UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
X
: Index No.
BARBARA EISEMAN, On Behalf of Herself and :
All Others Similarly Situated, : CLASS ACTION COMPLAINT
: FOR VIOLATIONS OF THE FEDERAL
Plaintiff, : SECURITIES LAWS
:
vs. :::
RED HAT, INC.; GOLDMAN SACHS & CO.; :
CREDIT SUISSE FIRST BOSTON :
CORPORATION; ROBERT F. YOUNG; :
MATTHEW J. SZULIK; AND MARC EWING, :
Defendants. :::::X
Plaintiff, by her undersigned attorneys, individually and on behalf of the Class described
upon information and belief, based upon, inter alia, the investigation of counsel, which includes,
other things, a review of public announcements made by defendants, Securities and Exchange
Commission ("SEC") filings made by defendants, and press releases, and media reports, except as to
the paragraph applicable to the named plaintiff which is alleged upon personal knowledge, brings
Complaint (the "Complaint") against defendants named herein, and alleges as follows:
SUMMARY OF ACTION
1. This is a securities class action alleging that the Registration Statement filed
SEC on August 11, 1999, and the Prospectus filed with the SEC on August 11, 1999, for the issuance
and initial public offering of 6 million shares of Red Hat, Inc. ("Red Hat" or the "Company") common
stock (the "Offering"), contained material misrepresentations and/or omissions. The Registration
Statement and Prospectus are referred to herein collectively as the "Prospectus." Defendants are
Hat and three members of its senior management team, who were responsible for the materially false
and misleading statements made in the Prospectus, and two of the underwriters of Red Hat's
who engaged in a pattern of conduct to surreptitiously extract inflated commissions greater than
SNIPPETS:
FOR THE SOUTHERN DISTRICT OF NEW YORK
RED HAT,
Plaintiff, by her undersigned attorneys, individually and on behalf of the Class described
Commission filings made by defendants, and press releases, and media reports, except as to
Complaint against defendants named herein, and alleges as follows:
This is a securities class action alleging that the Registration Statement filed with the
SEC on August 11, 1999, and the Prospectus filed with the SEC on August 11, 1999, for the
contained material misrepresentations and/or omissions.
Hat and three members of its senior management team, who were responsible for the materially
and misleading statements made in the Prospectus, and two of the underwriters of Red Hat's
who engaged in a pattern of conduct to surreptitiously extract inflated commissions greater
disclosed in the Offering materials, among other acts of misconduct.
This Court has jurisdiction over the subject matter of this action pursuant to § 27 of the
Securities Exchange Act of 1934,
Venue is proper in this District as defendants conduct business in this
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