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Keywords & Phrases
CaseNo: OC98994, CourtName: CLASS ACTION CASES, State: CA California, UniqueCaseRef: LCD>OC98994, Oracle, Ellison, Suite, Growth, Customers, Prospects, Oracle Stock, Publicly Traded Securities, Market, Federal Securities Laws, Class Action, Motion, Oracle Shares, Lead Pltfs, Eps, Database, Lead Plaintiffs, Related Actions, Demand, Violation, Chairman, Lead Pltfs Pursuant, Jose Group, Systems Integration, Enterprise Information Management, Enterprise Business Applications, Consolidation, Plead, Securities, Complaint, Internet Customers, Dissemination, Facts, Brody, Securities Exchange Act , ContentID: 120246246

Case Documents
1   OPPOSITION TO THE MOTION
[ see first page and extracted highlights below  ] ItemID: 114710
14 pages
PDF
2   NOTICE
[ see first page and extracted highlights below  ] ItemID: 114709
3 pages
PDF
3   MOTION FOR APPOINTMENT
[ see first page and extracted highlights below  ] ItemID: 114707
19 pages
PDF
4   DEMAND FOR JURY TRIAL 2
[ see first page and extracted highlights below  ] ItemID: 114704
31 pages
PDF
5   DEMAND FOR JURY TRIAL
[ see first page and extracted highlights below  ] ItemID: 114703
19 pages
PDF
6   DECLARATION OF TIMOTHY J BURKE 2
[ see first page and extracted highlights below  ] ItemID: 114702
4 pages
PDF
7   DECLARATION OF TIMOTHY J BURKE
[ see first page and extracted highlights below  ] ItemID: 114701
3 pages
PDF
8   COMPLAINT 9
[ see first page and extracted highlights below  ] ItemID: 114699
17 pages
PDF
9   COMPLAINT 8
[ see first page and extracted highlights below  ] ItemID: 114698
17 pages
PDF
10   COMPLAINT 7
[ see first page and extracted highlights below  ] ItemID: 114697
17 pages
PDF
11   COMPLAINT 6
[ see first page and extracted highlights below  ] ItemID: 114696
17 pages
PDF
12   COMPLAINT 5
[ see first page and extracted highlights below  ] ItemID: 114695
17 pages
PDF
13   COMPLAINT 4
[ see first page and extracted highlights below  ] ItemID: 114694
21 pages
PDF
14   COMPLAINT 3
[ see first page and extracted highlights below  ] ItemID: 114693
16 pages
PDF
15   COMPLAINT 2
[ see first page and extracted highlights below  ] ItemID: 114692
24 pages
PDF
16   COMPLAINT 13
[ see first page and extracted highlights below  ] ItemID: 114691
18 pages
PDF
17   COMPLAINT 12
[ see first page and extracted highlights below  ] ItemID: 114690
17 pages
PDF
18   COMPLAINT 11
[ see first page and extracted highlights below  ] ItemID: 114689
17 pages
PDF
19   COMPLAINT 10
[ see first page and extracted highlights below  ] ItemID: 114688
17 pages
PDF
20   COMPLAINT 1
[ see first page and extracted highlights below  ] ItemID: 114687
16 pages
PDF
21   CERTIFICATION OF TIMOTHY J BURKE
[ see first page and extracted highlights below  ] ItemID: 114686
3 pages
PDF
22   CERTIFICATION OF MICHAEL D BRAUN
[ see first page and extracted highlights below  ] ItemID: 114685
3 pages
PDF
23 2001-06-14 PROPOSED ORDER CONSOLIDATING CASES
[ see first page and extracted highlights below  ] ItemID: 114711
6 pages
PDF
24 2001-06-14 MOTION TO CONSOLIDATE
[ see first page and extracted highlights below  ] ItemID: 114708
14 pages
PDF
25 2001-06-14 DECLARATION OF GREGORY M EGLESTON
[ see first page and extracted highlights below  ] ItemID: 114700
3 pages
PDF
26 2000-12-15 DEMAND FOR JURY TRIAL 3
[ see first page and extracted highlights below  ] ItemID: 114705
15 pages
PDF
27 2000-05 MEMO IN SUPPORT OF MOTION TO DISMISS
[ see first page and extracted highlights below  ] ItemID: 114706
40 pages
PDF
28 1998-12-07 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 123483
70 pages
PDF
Total Documents: 28 documents , 478 pages
Price: $ 154.95


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1 . OPPOSITION TO THE MOTION

EXTRACTED KEY WORDS
SECURITIES EXCHANGE
LEAD PLTFS PURSUANT
MOTION
JOSE GROUP
ACT
PENSION FUND
OPPOSITION
RETAIL MEAT
APPROVING
CLASS ACTION
ORACLE
PLAINTIFFS
DERIVATIVE ACTION
BURKE
BRODY
REPRESENTATION
SHAREHOLDERS
STULL
ADVERSE PARTIES
DEFENDANT
PROPOSED CO-LEAD COUNSEL
ORACLE STOCK
CONCURRENTLY REPRESENTING
SUING ORACLE
CLASS PERIOD
LOS ANGELES
CALIFORNIA
FEDERAL SECURITIES LAWS
CLASS MEMBERS
 1 Michael D. Braun (167416)
      Timothy J. Burke (181866)
 2 STULL, STULL & BRODY
      10940 Wilshire Boulevard
 3 Suite 2300
      Los Angeles, CA 90024
 4 Tel:       (310) 209-2468
      Fax: (310) 209-2087
 5 Jules Brody
 6 Aaron Brody
      Tzivia Brody
 7 STULL, STULL & BRODY
      6 East 45th Street
 8 New York, NY 10017
      Tel:    (212) 687-7230
 9 Fax: (212) 490-2022

10 Kevin J. Yourman (147159)
      Vahn Alexander (167373)
11 WEISS & YOURMAN
      10940 Wilshire Boulevard
12 24th Floor
      Los Angeles, CA 90024
13 Tel:  (310) 208-2800
      Fax: (310) 209-2348
14 Attorneys for Plaintiffs/Movants,
15 The Jose Group, Proposed Co-Lead Counsel for the Class

16                                   UNITED STATES DISTRICT COURT

17                                 NORTHERN DISTRICT OF CALIFORNIA

18 LOCAL 144 NURSING HOME PENSION )                    CASE NO. CV  01-0988 MJJ
      FUND, On Behalf of Itself and All Others    )
19 Similarly Situated,                            )    CLASS ACTION
                                                  )
20                           Plaintiffs,          )    OPPOSITION OF THE JOSE GROUP
                                                  )    TO THE MOTION TO APPOINT UFCW
21            vs.                                 )    LOCAL 56 RETAIL MEAT PENSION
                                                  )    FUND, ROBERT SAWYER, LOCAL 144
22 ORACLE CORPORATION and                         )    NURSING HOME PENSION FUND
      LAWRENCE J. ELLISON,                        )    AND DRIFTON FINANCE CORP. AS
23                                                )    LEAD PLAINTIFFS PURSUANT TO
                             Defendants.          )    SECTION 21D OF THE SECURITIES
24                                                )    EXCHANGE ACT OF 1934 AND
      ____________________________________ )           APPROVING THEIR CHOICE OF
25                                                     COUNSEL

26                                                     DATE:    June 19, 2001
SNIPPETS:
  • STULL, STULL & BRODY
  • Suite 2300 Los Angeles,
  • Proposed Co-Lead Counsel for the Class
  • 28 OPPOSITION OF THE JOSE GROUP TO THE MOTION TO APPOINT UFCW LOCAL 56 RETAIL MEAT PENSION
  • AS LEAD PLTFS PURSUANT TO §21D OF THE SECURITIES EXCHANGE ACT OF 1934 AND APPROVING THEIR
  • 11 representing plaintiff shareholders of Oracle Corporation in a derivative action
  • 14 "Derivative Action") attached to the Declaration of Timothy J. Burke in Support of the
  • 17 by Milberg Weiss's dual representation of derivative and securities plaintiffs" In re:
  • 19 concurrent representation of adverse parties is strictly prohibited by California law.
  • 21 plaintiffs in the Derivative action are adverse parties with plaintiffs in the Class
  • 22 Weiss cannot represent a class of purchasers suing Oracle under the federal securities
  • 23 concurrently representing Oracle and all of its shareholders in a breach of fiduciary duty
  • 16 Oracle's current shareholders to those who purchased stock during the Class Period.
  • 23 claims against the same defendant,
  • market capitalization as Oracle stock has fallen over 50% from its class Period high of over
  • 17 the selection of Lead Plaintiffs to oversee class actions brought under the federal
  • 21 the Court to consider any motions by plaintiffs or purported class members to serve as

