Kelly

Kelly v. Electronic Arts, Inc.

Good Law

71 F. Supp. 3d 1061·2014 WL 5361641·2014 U.S. Dist. LEXIS 149555

United States District Court, Northern District of CaliforniaOctober 20, 2014No. C 13-05837 SICalifornia4,619 words

Opinion

Lead Opinion

Illston, J.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFFS’ CONSOLIDATED CLASS ACTION COMPLAINT WITH LEAVE TO AMEND

Now before the Court is defendants’ motion to dismiss plaintiffs’ Consolidated *1063 Class Action Complaint. For the reasons set forth below, the Court GRANTS defendants’ motion to dismiss, with leave to amend.

BACKGROUND

This is a securities fraud class action against defendant Electronic Arts, Inc. (“EA”) and certain of its officers and executives 2 under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and corresponding SEC Rule 10b-5. Compl. ¶¶ 1, 157. Lead plaintiffs Ryan Kelly and Louis Mastro bring suit on behalf of all persons who purchased EA common stock between May 8, 2013 and December 5, 2013 (“class period”). Id. ¶¶ 1,19.

I. EA’s Battlefield 4 (“BF4”)

EA is a multinational developer, marketer, and distributor of video games. Id. ¶ 28. EA is currently the world’s third-largest gaming company after Nintendo and Activision. Id. Since its founding, EA has released a diverse portfolio of successful video games, including FIFA, Madden, NBA Live, and Battlefield. Id. ¶¶ 28-29; Defendants’ Request for Judicial Notice (“RJN”), Ex. F at 6. 3…

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