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Keywords & Phrases
CaseNo: OMI75756, CourtName: CLASS ACTION CASES, State: MA Massachusetts, UniqueCaseRef: LCD>OMI75756, Open Market, Class Period, Common Stock, Securities, Act, Class Action, Misleading, Individual Defendants, Artificially Inflated Prices, Materially False, Shares, Material Facts, Jam, Action Pursuant, Exchange Act, Management, Entry, Competition, Appoint Lead, Dissemination, Competitive Internet Growth, E-business, Motion, Misrepresentations, Golden Gate, Material Adverse Information, Fraudulent Scheme, Defendant Matros, Participation, Customized E-commerce Applications, Lead Plaintiff, Shah , ContentID: 120246243

Case Documents
1 2000-10-26 DOCKET
[ see first page and extracted highlights below  ] ItemID: 114682
6 pages
PDF
2 2000-04-18 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 114681
24 pages
PDF
Total Documents: 2 documents , 30 pages
Price: $ 24.95


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1 . DOCKET

EXTRACTED KEY WORDS
ENTRY
APPOINT LEAD
MOTION
OPEN MARKET
LEAD PLAINTIFF
SHAH
LIAISON COUNSEL
FELGOISE
MOVANT
JEFF BUSSGANG
EICHHORN
SHIKHAR GHOSH
CONSOLIDATE
DOCKET
ARNOLD
ABRAMS
SHAH ENGINEERING
ILA SHAH LIVING
SHAH LIVING
RONALD
MATROS
EOD
SUPPORT
WITHDRAW
COURT
NANCY
KAPLAN PLAINTIFFS
EXTEND TIME
MEMORANDUM


Case docket was last updated on: 10/26/00.


Docket as of October 26, 2000 9:34 pm                             Page 1

Proceedings include all events.
1:00cv11162 Felgoise, et al v. Open Market Inc., et al
                                                                                      LEAD
                                                                            LEAD
                                 U.S. District Court
                U.S. District Court - Massachusetts (Boston)

                        CIVIL DOCKET FOR CASE #: 00-CV-11162

Felgoise, et al v. Open Market Inc., et al                                  Filed:
06/14/00
Assigned to: Judge Nancy Gertner
Demand: $0,000                                             Nature of Suit: 160
Lead Docket: None                                          Jurisdiction: Federal
Question
Dkt# in other court: None

Cause: 15:78m(a) Securities Exchange Act


ROY FELGOISE                                Nancy F. Gans
           Plaintiff                        [COR LD NTC]
                                            Moulton & Gans, LLP
                                            133 Federal Street
                                            12th Floor
                                            Boston, MA 02110-1200
                                            617-369-7979


LEONARD SEIDMAN                             Nancy F. Gans
           Plaintiff                        (See above)
                                            [COR LD NTC]


ED RABIN                                    Nancy F. Gans
           Consolidated Plaintiff           [COR LD NTC]
                                            Moulton & Gans, LLP
                                            133 Federal Street
                                            12th Floor
                                            Boston, MA 02110-1200
                                            617-369-7979
SNIPPETS:
  • Case docket was last updated on:
  • 1:00cv11162 Felgoise, et al v. Open Market Inc., et al
  • U.S. District Court - Massachusetts
  • Assigned to: Judge Nancy Gertner
  • Movant
  • ILA SHAH LIVING TRUST
  • Fee Status: pd (jam)
  • [Entry date 06/15/00]
  • 6/14/00 -- Summons issued for Open Market Inc., Jeff Bussgang, Gary
  • Eichhorn, Shikhar Ghosh, Ronald J. Matros
  • Eichhorn in 1:00-cv-11162, Shikhar Ghosh in 1:00-cv-11162
  • to extend time to 45
  • [EOD Date 7/13/00]
  • of motion for appointment of Lead Plaintiff and to
  • appoint lead and liaison counsel,
  • of motion to consolidate cases,
  • 8/14/00 10 Motion by Palantir Capital in 1:00-cv-11162, Arnold Abrams
  • in 1:00-cv-11162, Shah Engineering in 1:00-cv-11162, Ila
  • Shah Living in 1:00-cv-11162 to be appointed lead
  • 8/14/00 11 Memorandum by Palantir Capital in 1:00-cv-11162,
  • Ila Shah Living in 1:00-cv-11162 in support of
  • 8/23/00 13 Motion by Kaplan Plaintiffs in 1:00-cv-11162 to withdraw

