In Re Lockheed Martin Corp. Securities Litigation

MEMORANDUM OF DECISION AND ORDER RE:

1.Motion for to Dismiss Plaintiffs’ Consolidated Third Amended Complaint

2.Request for Judicial Notice

3.Motion to Strike Portions of Plaintiffs’ Consolidated Third Amended Class Action Complaint

I. Background

A. Factual Background

This is a class action brought on behalf of purchasers of Lockheed Martin Corpo ration -(“Lockheed” or “Company”) stock between August 13, 1998 and December 23, 1998 (the “Class Period”), against Lockheed and six of its officers and directors. The individual defendants and their alleged positions during the Class Period are as follows:

(Consolidated Third Amended Complaint, September 13, 2002, ¶ 28 (“CTAC” or “Complaint”).)

Assuming the truth of Plaintiffs’ allegations, see Brody v. Transitional Hospitals Corp., 280 F.3d 997, 998 (9th Cir.2002), the facts in this case are: beginning with an August 13, 1998 conference call with market professionals, Lockheed announced that it expected to sign a significant F-16 order with the United Arab Emirates (“UAÉ”) by year-end 1998. The contract was anticipated to be for 80 F-16s, each equipped with “Block 60” technology, which included advanced electronic warfare…