  • 2 . NOTICE

    EXTRACTED KEY WORDS
    STULL
    JOSE GROUP
    RESCHEDULED HEARING
    YOURMAN
    FLOOR
    COUNSEL
    MOTION
    APPT
    LEAD PLTFS
    MJJ
    PLAINTIFFS
    YORK
    KEVIN
    VAHN ALEXANDER
    JENNIFER
    WILLIAMS
    WEISS
    PROPOSED CO-LEAD COUNSEL
    CUSTODIAN
    ALIZA BRODY
    LEAD PLAINTIFFS PURSUANT
    SECURITIES EXCHANGE ACT
    APPROVE LEAD
    CONSOLIDATION
    HONORABLE MARTIN
    JENKINS
    COURTROOM
    GOLDEN GATE AVENUE
    SAN FRANCISCO
    
     1 Michael D. Braun (167416)
          Timothy J. Burke (181866)
     2 STULL, STULL & BRODY
          10940 Wilshire Boulevard
     3 Suite 2300
          Los Angeles, CA 90024
     4 Tel:        (310) 209-2468
          Fax: (310) 209-2087
     5 Jules Brody
     6 Aaron Brody
          Tzivia Brody
     7 STULL, STULL & BRODY
          6 East 45th Street
     8 New York, NY 10017
          Tel:     (212) 687-7230
     9 Fax: (212) 490-2022
    
    10 Kevin J. Yourman (147159)
          Vahn Alexander (167373)
    11 Jennifer R. Williams (207487)
          WEISS & YOURMAN
    12 10940 Wilshire Boulevard
          24th Floor
    13 Los Angeles, CA 90024
          Tel:  (310) 208-2800
    14 Fax: (310) 209-2348
    
    15 Attorneys for Plaintiffs/Movants,
          The Jose Group, Proposed Co-Lead Counsel for the Class
    16
    
    17                                        UNITED STATES DISTRICT COURT
    
    18                                     NORTHERN DISTRICT OF CALIFORNIA
    
    19 YAIR YAISH and ADELE BRODY,                                )         CASE NO. CV  01-1237 MJJ
          Custodian for ALIZA BRODY, On Behalf of )
    20 Themselves and All Others Similarly                        )         CLASS ACTION
          Situated,                                               )
    21                                                            )         NOTICE OF RESCHEDULED
                                     Plaintiffs,                  )         HEARING DATE ON MOTION FOR
    22                                                            )         APPOINTMENT OF THE JOSE
                   vs.                                            )         AS LEAD PLAINTIFFS PURSUANT
    23                                                            )         SECTION 21D OF THE
          ORACLE CORPORATION and                                  )         EXCHANGE ACT OF 1934; TO
    24 LAWRENCE J. ELLISON,                                       )         APPROVE LEAD PLAINTIFFS'
                                                                  )         CHOICE OF
    25                               Defendants.                  )         COUNSEL; AND FOR
          ____________________________________ )                            CONSOLIDATION OF ALL RELATED
    
    SNIPPETS:
  • STULL, STULL & BRODY
  • New York,
  • 10 Kevin J. Yourman Vahn Alexander
  • 11 Jennifer R. Williams
  • WEISS & YOURMAN
  • Proposed Co-Lead Counsel for the Class
  • Custodian for ALIZA BRODY, On Behalf of)
  • NOTICE OF RESCHEDULED HEARING DATE ON MOTION FOR APPT OF THE JOSE GROUP AS LEAD PLTFS,
  • CASE NO. C 01-1237 MJJ
  • Lead Plaintiffs Pursuant to Section 21D of the Securities Exchange Act of 1934; to Approve
  • and for Consolidation of all Related Actions previsously noticed for
  • June 12, 2001 at 9:30 a.m., before the Honorable Martin J. Jenkins, in Courtroom 11, located
  • Golden Gate Avenue, 19th Floor, San Francisco, CA 94102, has been rescheduled on June 19,

  • 3 . MOTION FOR APPOINTMENT

    EXTRACTED KEY WORDS
    RELATED ACTIONS
    MOTION
    CONSOLIDATION
    COUNSEL
    SECURITIES EXCHANGE ACT
    JOSE GROUP
    LEAD PLTFS PURSUANT
    APPROVE LEAD PLTFS
    APPT
    LEAD PLAINTIFFS
    STULL
    BURKE
    BRODY
    MOVANTS
    CO-LEAD COUNSEL
    CLASS MEMBERS
    DEFENDANTS
    APPOINTMENT
    CLASS PERIOD
    ORACLE STOCK
    FEDERAL RULES
    BURKE DECL
    ADEQUATE PLAINTIFFS
    APPOINTED LEAD PLAINTIFF
    PSLRA
    COURT APPOINTS
    CLASS REPRESENTATIVES
    SHAREHOLDERS
    SOLAR POWER MODULES
    
     1 Michael D. Braun (167416)
          Timothy J. Burke (181866)
     2 STULL, STULL & BRODY
          10940 Wilshire Boulevard
     3 Suite 2300
          Los Angeles, CA 90024
     4 Tel:       (310) 209-2468
          Fax: (310) 209-2087
     5 Jules Brody
     6 Aaron Brody
          Tzivia Brody
     7 STULL, STULL & BRODY
          6 East 45th Street
     8 New York, NY 10017
          Tel:    (212) 687-7230
     9 Fax: (212) 490-2022
    
    10 Kevin J. Yourman (147159)
          Vahn Alexander (167373)
    11 Jennifer R. Williams (207487)
          WEISS & YOURMAN
    12 10940 Wilshire Boulevard
          24th Floor
    13 Los Angeles, CA 90024
          Tel:  (310) 208-2800
    14 Fax: (310) 209-2348
    
    15 Attorneys for Plaintiffs/Movants,
          The Jose Group, Proposed Co-Lead Counsel for the Class
    16
    
    17                                    UNITED STATES DISTRICT COURT
    
    18                                 NORTHERN DISTRICT OF CALIFORNIA
    
    19 YAIR YAISH and ADELE BRODY,                   )       CASE NO. CV  01-1237 MJJ
          Custodian for ALIZA BRODY, On Behalf of )
    20 Themselves and All Others Similarly           )       CLASS ACTION
          Situated,                                  )
    21                                               )       NOTICE OF MOTION AND MOTION
                                  Plaintiffs,        )       FOR APPOINTMENT OF THE JOSE
    22                                               )       GROUP AS LEAD PLAINTIFFS
                  vs.                                )       PURSUANT TO SECTION 21D OF THE
    23                                               )       SECURITIES EXCHANGE ACT OF
          ORACLE CORPORATION and                     )       1934; TO APPROVE LEAD
    24 LAWRENCE J. ELLISON,                          )       PLAINTIFFS' CHOICE OF COUNSEL;
                                                     )       AND FOR CONSOLIDATION OF ALL
    25                            Defendants.        )       RELATED ACTIONS
          ____________________________________ )
    
    SNIPPETS:
  • Michael D. Braun Timothy J. Burke
  • STULL, STULL & BRODY
  • The Jose Group, Proposed Co-Lead Counsel for the Class
  • 28 NOTICE OF MOTION & MOTION FOR APPT OF THE JOSE GROUP AS LEAD PLTFS PURSUANT TO §21D OF THE
  • (collectively the "Jose Group"or "Movants") will, and hereby do, move this Court for an order
  • granting Movants' motion for "Appointment as Lead Plaintiffs Pursuant to Section 21D of the
  • Consolidation of all Related Actions".
  • 10 grounds that Movants have timely filed their Motion and that they are the "most adequate
  • Movants meet the requirements of Rule 23 of the Federal Rules of Civil Procedure for
  • respectfully submit their motion for "Appointment as
  • 17 March 1, 2001, inclusive (the "Class Period") and suffered damages as a result of
  • 27 have completed sworn certifications listing their purchases of Oracle stock and requesting
  • 18 published on Business Wire which informed potential class members of the pendency of the
  • 20 within 60 days.2 See Exhibit C to the Burke Decl.
  • Further, the Exchange Act, as amended by the PSLRA, provides for a rebuttable
  • 25 1999)(court appoints seven shareholders as lead plaintiff);
  • Nov. 15, 1996) (court appoints eight shareholders as lead 26 plaintiff) St. John v. Pilot
  • 24 their adequacy to serve as class representatives by signing a certification affirming
  • 14 In re United Energy Corp. Solar Power Modules Tax Shelter Inv.

