In re Juniper Networks, Inc. Securities Litigation

264 F.R.D. 584, 2009 U.S. Dist. LEXIS 101192, 2009 WL 3353321
CourtDistrict Court, N.D. California
DecidedOctober 16, 2009
DocketNo. C 06-04327 JW
StatusPublished
Cited by14 cases

This text of 264 F.R.D. 584 (In re Juniper Networks, Inc. Securities Litigation) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Juniper Networks, Inc. Securities Litigation, 264 F.R.D. 584, 2009 U.S. Dist. LEXIS 101192, 2009 WL 3353321 (N.D. Cal. 2009).

Opinion

AMENDED ORDER GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

JAMES WARE, District Judge.

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 against Juniper and certain of Juni[586]*586per’s senior officers and directors (collectively, “Defendants”).1 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 Lead Plaintiff New York City Pension Funds’ Motion for Class Certification, (hereafter, “Motion,” Docket Item No. 218.) The Court conducted a hearing on September 14, 2009. Based on the papers submitted to date and oral argument of counsel, the Court GRANTS Lead Plaintiffs Motion.2

II. BACKGROUND

A. Factual Allegations

In an Amended Consolidated Class Action Complaint (“ACC”) filed on April 9, 2007,3 Plaintiffs allege as follows:

Lead Plaintiff is New York City Pension Funds. (ACC ¶ 27.) Defendant Juniper is an Internet networking equipment company which makes routers and other equipment that direct data traffic over computer networks. (Id. ¶34.) Its principal place of business is in Sunnyvale California. (Id.) Defendant Kriens has served as Chief Executive Officer (“CEO”) and Chairman of Juniper since October 1996. (Id. ¶ 36.) Defendant Sindhu co-founded Jumper in February 1996 and served as CEO and Chairman until September 1996. Since that time, Sindhu has served as Juniper’s Chief Technical Officer (“CTO”) and as Vice Chairman. (Id. ¶ 39.) Defendant Gani served as Juniper’s Chief Financial Officer (“CFO”) from February 1997 and as Executive Vice President and CFO of the Company from July 2002 through December 31, 2004. (Id. ¶42.) Beginning January 1, 2005, Gani assumed the position of Juniper’s Chief of Staff. (Id.) The other directors who sat on the board and the accounting firm Juniper had as an independent auditor during the relevant time period are also named as Defendants. (Id. ¶¶ 46-56.)

Defendants materially misrepresented and concealed backdating and other accounting improprieties regarding the option grants Juniper issued between July 12, 2001 and August 10, 2006. (ACC ¶ 10.) These actions caused the Company’s financial statements to violate generally accepted accounting principles (“GAAP”) by understating compensation expenses and overstating profits over Juniper’s seven year life as a public company, which resulted in Juniper’s stock price being artificially inflated throughout the Class Period. (Id. ¶ 2.)

On August 10, 2006, Juniper admitted that it would have to restate financial results from 2003 through March 2006. (ACC ¶ 15.) On December 20, 2006, Juniper admitted that it would incur a $900 million expense as a result of correcting the improper accounting of its option grants. (Id. ¶ 17.)

B. Procedural History

On July 14, 2006, Robert Garber filed a Complaint (the “Garber Complaint”) on behalf of himself and all those who acquired Juniper securities between September 1, 2003 and May 22, 2006. On November 20, 2006, the Court consolidated the Garber Complaint with another case filed against Juniper and the Individual Defendants, and named New York City Pension Funds as the Lead Plaintiff. (See Docket Item No. 64.)

The operative complaint is the Amended Consolidated Class Action Complaint, in which Plaintiffs allege the following six causes of action: (1) Making false and misleading statements regarding Juniper’s options granting practices in violation of [587]*587§ 10(b) of the Exchange Act and SEC Rule 10b-5 against Jumper, Kriens, Sindhu, and Gani; (2) Control person liability under § 20(a) of the Exchange Act for § 10(b) violations against the Individual Defendants; (3) Submitting false registration statements related to the Netscreen Registration statement in violation of § 11 of the Securities Act against all Defendants; (4) Control person liability under § 15 of the Securities Act for § 11 violations related to the Netscreen Registration statement against the Individual Defendants; (5) Submitting false registration statements related to the 2003 Notes Offering in violation of § 11 of the Securities Act against all Defendants except Ernst & Young LLP, Calderoni, and Goldman; and Control person liability under § 15 of the Securities Act for § 11 violations related to the 2003 Notes Offering against the Individual Defendants except Calderoni and Goldman.

On March 31, 2008, the Court granted in part and denied in part Defendants’ Motion to Dismiss. (Docket Item No. 133.) The Court dismissed Plaintiffs’ claim for securities fraud under § 10(b) against Defendant Sindhu with leave to amend, and dismissed Plaintiffs’ § 10(b) claim with prejudice as time-barred to the extent it was based on representations made prior to July 14, 2001. (Id. at 17.)

Presently before the Court is Lead Plaintiffs Motion for Class Certification.

III. STANDARD

The decision to certify a class is committed to the discretion of the district court within the guidelines of Federal Rule of Civil Procedure 23. See Fed.R.Civ.P. 23; Doninger v. Pac. Nw. Bell, Inc., 564 F.2d 1304, 1309 (9th Cir.1977). The party seeking class certification bears the burden of establishing that each of the four requirements of Rule 23(a) and at least one requirement of Rule 23(b) have been met. Dukes v. Wal-Mart, Inc., 509 F.3d 1168, 1176 (9th Cir.2007) (citing Zinser v. Accufix Research Inst., Inc., 253 F.3d 1180, 1186 (9th Cir.2001), amended, 273 F.3d 1266 (9th Cir.2001)). A district court may certify a class only if, after “rigorous analysis,” it determines that the prerequisites of Rule 23(a) have been satisfied. General Tel. Co. of the Sw. v. Falcon, 457 U.S. 147, 161, 102 S.Ct. 2364, 72 L.Ed.2d 740 (1982).

In reviewing a motion for class certification, a court generally is bound to take the substantive allegations of the complaint as true. In re Coordinated Pretrial Proceedings in Petroleum Prods. Antitrust Litig., 691 F.2d 1335, 1342 (9th Cir.1982) (citing Blackie v. Barrack, 524 F.2d 891, 901 (9th Cir.1975)). However, the court may look beyond the pleadings to determine whether the requirements of Rule 23 have been met. See Hanon v. Dataproducts Corp.,

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264 F.R.D. 584, 2009 U.S. Dist. LEXIS 101192, 2009 WL 3353321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-juniper-networks-inc-securities-litigation-cand-2009.