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    CLASS PERIOD
    COMMON STOCK
    PLAINTIFFS
    DEFENDANTS
    SECURITIES
    ACT
    CLASS ACTION
    MISLEADING
    INDIVIDUAL DEFENDANTS
    ARTIFICIALLY INFLATED PRICES
    MEMBERS
    MATERIALLY FALSE
    BUSINESS
    SHARES
    MATERIAL FACTS
    ACTION PURSUANT
    EXCHANGE ACT
    MANAGEMENT
    COMPETITION
    DISSEMINATION
    COMPETITIVE INTERNET GROWTH
    E-BUSINESS
    MISREPRESENTATIONS
    GOLDEN GATE
    MATERIAL ADVERSE INFORMATION
    FRAUDULENT SCHEME
    DEFENDANT MATROS
    PARTICIPATION
    CUSTOMIZED E-COMMERCE APPLICATIONS
    
    
    
    
                                                  UNITED STATES DISTRICT COURT
                                                   DISTRICT OF MASSACHUSETTS
                                                                 )
                   ROY FELGOISE and LEONARD SEIDMAN,  )  No. 00 CV 11162NG
                   On Behalf of Themselves and All Others           )
                   Similarly Situated,                              )  CLASS ACTION COMPLAINT
                                                                          FOR VIOLATION OF THE
                                  Plaintiff,                        ) )  SECURITIES EXCHANGE ACT OF
                   vs.                                              )  1934
                                                                    )
                   OPEN MARKET, INC., JEFF                          ) )
                   BUSSGANG, GARY EICHHORN,                         )
                   SHIKHAR GHOSH, AND RONALD  )
                   J. MATROS,                                       ) Plaintiff Demands A
                                                                          Trial By Jury
                                  Defendants.
    
    
                                                     NATURE OF THE ACTION
    
              1. This is a class action on behalf of a class (the "Class") of all persons who
              purchased or otherwise acquired the common stock of Open Market, Inc. ("Open
              Market" or the "Company") between November 8, 1999, and April 18, 2000 (the
              "Class Period), seeking to pursue remedies under the Securities Exchange Act of
              1934 ("1934 Act").
    
                                                    JURISDICTION AND VENUE
    
              2. Plaintiffs bring this action pursuant to the 1934 Act as amended (15 U.S.C.
              §§ 78j(b) and 78t(a)) and Rule 10b-5 promulgated thereunder (17 C.F.R.
              § 240.10b-5).
    
              3. This Court has jurisdiction over the subject matter of this action pursuant to § 27
              of the 1934 Act (15 U.S.C. § 78aa) and 28 U.S.C. § 1331.
    
              4. Venue is proper in this District pursuant to § 27 of the 1934 Act, 15 U.S.C.
              § 78aa and 28 U.S.C. § 1391(b). Many of the acts and transactions giving rise to
              the violations of law complained of herein, including the preparation and
              dissemination to the investing public of false and misleading information, occurred
              in this District.
    
              5. In connection with the acts, conduct and other wrongs complained of herein, the
              defendants used the means and instrumentalities of interstate commerce.
    
                                                          THE PARTIES
    
    SNIPPETS:
  • This is a class action on behalf of a class of all persons who purchased or otherwise
  • Plaintiffs bring this action pursuant to the 1934 Act as amended and 78t) and Rule 10b-5
  • This Court has jurisdiction over the subject matter of this action pursuant to § 27 of the
  • Many of the acts and transactions giving rise to the violations of law complained of herein,
  • In connection with the acts, conduct and other wrongs complained of herein, the defendants
  • By reason of their management positions, and/or membership on Open Market's Board of
  • Because of their Board memberships and/or executive and managerial positions with Open /or via reports and other information provided to them in connection therewith.
  • The Individual Defendants, because of their positions with Open Market, controlled the
  • Each of the defendants is liable as a primary violator in making false and misleading
  • All of the defendants had motives to pursue a fraudulent scheme in furtherance of their
  • The fraudulent scheme and course of business was designed to and did: deceive the investing Open Market stock.
  • Plaintiffs bring this action as a class action pursuant to Rule 23and of the Federal Rules of
  • Because Open Market has millions of shares of common stock outstanding, and because the
  • whether the Company's publicly disseminated releases and statements during the Class Period
  • At the start of the Class Period, the Company had just completed its merger with FutureTense,
  • Beginning in November 1999, defendants reacted to this pressure with a drumbeat of upbeat
  • This dramatic decrease in the price of Open market shares did not occur until after the
  • providing e-business solutions to the large companies and the service providers.
  • The Company was not a "very competitive Internet growth company" but rather was being
  • On December 7, 1999, the Company, which had concentrated on selling to small and medium-sized
  • Defendants claimed that Golden Gate would enable the Company to go head-to-head with
  • the material misrepresentations and omissions particularized in this Complaint directly or
  • In addition to the duties of full disclosure imposed on defendants as a result of their hful information with respect to the Company's operations, financial condition and performance so
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