  • 4 . DEMAND FOR JURY TRIAL 2

    EXTRACTED KEY WORDS
    FEDERAL SECURITIES LAWS
    VIOLATION
    COMPLAINT
    FTP
    SUITE
    CLASS PERIOD
    ELLISON
    DEFENDANTS
    BUSINESS
    CUSTOMERS
    SALES
    GROWTH
    SHARES
    MARKET
    BRODY
    STULL
    PROSPECTS
    PLAINTIFFS
    EPS
    EXCHANGE ACT
    APPLICATIONS
    MISLEADING
    TECHNOLOGY
    INTERNET CUSTOMERS
    COMPUTERS
    ECONOMIC SLOWDOWN
    EXECUTIVE VICE PRESIDENT
    PROJECTIONS
    PERSONAL KNOWLEDGE
    
     1 Michael D. Braun (167416)
          Timothy J. Burke (181866)
     2 STULL, STULL & BRODY
          10940 Wilshire Boulevard
     3 Suite 2300
          Los Angeles, CA 90024
     4 Tel:       (310) 209-2468
          Fax: (310) 209-2087
     5 Jules Brody
     6 Aaron Brody
          Tzivia Brody
     7 STULL, STULL & BRODY
          6 East 45th Street
     8 New York, NY 10017
          Tel:    (212) 687-7230
     9 Fax: (212) 490-2022
    
    10 Kevin J. Yourman (147159)
          WEISS & YOURMAN
    11 10940 Wilshire Boulevard
          24th Floor
    12 Los Angeles, CA 90024
          Tel:  (310) 208-2800
    13 Fax: (310) 209-2348
    
    14 Attorneys for Plaintiffs
    
    15
    
    16                                        UNITED STATES DISTRICT COURT
    
    17                                     NORTHERN DISTRICT OF CALIFORNIA
    
    18
    
    19 YAIR YAISH and ADELE BRODY,                               )          CASE NO.
          Custodian for ALIZA BRODY, On Behalf of )
    20 Themselves and All Others Similarly                       )          CLASS ACTION
          Situated,                                              )
    21                                                           )          COMPLAINT FOR VIOLATION OF
                                    Plaintiffs,                  )          FEDERAL SECURITIES LAWS
    22                                                           )
                  vs.                                            )          DEMAND FOR JURY TRIAL
    23                                                           )
          ORACLE CORPORATION and                                 )
    24 LAWRENCE J. ELLISON,                                      ))
    25                              Defendants.                  )
          ____________________________________ )
    26
    
    SNIPPETS:
  • STULL, STULL & BRODY
  • COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS CASE NO.
  • C:\SCAC-local-PC Only Temporary Files\To FTP to Sec2\Oracle\ORACLE3.WPD
  • similarly situated, and on personal knowledge as to themselves and their activities, and on
  • Defendants include: Oracle and its founder,
  • 10 Ellison.
  • 13 servers, application development and decision support tools, and enterprise business
  • 14 Oracle's software runs on a variety of computers, including network computers, personal
  • Oracle and Ellison put out a series of false and misleading statements designed to keep
  • 25 Oracle's continuing "strong" revenue and EPS growth, which continued to be made less than
  • weeks earlier, that it would post revenue and EPS declines, sending Oracle's shares into a
  • and §27 of the Securities Exchange Act of 1934 (15
  • During the Class Period, Oracle had approximately 5.58 billion shares of common
  • which shares traded in an efficient market on the NASDAQ National Market
  • 13 which had been affecting Oracle's core and Internet customers since September of 2000.
  • Oracle's prior growth in data base was caused by sales to dot-com companies.
  • 19 integration work was required to implement the 11i Suite rendering the suite undesirable
  • 10 operations, products, markets, management, earnings and business prospects, to correct any
  • misstate or conceal such information from plaintiffs and the investing public.
  • 23 market that Oracle would be able to meet Ellison's phenomenal third quarter projections.
  • Oracle repeatedly denied that the economic slowdown was having any impact on
  • 19 notified Oracle of reported cuts to their information technology budgets.
  • Roberts, Oracle's Executive Vice President of North American Sales, discussed Oracle's third

  • 5 . DEMAND FOR JURY TRIAL

    EXTRACTED KEY WORDS
    ELLISON
    DEFENDANTS
    PROSPECTS
    ORACLE STOCK
    CUSTOMERS
    SHARES
    GROWTH
    BUSINESS
    TRADED SECURITIES
    MARKET
    SUITE
    PLAINTIFF
    DATABASE
    EPS
    DISSEMINATION
    MISLEADING
    INFORMATION TECHNOLOGY
    POWERFUL SUPER COMPUTERS
    SYSTEMS INTEGRATION
    INTERNET CUSTOMERS
    GIANT GAPS
    LERACH LLP
    SAN FRANCISCO
    MARK SOLOMON
    ATTORNEYS
    ORACLE CORPORATION
    VIOLATIONS
    FEDERAL SECURITIES LAWS
    INFLATION
    
     1 MILBERG WEISS BERSHAD
            HYNES & LERACH LLP
     2 REED R. KATHREIN (139304)
          100 Pine Street, Suite 2600
     3 San Francisco, CA  94111
          Telephone: 415/288-4545
     4 415/288-4534 (fax)
                 ­ and
     5 WILLIAM S. LERACH (68581)
          MARK SOLOMON (151949)
     6 DARREN J. ROBBINS (168593)
          600 West Broadway, Suite 1800
     7 San Diego, CA  92101
          Telephone:  619/231-1058
     8 619/231-7423 (fax)
    
     9 Attorneys for Plaintiff
    10                                    UNITED STATES DISTRICT COURT
    11                                   NORTHERN DISTRICT OF CALIFORNIA
    12
    
    13 LOCAL 144 NURSING HOME PENSION                        ) No.
          FUND, On Behalf of Itself and All Others Similarly )
    14 Situated,                                             ) CLASS ACTION
                                                             )
    15                                     Plaintiff,        ) COMPLAINT FOR VIOLATION OF THE
                                                             ) FEDERAL SECURITIES LAWS
    16           vs.                                         ))
    17 ORACLE CORPORATION and LAWRENCE J. )
          ELLISON,                                           )
    18                                                       )
                                           Defendants.       )
    19                                                       ) DEMAND FOR JURY TRIAL
    20
    
    21
    
    22
    23
    
    24
    
    25
    26
    
    27
    
    28
    
    
    SNIPPETS:
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP
  • San Francisco, CA 94111 Telephone:
  • WILLIAM S. LERACH MARK SOLOMON
  • Attorneys for Plaintiff
  • 17 ORACLE CORPORATION and LAWRENCE J.)
  • for violations of the federal securities laws arising out of defendants' dissemination of
  • Taking advantage of the inflation in Oracle stock, Oracle's Chairman dumped almost $900
  • the largest insider trading in the history of the U.S. financial market.
  • These sales were out of line with 10 Ellison's prior trading history as he had not sold any
  • 14 business applications.
  • 17 sequential EPS growth of 9%, or $0.12, and revenue of over $2.9 billion.
  • Defendants assured investors
  • Ellison actually knew that the Suite
  • 21 expensive systems integration work to implement.
  • 50% higher than the price to which Oracle shares dropped as Oracle's true prospects began to
  • 26 Oracle's continuing "strong" revenue and EPS growth, including defendants' assurances less
  • shares,2 inflicting billions of dollars of damage on plaintiff and the Class.
  • 22 to the violations of law complained of occurred here.
  • devices, work-stations, PCs, minicomputers, mainframes and powerful super computers.
  • was required to implement the 11i Suite rendering the Suite undesirable to Oracle's customers;
  • 12 to the instability of the product, e.g., certain pieces of the product were suffering from
  • 13 gaps in its CRM modules; growth in Oracle's business application software line would be
  • thirty of Oracle's significant Internet customers were no longer in 10 business.
  • 27 Oracle of reported cuts to their information technology budgets.
  • 22 2001 were false or misleading when issued.
  • 13 deceit upon the Class in connection with their purchases of Oracle publicly traded

