In re Micron Technologies, Inc. Securities Litigation

247 F.R.D. 627, 2007 U.S. Dist. LEXIS 93193, 2007 WL 4553749
CourtDistrict Court, D. Idaho
DecidedDecember 19, 2007
DocketNo. CV-06-85-S-BLW
StatusPublished
Cited by10 cases

This text of 247 F.R.D. 627 (In re Micron Technologies, Inc. Securities Litigation) is published on Counsel Stack Legal Research, covering District Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Micron Technologies, Inc. Securities Litigation, 247 F.R.D. 627, 2007 U.S. Dist. LEXIS 93193, 2007 WL 4553749 (D. Idaho 2007).

Opinion

MEMORANDUM DECISION AND ORDER

B. LYNN WINMILL, Chief Judge.

INTRODUCTION

The Court has before it a motion for class certification filed by plaintiffs. The Court held oral argument on December 10, 2007, and took the motion under advisement. For the reasons expressed below, the Court will grant the motion.

FACTUAL BACKGROUND

This § 10(b) class action was filed by Micron shareholders allegedly injured by Micron’s participation in an illegal price-fixing conspiracy. Micron produces Dynamic Random Access Memory (DRAM) chips for use primarily in computers. Because DRAM was Micron’s principal product during the times at issue, Micron’s stock price tracked closely with the price of DRAM.

Plaintiffs allege that Micron entered into a global price-fixing conspiracy in 1999 to ensure high DRAM prices. Plaintiffs claim that Micron’s price-fixing scheme was also designed to inflate their stock price, since DRAM prices so closely tracked the stock price.

The scheme worked, plaintiffs allege, because even though computer demand was down, DRAM prices rose rapidly. At the same time, Micron’s Vice-President of Worldwide Marketing, Michael Sadler, and other Micron officials, issued public statements attributing high DRAM prices to market forces.

Plaintiffs allege that these statements were false because Micron officials knew it was illegal price-fixing, not market factors, that led to increasing DRAM prices. Plaintiffs allege that Micron’s deception had the desired effect: Micron’s stock price increased.

[631]*631On June 17, 2002, the U.S. Department of Justice (DOJ) issued a federal grand jury-subpoena to Micron, seeking documents relating to communications between DRAM manufacturers regarding the pricing and sales of DRAM chips. DOJ also issued subpoenas to the other two largest global manufacturers of DRAM, Samsung and Infineon Technologies.

A DOJ spokeswoman refused to provide any details beyond the fact that the DOJ was investigating the computer memory chip industry. Press accounts included a quote from a “federal official, speaking on condition of anonymity,” who “confirmed that the subpoenas were part of an ongoing criminal investigation.” See Exhibit 14 at p. 2. Micron publicly disclosed the service of the subpoena, and announced that it would cooperate with the DOJ, although it denied that it violated antitrust laws. See Exhibit 13.

On June 21, 2002, the Wall Street Journal reported these events, noting that the investigation “follows a sharp but brief price increase for [DRAM] earlier [in 2002].” See Exhibit 19. While prior investigations focused on dumping by foreign chip makers, recent exits by some companies reduced competition, “thereby concentrating greater pricing power in the hands of a few large suppliers.” Id. The Journal quoted earlier statements by Dell Computer’s CEO, Michael Dell, expressing alarm at the “cartel-like behavior of a couple of DRAM suppliers.” Id. Dell had concluded that the collusion was “successful for a very short period of time.” Id. The article then noted that DRAM prices “shot up to $4.50 each in [the first quarter of 2002] from an average of $1.97 each in the fourth quarter of last year.” Id. Others were not convinced that collusion was behind price movements, and they cited the inherent volatility of the DRAM market as the cause of price swings. Id.

Within the next three months, sixteen antitrust actions were filed against Micron and other producers. These suits were filed by DRAM purchasers who claimed they were victims of the high prices caused by the price-fixing. The complaints allege that in the fall of 2001, Micron and the other defendants entered into a secret agreement to reduce supply by 20%, which resulted in price hikes. See Exhibit 40. However, the complaints cite no evidence in support of these allegations.

By October 30, 2002, there were twenty-three such suits. While Micron’s stock price was $48.83 per share in March of 2001, it had dropped to $6.76 by the close of the proposed class period, February 13, 2003.

On December 17, 2003, the DOJ issued a press release revealing the details behind an obstruction of justice charge filed against a Micron manager. The manager, Alfred Cen-sullo, altered his notes of conferences with other Micron managers concerning, among other things, “prices at which competing DRAM suppliers would sell their products to major [computer makers] in upcoming price negotiations.” Id. He also concealed 14 pages “from his notebooks that contained competitor pricing information and obvious alterations____” Id. His purpose was “to disguise the nature, source, and accuracy of information ... concerning contacts and communications between DRAM suppliers relating to the pricing and sale of DRAM.” Id.

On November 11, 2004, Micron’s CEO Steve Appleton publicly admitted for the first time that the DOJ investigation revealed evidence of DRAM price-fixing by Micron employees and its competitors. Micron signed an agreement with DOJ whereby Micron would participate in the DOJ’s Corporate Leniency Policy, which provides that in exchange for Micron’s full cooperation, it would not be subject to any prosecution or penalty.

3. Class Certification Motion

Plaintiffs have brought this § 10(b)/Rule 10b-5 action to recover damages for those Micron shareholders who bought their stock at prices allegedly artificially inflated by the price-fixing. More specifically, plaintiffs propose a class defined as follows: All persons who purchased Micron’s publicly-traded securities on the open market between February 24, 2001, and February 13, 2003, excluding defendants, directors and officers of Micron, and Micron employees who participated in or had knowledge of the DRAM price-fixing conspiracy, their families and affiliates.

[632]*632ANALYSIS

1. Overview

The plaintiffs have the burden of establishing whether the proposed class satisfies the four requirements of Rule 23(a): (1) numer-osity, (2) commonality, (3) typicality, and (4) adequacy of representation. The district court must also find that at least one of the factors listed in Rule 23(b) is present. The plaintiffs are proceeding under Rule 23(b)(3), and thus must show that questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

2. Numerosity

The prerequisite of numerosity is satisfied if “the class is so large that joinder of all members is impracticable.” Fed.R.Civ.P. 23(a)(1). There is no dispute here that this requirement is met.

3. Commonality

A class has sufficient commonality if “there are questions of fact and law common to the class.” Fed.R.Civ.P. 23(a)(2). The commonality preconditions of Rule 23(a)(2) are less rigorous than the companion requirements of Rule 23(b)(3). Hanlon, 150 F.3d at 1019.

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Bluebook (online)
247 F.R.D. 627, 2007 U.S. Dist. LEXIS 93193, 2007 WL 4553749, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-micron-technologies-inc-securities-litigation-idd-2007.