In Re Juniper Networks, Inc. Securities Litigation

Good Law

542 F. Supp. 2d 1037·2008 WL 938445·2008 U.S. Dist. LEXIS 68270

United States District Court, Northern District of CaliforniaMarch 31, 2008C 06-04327 JWCalifornia5,057 words

Opinion

Ware, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

This is a putative securities fraud class action brought on behalf of investors who acquired Juniper Networks, Inc. (“Juniper”) securities between July 12, 2001 and August 10, 2006 (the “Class Period”) against Juniper and certain of Juniper’s senior officers and directors (collectively, “Defendants”). Plaintiffs allege, inter alia, violations of §§ 10(b) and 20(a) of the Securities Exchange Act of 1934 (the “Exchange Act”), §§ 11 and 15 of the Securities Act of 1933 (the “Securities Act”), and Rule 10b-5 of the Securities and Exchange Commission (“SEC”) resulting from Defendants’ options backdating practices.

Presently before the Court is Defendants’ Motion to Dismiss the Amended Consolidated Class Action Complaint, (hereafter, “Motion,” Docket Item No. 84.) The Court conducted a hearing on September 10, 2007. Based on the papers submitted to date and oral arguments of counsel, the Court GRANTS in part and DENIES in part Defendants’ Motion to Dismiss.

II. BACKGROUND

A. Factual Allegations

In an Amended Consolidated Class Action Complaint filed on April 9, 2007, Plaintiffs allege as…

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