  • 6 . DECLARATION OF TIMOTHY J BURKE 2

    EXTRACTED KEY WORDS
    STULL
    BURKE
    JOSE GROUP
    LEAD PLTFS PURSUANT
    SUPPORT
    MOTION
    SECURITIES EXCHANGE ACT
    DECL
    APPT
    MJJ
    LEAD PLAINTIFFS
    TIMOTHY
    YOURMAN
    DECLARE
    COUNSEL
    THOMAS SHAFFER
    KUNG HSU
    CHUCHEN WENG
    CHARLES COMBEE
    MOVANTS
    APPOINTMENT
    APPROVE LEAD PLAINTIFFS
    CONSOLIDATION
    RELATED ACTIONS
    PERSONAL KNOWLEDGE
    WITNESS
    COMPETENTLY TESTIFY
    AMERICA
    FOREGOING
    
     1 Michael D. Braun (167416)
          Timothy J. Burke (181866)
     2 STULL, STULL & BRODY
          10940 Wilshire Boulevard
     3 Suite 2300
          Los Angeles, CA 90024
     4 Tel:        (310) 209-2468
          Fax: (310) 209-2087
     5 Jules Brody
     6 Aaron Brody
          Tzivia Brody
     7 STULL, STULL & BRODY
          6 East 45th Street
     8 New York, NY 10017
          Tel:     (212) 687-7230
     9 Fax: (212) 490-2022
    
    10 Kevin J. Yourman (147159)
          Vahn Alexander (167373)
    11 Jennifer R. Williams (207487)
          WEISS & YOURMAN
    12 10940 Wilshire Boulevard
          24th Floor
    13 Los Angeles, CA 90024
          Tel:  (310) 208-2800
    14 Fax: (310) 209-2348
    
    15 Attorneys for Plaintiffs
    
    16
    
    17                                        UNITED STATES DISTRICT COURT
    
    18                                     NORTHERN DISTRICT OF CALIFORNIA
    
    19 YAIR YAISH and ADELE BRODY,                                )          CASE NO. C 01-1237 MJJ
          Custodian for ALIZA BRODY, On Behalf of )
    20 Themselves and All Others Similarly                        )          CLASS ACTION
          Situated,                                               )
    21                                                            )          DECLARATION OF TIMOTHY J.
                                     Plaintiffs,                  )          BURKE IN SUPPORT OF MOTION
    22                                                            )          FOR APPOINTMENT OF THE JOSE
                   vs.                                            )          GROUP AS LEAD PLAINTIFFS
    23                                                            )          PURSUANT TO SECTION 21D OF
          ORACLE CORPORATION and                                  )          SECURITIES EXCHANGE ACT OF
    24 LAWRENCE J. ELLISON,                                       )          1934; TO APPROVE LEAD
                                                                  )          PLAINTIFFS' CHOICE OF
    25                               Defendants.                  )          AND FOR CONSOLIDATION OF
          ____________________________________ )                             RELATED ACTIONS
    
    SNIPPETS:
  • STULL, STULL & BRODY
  • WEISS & YOURMAN
  • DECL.
  • OF T.J. BURKE IN SUPPORT OF MOTION FOR APPT OF THE JOSE GROUP AS LEAD PLTFS PURSUANT TO §21D
  • CASE NO. C-01-1237 MJJ
  • I, Timothy J. Burke, declare:
  • plaintiffs Rene and Cynthia Jose, Thomas Shaffer, Kung Hsu, Chuchen Weng and Charles Combee
  • I make this declaration in support of Movants' motion
  • for "Appointment as Lead Plaintiffs Pursuant to Section 21D of the Securities Exchange Act of
  • 1934; to Approve Lead Plaintiffs' Choice of Counsel; and for Consolidation of all Related
  • I have personal knowledge of the matters stated herein and if called as a witness,
  • could and would competently testify to the following:
  • States of America that the foregoing is true and correct.

  • 7 . DECLARATION OF TIMOTHY J BURKE

    EXTRACTED KEY WORDS
    BRODY
    PENSION FUND
    JOSE GROUP
    BURKE
    COUNSEL
    SUPPORT
    OPPOSITION
    MOTION
    APPOINT
    RETAIL MEAT PENSION
    LEAD PLTFS PURSUANT
    SECURITIES EXCHANGE ACT
    APPROVING
    TIMOTHY
    LOS ANGELES
    DECL
    DECLARE
    PLAINTIFFS
    CHUCHEN WENG
    CHARLES COMBEE
    ROBERT
    SAWYER
    NURSING HOME PENSION
    DRIFTON FINANCE
    PERSONAL KNOWLEDGE
    WITNESS
    COMPETENTLY TESTIFY
    AMERICA
    FOREGOING
    
     1 Michael D. Braun (167416)
          Timothy J. Burke (181866)
     2 STULL, STULL & BRODY
          10940 Wilshire Boulevard
     3 Suite 2300
          Los Angeles, CA 90024
     4 Tel:       (310) 209-2468
          Fax: (310) 209-2087
     5 Jules Brody
     6 Aaron Brody
          Tzivia Brody
     7 STULL, STULL & BRODY
          6 East 45th Street
     8 New York, NY 10017
          Tel:    (212) 687-7230
     9 Fax: (212) 490-2022
    
    10 Kevin J. Yourman (147159)
          Vahn Alexander (167373)
    11 WEISS & YOURMAN
          10940 Wilshire Boulevard
    12 24th Floor
          Los Angeles, CA 90024
    13 Tel:  (310) 208-2800
          Fax: (310) 209-2348
    14 Attorneys for Plaintiffs
    15
    
    16                                   UNITED STATES DISTRICT COURT
    
    17                                 NORTHERN DISTRICT OF CALIFORNIA
    
    18 LOCAL 144 NURSING HOME PENSION )                    CASE NO. C 01-0988 MJJ
          FUND, On Behalf of Itself and All Others    )
    19 Similarly Situated,                            )    CLASS ACTION
                                                      )
    20                           Plaintiffs,          )    DECLARATION OF TIMOTHY J.
                                                      )    BURKE IN SUPPORT OF OPPOSITION
    21            vs.                                 )    OF  THE JOSE GROUP TO THE
                                                      )    MOTION TO APPOINT UFCW LOCAL
    22 ORACLE CORPORATION and                         )    56 RETAIL MEAT PENSION FUND,
          LAWRENCE J. ELLISON,                        )    ROBERT SAWYER, LOCAL 144
    23                                                )    NURSING HOME PENSION FUND AND
                                 Defendants.          )    DRIFTON FINANCE CORP. AS  LEAD
    24                                                )    PLAINTIFFS PURSUANT TO SECTION
          ____________________________________ )           21D OF THE SECURITIES EXCHANGE
    25                                                     ACT OF 1934 AND APPROVING THEIR
                                                           CHOICE OF COUNSEL
    26                                                     DATE:       June 19, 2001
    
    SNIPPETS:
  • STULL, STULL & BRODY
  • Suite 2300 Los Angeles,
  • DECL OF T.J. BURKE IN SUPPORT OF OPPOSITION OF THE JOSE GROUP TO THE MOTION TO APPOINT UFCW
  • I, Timothy J. Burke, declare:
  • plaintiffs Rene and Cynthia Jose, Thomas Shaffer, Kung Hsu, Chuchen Weng and Charles Combee
  • the Jose Group to the Motion to Appoint UFCW Local 56 Retail Meat Pension Fund, Robert
  • Sawyer, Local 144 Nursing Home Pension Fund and Drifton Finance Corp.
  • As Lead Plaintiffs
  • I have personal knowledge of the matters stated herein and if called as a witness,
  • 10 and would competently testify to the following:
  • 16 States of America that the foregoing is true and correct.

