Berry
New York City Employees' Retirement System v. Berry
Opinion
Opinion
Ware, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS
I. INTRODUCTION
Plaintiffs bring this putative securities fraud class action on behalf of investors who acquired Juniper Networks, Inc. (“Juniper”) securities between January 15, 2003 and August 10, 2006 (the “Class Period”) against Lisa Berry (“Defendant”), a former General Counsel, Vice President, and Corporate Secretary of Juniper. Plaintiffs allege that, in her capacity as a Juniper executive, Defendant engaged in the backdating of stock options and falsification of financial statements, which resulted in the systematic overstatement of Juniper’s income throughout the Class Period. Plaintiffs assert claims under §§ 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”), and under Securities and Exchange Commission (“SEC”) Rule 10b-5.
Presently before the Court is Defendant’s Motion to Dismiss Class Action Complaint, (hereafter, “Motion,” Docket Item No. 42.) The Court found it appro priate to take the matter under submission without oral argument. See Civ. L.R. 7-1(b). Based on the papers submitted to date, the Court DENIES Defendant’s Motion to Dismiss.