perpetual BES Client Access Licenses (CALs) and receive perpetual Enterprise Mobility Management (EMM) Corporate licenses1. Software Assurance provides Upgrade2 and Update3 rights, so you always have access to the latest software. Now you can easily support a multi-platform environment with EMM tools that enable you to manage iOS, Android® and BlackBerry® 10 devices. And, with full Upgrade and Update rights, you can effectively maximize the value of your multi-platform environment. This offer will be available January, 2014 with annual subscriptions starting upon purchase. You can purchase BlackBerry Software Assurance directly from BlackBerry or through an Authorized BlackBerry Partner. To order, use Global part Number SRV-00015-380, BlackBerry Software Assurance. What’s included with BlackBerry Software Assurance? 4 • Upgrade your existing BES perpetual licenses and receive BES 10 perpetual EMM Corporate licenses • Leverage BES10 Tools to securely manage your multi-platform environment, including iOS, Android and BlackBerry devices • Incrementally add Software licenses as needed according to your roll-out schedule in order to make the move to BES10 • Benefit from all future major Upgrades and Updates If you purchase Advantage Support or higher levels of support, BlackBerry Software Assurance is included. For more information on BlackBerry Software Assurance and BlackBerry Technical Support Services, visit www.blackberry.com/softwareassurance 1 Cannot be used to Upgrade BES Client Access Licenses (CALs) to other perpetual licenses such as EMM Regulated or Secure Work Space for iOS or Android. 2 An Upgrade is a new major version release of the covered software that provides functional enhancements at the platform-level which materially advance the software’s capabilities.
    [Show full text]
  • 1.0 Executive Summary 1.1 History of Blackberry in 1984, Mike Lazaridis
    1.0 Executive Summary 1.1 History of blackberry In 1984, Mike Lazaridis founded an electronics and computer science consulting company called Research In Motion (RIM). For years the company focused on a breakthrough technology, which they called it as the ―BlackBerry‖. It is an easy, secure, and effective device that allowed users to send and receive e-mails while away from the office. Since email had become so popular, people who were on the go needed a way to access their email without having to find a computer. RIM grew into one of the world‘s most valuable tech companies. The BlackBerry became the indispensable accessory of business executives, heads of state, and Hollywood celebrities. The first BlackBerry smart phone was developed in 2003 and in a remarkably short time, they have managed to completely change the way that people communicate. This was a device that not only functioned as a telephone but also allowed for the sending or receiving of email and text messages as well as web browsing. RIM‘s BlackBerry Messenger (BBM) instant messaging service is once popular before. The plan of BBM was to push wireless carriers to adopt as a replacement for their short text messaging system (SMS) applications. 1.2 Current competitive position Since the introduction of the BlackBerry, there was a lot of competitors have appeared on the market and now they are competing with some of the biggest companies in the telecommunications industry. This competition combined with improving technology has resulted in a huge increase in the number of functions that you will find on your BlackBerry.
    [Show full text]
  • F13 Issue 4 – November 13, 2013
    Note: This document is hosted here for archival purposes only. It does not necessarily represent the values of the Iron Warrior or Waterloo Engineering Society in the present day. 1 THE NEWSPAPER OF THE UNIVERSITY OF WATERLOO ENGINEERING SOCIETY VOLUME 34 ISSUE 14 | WEDNESDAY, NOVEMBER 13, 2013 Top Feelz Only People Addicted to Pros and Cons of Grad School The Rise of Indie Games Linkbaiting sites will Understand Page 3 Page 8 Page 13 facebook.com/TheIronWarrior twitter.com/TheIronWarrior iwarrior.uwaterloo.ca More Woes for Blackberry CEO Heins Ousted as part of $1 Billion Investment Deal VINCENT MAGAS 2A MANAGEMENT Hope, change, and the return to glory: these are just some of the things that many once believed Thorsten Heins was capable of. As time passed and the situation only got worse, the struggle finally ended. Thorsten Heins, the man thought to be capable of changing the fate of the Canadian smartphone maker once known as Research in Motion was recently ousted. Blackberry announced that Thorsten Heins has stepped down as CEO. This change in management has been part a $1 billion investment deal with Fairfax Financial Holdings, who initially wished to purchase the company back in September. Heins originally joined Blackberry (then Research in Motion) back in 2007. He assumed different roles throughout the company, notably first as senior vice president of the Blackberry Handheld Business Unit. He also acted as Chief Operating Officer of Product Engineering, and as a Chief Operating Officer of Product Sales from 2011 until he assumed his role as a CEO. It was in January 2012 when he was announced to succeed the BlackBerry company founders Jim Balsillie and Mike Lazaridis stepped down from their roles as co- CEOs.
    [Show full text]
  • Blackberry UEM Cloud Compatibility Matrix
    BlackBerry UEM Cloud Compatibility Matrix October 1, 2019 2019-10-01Z | | 2 Contents Introduction.......................................................................................................4 Legend..................................................................................................................................................................... 4 Browser.............................................................................................................5 BlackBerry Connectivity Node........................................................................... 6 Operating system................................................................................................................................................... 6 Microsoft Active Directory schema...................................................................................................................... 6 Company directory service.................................................................................................................................... 7 Samsung KNOX.................................................................................................8 Android............................................................................................................. 9 Legal notice.................................................................................................... 10 | | iii Introduction BlackBerry UEM is an enterprise mobility management solution from BlackBerry. EMM solutions help you manage mobile
    [Show full text]