  • 8 . COMPLAINT 9

    EXTRACTED KEY WORDS
    DEFENDANTS
    ELLISON
    ORACLE STOCK
    PROSPECTS
    PLAINTIFF
    GROWTH
    PUBLICLY TRADED SECURITIES
    CUSTOMERS
    BUSINESS
    ORACLE SHARES
    CLASS ACTION
    MARKET
    DEMAND
    SUITE
    DATABASE
    EPS
    MISLEADING STATEMENTS
    ENTERPRISE INFORMATION MANAGEMENT
    ENTERPRISE BUSINESS APPLICATIONS
    SYSTEMS INTEGRATION
    DISSEMINATION
    INTERNET CUSTOMERS
    POWERFUL SUPER COMPUTERS
    CLASS PERIOD HIGH
    EPS DECLINES
    PROJECTIONS
    CONFERENCE
    VIOLATIONS
    FEDERAL SECURITIES LAWS
    
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    WILLIAM S. LERACH (68581)
    MARK SOLOMON (151949)
    DENISE M. DOUGLAS (183364)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    LAW OFFICES OF MARC S. HENZEL
    MARC S. HENZEL
    210 West Washington Square
    Third Floor
    Philadelphia, PA 19106-3503
    Telephone: 215/625-9999
    215/440-9475 (fax)
    
    Attorneys for Plaintiff
    
                                       UNITED STATES DISTRICT COURT
    
                                    NORTHERN DISTRICT OF CALIFORNIA
                                                     )   No. C-01-1160-EDL
    FREDRIC GOLDFEIN, On Behalf of                   )
    Himself and All Others Similarly Situated,       )   CLASS ACTION
                            Plaintiff,               )
                                                     )   COMPLAINT FOR VIOLATION
                                                            OF THE FEDERAL SECURITIES
        vs.                                          )
                                                     )   LAWS
    ORACLE CORPORATION and                           )
                                                     )
    LAWRENCE J. ELLISON,
                                                     )
                                                     )
                            Defendants.              )
    __________________________________  DEMAND FOR JURY TRIAL
    
                                              INTRODUCTION
    
    1. This is a securities fraud class action on behalf of persons who purchased the publicly
    traded securities of Oracle Corporation ("Oracle" or the "Company") between December
    15, 2000 and March 1, 2001 (the "Class Period"), against Oracle and one of its founders,
    CEO and Chairman Lawrence J. Ellison, for violations of the federal securities laws
    
    SNIPPETS:
  • Attorneys for Plaintiff
  • Himself and All Others Similarly Situated,) CLASS ACTION
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased the publicly ck, Oracle's Chairman dumped almost $900 million worth of his
  • own Oracle stock at artificially inflated prices of as much as $32 per share, in what appears
  • The Company offers databases and relational servers, application development and decision
  • Oracle's software runs on network computers, personal digital assistants, set-top devices,
  • At the beginning of the Class Period, defendants represented that Oracle would have
  • Defendants assured investors that Oracle's new 11i Suite required no programming systems
  • However, Ellison actually knew that the Suite was fraught with massive technical problems,
  • Throughout January and February 2001, defendants repeatedly stated that Oracle's Q3 2001
  • In addition to having actual knowledge of the falsity of these statements, Ellison had the
  • In a press release Oracle stated: o Oracle would post sequential EPS declines.
  • Defendants' misconduct has wiped out over $90 billion in market capitalization as Oracle
  • Acts and transactions giving rise to the violations of law complained of occurred here.
  • Plaintiff Fredric Goldfein purchased Oracle publicly traded securities as detailed in the
  • Defendant Oracle supplies software for enterprise information management.
  • During the Class Period, defendant Ellison was in possession of the following confidential y of whom were in Oracle's service department; Oracle's customers were refusing to upgrade to the by the defendants; demand for Oracle's products was not nearly as healthy as represented due to
  • thirty of Oracle's significant Internet customers were no longer in business.
  • Ellison also knew that unless he continued to ship 11i in its current faulty form, it would
  • On December 15, 2000, Henley held a conference call with Radio on Wall Street to discuss

  • 9 . COMPLAINT 8

    EXTRACTED KEY WORDS
    DEFENDANTS
    ELLISON
    PLAINTIFF
    GROWTH
    PUBLICLY TRADED SECURITIES
    CUSTOMERS
    BUSINESS
    ORACLE SHARES
    CLASS ACTION
    MARKET
    DEMAND
    SUITE
    DATABASE
    CHAIRMAN
    EPS
    ORACLE STOCK
    MISLEADING STATEMENTS
    ENTERPRISE INFORMATION MANAGEMENT
    ENTERPRISE BUSINESS APPLICATIONS
    SYSTEMS INTEGRATION
    SAN FRANCISCO
    DISSEMINATION
    INTERNET CUSTOMERS
    POWERFUL SUPER COMPUTERS
    CLASS PERIOD HIGH
    EPS DECLINES
    PROJECTIONS
    VIOLATIONS
    FEDERAL SECURITIES LAWS
    
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    MICHAEL R.R. REESE (206773)
    100 Pine Street, Suite 2600
    San Francisco, CA 94111
    Telephone: 415/288-4545
    415/288-4534 (fax)
        - and -
    WILLIAM S. LERACH (68581)
    MARK SOLOMON (151949)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    SAVETT FRUTKIN PODELL &
    RYAN, P.C.
    BARBARA A. PODELL
    325 Chestnut Street, Suite 700
    Philadelphia, PA 19106
    Telephone: 215/923-5400
    215/923-9353 (fax)
    
    LAW OFFICES OF JAMES M. ORMAN
    JAMES M. ORMAN
    1845 Walnut Street, 14th Floor
    Philadelphia, PA 19103
    Telephone: 215/523-7800
    215/523-9290 (fax)
    
    Attorneys for Plaintiff
    
                                       UNITED STATES DISTRICT COURT
    
                                    NORTHERN DISTRICT OF CALIFORNIA
    
    BRENDA GREENBLATT, On Behalf of                  )   No. C-01-1097-JL
    Herself and All Others Similarly Situated,       )   CLASS ACTION
                            Plaintiff,               )
                                                     )   COMPLAINT FOR VIOLATION
        vs.                                          )
                                                     )   OF THE FEDERAL SECURITIES
    ORACLE CORPORATION and                           )   LAWS
                                                     )
    LAWRENCE J. ELLISON,
    
    SNIPPETS:
  • San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 - and -WILLIAM S. LERACH MARK
  • Attorneys for Plaintiff
  • Herself and All Others Similarly Situated,) CLASS ACTION
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased the publicly ck, Oracle's Chairman dumped almost $900 million worth of his own Oracle stock at artificially
  • The Company offers databases and relational servers, application development and decision
  • Oracle's software runs on network computers, personal digital assistants, set-top devices,
  • At the beginning of the Class Period, defendants represented that Oracle would have
  • Defendants assured investors that Oracle's new 11i Suite required no programming systems
  • However, Ellison actually knew that the Suite was fraught with massive technical problems,
  • Throughout January and February 2001, defendants repeatedly stated that Oracle's Q3 2001
  • In addition to having actual knowledge of the falsity of these statements, Ellison had the
  • In a press release Oracle stated: o Oracle would post sequential EPS declines.
  • Defendants' misconduct has wiped out over $90 billion in market capitalization as Oracle
  • Acts and transactions giving rise to the violations of law complained of occurred here.
  • Plaintiff Brenda Greenblatt purchased Oracle publicly traded securities as detailed in the
  • Defendant Oracle supplies software for enterprise information management.
  • During the Class Period, defendant Ellison was in possession of the following confidential y of whom were in Oracle's service department; Oracle's customers were refusing to upgrade to the by the defendants; demand for Oracle's products was not nearly as healthy as represented due to
  • thirty of Oracle's significant Internet customers were no longer in business.
  • Ellison also knew that unless he continued to ship 11i in its current faulty form, it would

  • 10 . COMPLAINT 7

    EXTRACTED KEY WORDS
    DEFENDANTS
    ELLISON
    SUITE
    PLAINTIFF
    GROWTH
    PUBLICLY TRADED SECURITIES
    CUSTOMERS
    BUSINESS
    ORACLE SHARES
    CLASS ACTION
    MARKET
    DEMAND
    DATABASE
    CHAIRMAN
    EPS
    ORACLE STOCK
    PROSPECTS
    ENTERPRISE INFORMATION MANAGEMENT
    ENTERPRISE BUSINESS APPLICATIONS
    SYSTEMS INTEGRATION
    LLP
    SAN FRANCISCO
    ATTORNEYS
    FEDERAL SECURITIES LAWS
    DISSEMINATION
    INTERNET CUSTOMERS
    POWERFUL SUPER COMPUTERS
    CLASS PERIOD HIGH
    EPS DECLINES
    
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    MICHAEL R.R. REESE (206773)
    100 Pine Street, Suite 2600
    San Francisco, CA 94111
    Telephone: 415/288-4545
    415/288-4534 (fax)
        - and -
    WILLIAM S. LERACH (68581)
    MARK SOLOMON (151949)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    SCHIFFRIN & BARROWAY, LLP
    MARC A. TOPAZ
    Three Bala Plaza East, Suite 400
    Bala Cynwyd, PA 19004
    Telephone: 610/667-7706
    610/667-7056 (fax)
    
    CAULEY, GELLER, BOWMAN
    & COATES, LLP
    PAUL J. GELLER
    One Boca Place, Suite 421A
    2255 Glades Road
    Boca Raton, FL 33431
    Telephone: 561/750-3000
    561/750-3364 (fax)
    
    Attorneys for Plaintiff
    
    
    
                                  UNITED STATES DISTRICT COURT
    
                             NORTHERN DISTRICT OF CALIFORNIA
    
    
                                                )   No. C-01-1047-MEJ
    ITZHAK AZERRAD, On Behalf of                )
    
    
    
    
    SNIPPETS:
  • San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 - and -WILLIAM S. LERACH MARK
  • SCHIFFRIN & BARROWAY, LLP MARC A. TOPAZ
  • Three Bala Plaza East, Suite 400
  • Attorneys for Plaintiff
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased the publicly ck, Oracle's Chairman dumped almost $900 million worth of his own Oracle stock at artificially
  • The Company offers databases and relational servers, application development and decision
  • Oracle's software runs on network computers, personal digital assistants, set-top devices,
  • At the beginning of the Class Period, defendants represented that Oracle would have
  • Defendants assured investors that Oracle's new 11i Suite required no programming systems
  • However, Ellison actually knew that the Suite was fraught with massive technical problems,
  • Throughout January and February 2001, defendants repeatedly stated that Oracle's Q3 2001
  • In addition to having actual knowledge of the falsity of these statements, Ellison had the
  • In a press release Oracle stated: o Oracle would post sequential EPS declines.
  • Defendants' misconduct has wiped out over $90 billion in market capitalization as Oracle
  • Plaintiff Itzhak Azerrad purchased Oracle publicly traded securities as detailed in the
  • Defendant Oracle supplies software for enterprise information management.
  • During the Class Period, defendant Ellison was in possession of the following confidential y of whom were in Oracle's service department; Oracle's customers were refusing to upgrade to the by the defendants; demand for Oracle's products was not nearly as healthy as represented due to
  • thirty of Oracle's significant Internet customers were no longer in business.
  • CLASS ACTION ALLEGATIONS

  • 11 . COMPLAINT 6

    EXTRACTED KEY WORDS
    DEFENDANTS
    ELLISON
    PLAINTIFFS
    GROWTH
    PUBLICLY TRADED SECURITIES
    CUSTOMERS
    BUSINESS
    ORACLE SHARES
    DEMAND
    MARKET
    CLASS ACTION
    SUITE
    DATABASE
    CHAIRMAN
    EPS
    ORACLE STOCK
    ENTERPRISE INFORMATION MANAGEMENT
    ENTERPRISE BUSINESS APPLICATIONS
    SYSTEMS INTEGRATION
    SAN FRANCISCO
    FEDERAL SECURITIES LAWS
    DISSEMINATION
    MISLEADING
    INTERNET CUSTOMERS
    POWERFUL SUPER COMPUTERS
    CLASS PERIOD HIGH
    EPS DECLINES
    PROJECTIONS
    VIOLATIONS
    
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    MICHAEL R.R. REESE (206773)
    100 Pine Street, Suite 2600
    San Francisco, CA 94111
    Telephone: 415/288-4545
    415/288-4534 (fax)
        - and -
    WILLIAM S. LERACH (68581)
    MARK SOLOMON (151949)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    BULL & LIFSHITZ, LLP
    PETER D. BULL
    JOSHUA M. LIFSHITZ
    246 West 38th Street
    New York, NY 10018
    Telephone: 212-869-9449
    212/869-5632 (fax)
    
    WEINSTEIN, KITCHENOFF,
    SCARLATO & GOLDMAN, LTD.
    MARK S. GOLDMAN
    1608 Walnut Street, Suite 1400
    Philadelphia, PA 19103
    Telephone: 215/545-7200
    215/545-6535 (fax)
    
    Attorneys for Plaintiffs
    
    [Additional counsel appear on signature page.]
    
    
    
                               UNITED STATES DISTRICT COURT
    
                             NORTHERN DISTRICT OF CALIFORNIA
    
    
    
    
    
    
    SNIPPETS:
  • San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 - and -WILLIAM S. LERACH MARK
  • Attorneys for Plaintiffs
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased the publicly ck, Oracle's Chairman dumped almost $900 million worth of his own Oracle stock at artificially
  • The Company offers databases and relational servers, application development and decision
  • Oracle's software runs on network computers, personal digital assistants, set-top devices,
  • At the beginning of the Class Period, defendants represented that Oracle would have
  • Defendants assured investors that Oracle's new 11i Suite required no programming systems
  • However, Ellison actually knew that the Suite was fraught with massive technical problems,
  • Throughout January and February 2001, defendants repeatedly stated that Oracle's Q3 2001
  • database and application sales were rapidly growing and that the slowing economy was showing
  • In addition to having actual knowledge of the falsity of these statements, Ellison had the
  • In a press release Oracle stated: o Oracle would post sequential EPS declines.
  • Defendants' misconduct has wiped out over $90 billion in market capitalization as Oracle
  • Acts and transactions giving rise to the violations of law complained of occurred here.
  • Plaintiff David Lowinger purchased Oracle publicly traded securities as detailed in the
  • Defendant Oracle supplies software for enterprise information management.
  • During the Class Period, defendant Ellison was in possession of the following confidential y of whom were in Oracle's service department; Oracle's customers were refusing to upgrade to the by the defendants; demand for Oracle's products was not nearly as healthy as represented due to
  • thirty of Oracle's significant Internet customers were no longer in business.
  • Ellison also knew that unless he continued to ship 11i in its current faulty form, it would
  • Each of the statements made by defendants between December 14, 2000 and March 1, 2001 were
  • This is a class action on behalf of purchasers of Oracle publicly traded securities between

  • 12 . COMPLAINT 5

    EXTRACTED KEY WORDS
    ELLISON
    DEFENDANTS
    PLAINTIFF
    GROWTH
    PUBLICLY TRADED SECURITIES
    CUSTOMERS
    BUSINESS
    ORACLE SHARES
    MARKET
    DEMAND
    CLASS ACTION
    SUITE
    DATABASE
    CHAIRMAN
    EPS
    ORACLE STOCK
    SAN FRANCISCO
    PROSPECTS
    ENTERPRISE INFORMATION MANAGEMENT
    ENTERPRISE BUSINESS APPLICATIONS
    SYSTEMS INTEGRATION
    ATTORNEYS
    INTERNET CUSTOMERS
    POWERFUL SUPER COMPUTERS
    CLASS PERIOD HIGH
    EPS DECLINES
    PROJECTIONS
    CHAIRMAN LAWRENCE
    VIOLATIONS
    
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    MICHAEL R.R. REESE (206773)
    100 Pine Street, Suite 2600
    San Francisco, CA 94111
    Telephone: 415/288-4545
    415/288-4534 (fax)
        - and -
    WILLIAM S. LERACH (68581)
    MARK SOLOMON (151949)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    KAPLAN, KILSHEIMER & FOX LLP
    LAURENCE D. KING (206423)
    100 Pine Street, 26th Floor
    San Francisco, CA 94111
    Telephone: 415/677-1238
    415/677-1233 (fax)
        - and -
    FREDERIC S. FOX
    JONATHAN K. LEVINE
    805 Third Avenue, 22nd Floor
    New York, NY 10022
    Telephone: 212/687-1980
    212/687-7714 (fax)
    
    LAW OFFICES OF KENNETH A.
    ELAN
    KENNETH A. ELAN
    217 Broadway, Suite 404
    New York, NY 10007
    Telephone: 212/619-0261
    212/385-2707 (fax)
    
     Attorneys for Plaintiff
    
    
    
                              UNITED STATES DISTRICT COURT
    
                             NORTHERN DISTRICT OF CALIFORNIA
    
    
    SNIPPETS:
  • San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 - and -WILLIAM S. LERACH MARK
  • Attorneys for Plaintiff
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased the publicly ck, Oracle's Chairman dumped almost $900 million worth of his own Oracle stock at artificially
  • The Company offers databases and relational servers, application development and decision
  • Oracle's software runs on network computers, personal digital assistants, set-top devices,
  • At the beginning of the Class Period, defendants represented that Oracle would have
  • Defendants assured investors that Oracle's new 11i Suite required no programming systems
  • However, Ellison actually knew that the Suite was fraught with massive technical problems,
  • Throughout January and February 2001, defendants repeatedly stated that Oracle's Q3 2001
  • In addition to having actual knowledge of the falsity of these statements, Ellison had the
  • In a press release Oracle stated: o Oracle would post sequential EPS declines.
  • Defendants' misconduct has wiped out over $90 billion in market capitalization as Oracle
  • Acts and transactions giving rise to the violations of law complained of occurred here.
  • Plaintiff Mary Haenel purchased Oracle publicly traded securities as detailed in the attached
  • Defendant Oracle supplies software for enterprise information management.
  • During the Class Period, defendant Ellison was in possession of the following confidential y of whom were in Oracle's service department; Oracle's customers were refusing to upgrade to the by the defendants; demand for Oracle's products was not nearly as healthy as represented due to
  • thirty of Oracle's significant Internet customers were no longer in business.
  • Ellison also knew that unless he continued to ship 11i in its current faulty form, it would
  • This is a class action on behalf of purchasers of Oracle publicly traded securities between

  • 13 . COMPLAINT 4

    EXTRACTED KEY WORDS
    SECURITIES
    VIOLATION
    SUITE
    SECURITIES LAWS
    ELLISON
    EXCHANGE ACT
    BUSINESS
    DEFENDANTS
    CUSTOMERS
    SHARES
    SALES
    GROWTH
    MARKET
    PLAINTIFF
    PRICE
    FEDERAL SECURITIES
    COMPLAINT
    PROSPECTS
    PLAINTIF UNITED STATES
    APPLICATIONS
    EPS
    TECHNOLOGY
    PROJECTIONS
    WILSHIRC BOULEVARD
    STATES DISTNCT COURT
    INTERNET CUSTOMERS
    ARTIFICIALRY
    TECHNOLOGY CONFERENCE
    SANDERSON
    
                Kevin J, Yourman (1471.59)
                miss ik Y@JR"VR,MN
         d      10940 Wilshirc Boulevard
                24th Floor
                Los Angeles, CA 90023
                Tel:  (3 10) 208-2800
         L      Fax: (3 10) 209-2343
         e
                Michael D, Braun (167416)
         c  Timothy J. Burke  (I 8 1 866)
                STULL, STILL & BRODY
         L
          1     10940 Wilshire Boulevard
                Suite 2300
         5  Las Angelcs, CA 90024
         s
        1c
    2 Attorneys for Plaintif  UNITED STATES DISTNCT COURT
                                               NORTHERN DlSTRlCT OF CAtIFORMA        FILE
    
        14  ROSLTND W A L A N 4  On Behalfof
                Herself and  All Othm  SimiIarly SiGted,
        I5
                                         Plaintiff,
        16                                                          COMPLATNT FOR VIOLATION OF THE
                       vs.
        17                                                   1      FEDERAL  SECURITIES LAWS
                OUCLE CORPORATION and                        1
        18  LAWRENCE J. ELLISON,                             1      DEMAND FOR JURY T         W
                                                             1
        19                               Defendants.         i
       20
       21
       22
       23
    
       24
    
       25
       26
       27
       28
    
                :OMPLAINT  FOR VIOLATION  OF THE  F E D E M L  SECURITIES  LAWS
    
    
    
    1            Plaintiff, Through her attorneys, brings this action on behalf of herself and aII 
    2  situated,  and on pcrsond knowledge as to herself and  her activities, and OR information and
    
    SNIPPETS:
  • miss ik Y@JR"VR,MN d 10940 Wilshirc Boulevard
  • Attorneys for Plaintif UNITED STATES DISTNCT COURT
  • :OMPLAINT FOR VIOLATION OF THE F E D E M L SECURITIES LAWS
  • Zorporarion ("Oracle" or the "Company") between December 15,2000, and March 1,2001,
  • seeking remedies under the Securities Exchange Act of I934 (the
  • "&xchange Act''), Defendants include: OracIe and its founder, CEO and Chairman Lawrence J,
  • Ellison.
  • 12 sewers, application development and decision support took, and enterprise business
  • 21 Oracle's stock price high while EIlison sold over 61 million shares of Oracle common stack
  • 24 Oracle's continuing ``strong" revenue and EFS growth, which continued to be made less than
  • COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES UWS
  • weeks earlier, that it would post revenue and EPS declines, sending Oracle's shares into a
  • COMPLAINT FOR VIOLATION OF THE FEDERAL SECURlTlES LAWS
  • which shares traded in an efficient market on the NASDAQ National Market
  • 14 dor-corn companies, Not onIy had h e dot-corn bubble burst, causing a decrease in sales ro
  • 1s new dot-corn customers, but also 30 of Oracle's dot-corn customers had closed their doors,
  • 17 programming systems integration work was required to implement the 1 li Suite rendering
  • a is traded on NASDAQ and governed by the provisions of the federal securities laws, Ellison
  • misstate or conceal such information from plaintiff and the investing pubIic.
  • thirty of Oracle's significant Internet customers
  • quarter projections.
  • 21 notified Oracle of reponed cuts to their infomation technology budgets.
  • 15 have never been stronger," said Sandy Sanderson, an executive vice president with Oracle.
  • Roberts, Oracle's Executive Vice President of North American Sales, discussed Oracle's third
  • Had plaintiff and the other members of the Class and the marketplace know of the true

  • 14 . COMPLAINT 3

    EXTRACTED KEY WORDS
    DEFENDANTS
    ELLISON
    PROSPECTS
    PLAINTIFF
    GROWTH
    PUBLICLY TRADED SECURITIES
    CUSTOMERS
    CLASS ACTION
    BUSINESS
    ORACLE SHARES
    MARKET
    DEMAND
    SUITE
    DATABASE
    CHAIRMAN
    EPS
    ORACLE STOCK
    MISLEADING STATEMENTS
    ENTERPRISE INFORMATION MANAGEMENT
    ENTERPRISE BUSINESS APPLICATIONS
    SYSTEMS INTEGRATION
    SAN FRANCISCO
    FEDERAL SECURITIES LAWS
    DISSEMINATION
    INTERNET CUSTOMERS
    POWERFUL SUPER COMPUTERS
    CLASS PERIOD HIGH
    EPS DECLINES
    CONFERENCE
    
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    MICHAEL R.R. REESE (206773)
    100 Pine Street, Suite 2600
    San Francisco, CA 94111
    Telephone: 415/288-4545
    415/288-4534 (fax)
        - and -
    WILLIAM S. LERACH (68581)
    MARK SOLOMON (151949)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    BERNSTEIN LIEBHARD & LIFSHITZ, LLP
    MICHAEL S. EGAN
    10 East 40th Street
    New York, NY 10016
    Telephone: 212/779-1414
    212/779-3218 (fax)
    
    Attorneys for Plaintiff
    
                                       UNITED STATES DISTRICT COURT
    
                                    NORTHERN DISTRICT OF CALIFORNIA
    
    
    SCHLOMO BIRNBAUM, On Behalf of                   )   No. C-01-1011-JL
    Himself and All Others Similarly Situated,       )   CLASS ACTION
                            Plaintiff,               )
                                                     )   COMPLAINT FOR VIOLATION
        vs.                                          )
                                                     )   OF THE FEDERAL SECURITIES
                                                     )   LAWS
    ORACLE CORPORATION and                           )
    LAWRENCE J. ELLISON,
                                                     )
                                                     )
                            Defendants.              )
    ___________________________________ )  DEMAND FOR JURY TRIAL
    
                                              INTRODUCTION
    
    
    SNIPPETS:
  • San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 - and -WILLIAM S. LERACH MARK
  • Attorneys for Plaintiff
  • Himself and All Others Similarly Situated,) CLASS ACTION
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased the publicly
  • CEO and Chairman Lawrence J. Ellison, for violations of the federal securities laws arising .S. financial market.
  • The Company offers databases and relational servers, application development and decision
  • Oracle's software runs on network computers, personal digital assistants, set-top devices,
  • At the beginning of the Class Period, defendants represented that Oracle would have
  • Defendants assured investors that Oracle's new 11i Suite required no programming systems
  • However, Ellison actually knew that the Suite was fraught with massive technical problems,
  • Throughout January and February 2001, defendants repeatedly stated that Oracle's Q3 2001
  • In addition to having actual knowledge of the falsity of these statements, Ellison had the
  • On March 1, 2001, Oracle revealed that, contrary to prior assurances by defendants of
  • Defendants' misconduct has wiped out over $90 billion in market capitalization as Oracle
  • Plaintiff Schlomo Birnbaum purchased Oracle publicly traded securities as detailed in the
  • Defendant Oracle supplies software for enterprise information management.
  • During the Class Period, defendant Ellison was in possession of the following confidential y of whom were in Oracle's service department; Oracle's customers were refusing to upgrade to the by
  • thirty of Oracle's significant Internet customers were no longer in business.
  • On December 15, 2000, Henley held a conference call with Radio on Wall Street to discuss

  • 15 . COMPLAINT 2

    EXTRACTED KEY WORDS
    FEDERAL SECURITIES LAWS
    ORACLE
    SUITE
    CLASS PERIOD
    DEFENDANTS
    BUSINESS
    SALES
    SHARES
    MARKET
    VLOLATLON
    CUSTOMERS
    GROWTH
    BRODY
    STOCK
    COMPLAINT
    PROSPECTS
    STULL
    EXCHANGE ACT
    VIOLATION
    PLAINTIFFS
    APPLICATIONS
    EPS
    TECHNOLOGY
    PROGRAMMING SYSTEMS INTEGRATION
    ECONOMIC SLOWDOWN
    MISLEADING
    EXECUTIVE VICE PRESIDENT
    TECHNOLOGY CONFERENCE
    PERSONAL KNOWLEDGE
    
                                                                                                       
      )MAR.
       ....  . 12.  01  10:32AM                 SA  &  A  lEGA1  SERVICE  6506974640
          I     *,      f. 1  CY,..'.            .I".,
                                                           " l   " Y Y      *(\*I
                                                                                4
    
    
    
    
    
                  J  Michael  D.
                                            Braun (16741'6)
                        Timothy J. Burke  (1 8 1 866)
                  m
                  L     STULL, Sn X L  & BRODY
                        10940 Wilshirc  Boulevard
                  ?
                  -  Suite 2300
                  4
    
                  C
                  -  Jules  Brody
                  e  Aaron  Brody
                        Tzivia Brodi
                  i  STULL, STULL & BRODY
                        6 East 45th Street
                  E  New York,  NY 10017
                        Tel:  (212 687-7230
                  S  Fa:  (212
                                            1 490-2022
       J Kcvin J. Yourman (147159)  ,
                        WEISS  & YOURMAN
                         10940 Wilshire Boulcvard
                        24th Floor
                        Los Angeles, CA 90024
                        "01:  (3 10) 208-2800
                        Fax:  (3 10) 209-2348
                 14  Attorneys  for Plaintiffs
                 15
                 16
                 17                                               NORTHERN  DISTRICT OF CALJFORNlA
                 18                                                                                    
                 19  YAIR YATSH and ADELE BRODY,
                         Custodian  for ALIZA  BRODY,#On BehaIf
                 20  3fThcmselves and A11 Othors  Similarly                              CLASS ACTION
                         Situated,
                21                                                                       COMPLAINT FOR
                                                     Plaintiffs;                         FEDERAL
    
    SNIPPETS:
  • L STULL, Sn X L & BRODY
  • 2;imilarly situated, and on personal knowledge as to themselves and their activities, and on
  • Corporation ("Oracle" or the "Company") between December 15,2000, and March I, 2001,
  • Defendants include: Oracle and its founder, CEO and Chairman Lawrence J,
  • 13 sewers, application development and decision support cools, and enterprise business
  • 20 disclosure of Oracle's slowing growth rate would have a huge negative impact on Oracle's
  • 22 Oracle's stock price high while Ellison sold over 61 million shares of Oracle common stock
  • COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS CASE NO.
  • weeks earlier, that it would post revenue and EPS declines, sending Oracle's shares into a
  • Oracle lost over 9 $90 biIlion in market capitalization as Oracle stack has fallen over 50%
  • and $27 ofthe Securitics`Exchange Act of 1934.
  • 16 1391because the acts charged herein, including the dissanidon of materially false and IS
  • defendant Ellison was in possession of &e following confidential 1: adverse information
  • 15 programming systems integration work was required to implement the 1 I i Suite rendering
  • 2(undesirable to Oracle's customers; (iii) Oracle's customers were refusing to uppdc to the 1
  • misstate or conceal such information fiorn plaintiffs and the investing pubIic.
  • 1f strongest growth prospects for the next several years.
  • By late 1999, Oracle was powaring 93% of all Internet companies 2: which had initiated
  • COMPLAINT FOR VlOLATlON OF THE FEDERAL SECURITIES LAWS
  • 13 required massive and expensive programming systems integration work.
  • Oracle repeatedly denied that the economic slowdown was having any impact
  • 27 Roberts, Oracle's Executive Vice President of North American Sales, discussed Oracle's
  • 28 quarter at the Robertson Stephens Technology Conference in San Francisco.

  • 16 . COMPLAINT 13

    EXTRACTED KEY WORDS
    DEFENDANTS
    ELLISON
    PLAINTIFFS
    GROWTH
    PUBLICLY TRADED SECURITIES
    CUSTOMERS
    BUSINESS
    ORACLE SHARES
    MARKET
    CLASS ACTION
    SUITE
    DATABASE
    CHAIRMAN
    EPS
    ORACLE STOCK
    MISLEADING STATEMENTS
    ENTERPRISE INFORMATION MANAGEMENT
    ENTERPRISE BUSINESS APPLICATIONS
    SYSTEMS INTEGRATION
    DISSEMINATION
    INTERNET CUSTOMERS
    POWERFUL SUPER COMPUTERS
    CLASS PERIOD HIGH
    EPS DECLINES
    PROJECTIONS
    SECURITIES FRAUD CLASS
    CHAIRMAN LAWRENCE
    VIOLATIONS
    FEDERAL SECURITIES LAWS
    
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    WILLIAM S. LERACH (68581)
    MARK SOLOMON (151949)
    DENISE M. DOUGLAS (183364)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    RABIN & PECKEL LLP
    JOSEPH V. McBRIDE
    275 Madison Avenue
    New York, NY 10016
    Telephone: 212/682-1818
    212/682-1892 (fax)
    
    LAW OFFICES OF BRUCE G. MURPHY
    BRUCE G. MURPHY
    265 Llwyds Lane
    Vero Beach, FL 32963
    Telephone: 561/231-4202
    561/231-4042 (fax)
    
    BRODSKY & SMITH, LLC
    EVAN J. SMITH
    11 Bala Avenue, Suite 39
    Bala Cynwyd, PA 19004
    Telephone: 610/668-7987
    610/660-0450 (fax)
    
    Attorneys for Plaintiffs
    
    [Additional counsel appear on signature page.]
    
    
                                     UNITED STATES DISTRICT COURT
                                 NORTHERN DISTRICT OF CALIFORNIA
    
    
                                                        )   No. C-01-1326-JCS
    WILLIAM FARRELL and L.A. MURPHY,                    )
    On Behalf of Themselves and All Others              )   CLASS ACTION
    Similarly Situated,                                 )   COMPLAINT FOR VIOLATION
                            Plaintiffs,                 )
    
    SNIPPETS:
  • This is a securities fraud class action on behalf of persons who purchased the publicly ck, Oracle's Chairman dumped almost $900 million worth of his own Oracle stock at artificially
  • The Company offers databases and relational servers, application development and decision
  • Oracle's software runs on network computers, personal digital assistants, set-top devices,
  • At the beginning of the Class Period, defendants represented that Oracle would have
  • Defendants assured investors that Oracle's new 11i Suite required no programming systems
  • However, Ellison actually knew that the Suite was fraught with massive technical problems,
  • Throughout January and February 2001, defendants repeatedly stated that Oracle's Q3 2001
  • In addition to having actual knowledge of the falsity of these statements, Ellison had the
  • In a press release Oracle stated: o Oracle would post sequential EPS declines.
  • Acts and transactions giving rise to the violations of law complained of occurred here.
  • Plaintiff William Farrell purchased Oracle publicly traded securities as detailed in the
  • Defendant Oracle supplies software for enterprise information management.
  • During the Class Period, defendant Ellison was in possession of the following confidential y of whom were in Oracle's service department; Oracle's customers were refusing to upgrade to the by
  • thirty of Oracle's significant Internet customers were no longer in business.
  • Ellison also knew that unless he continued to ship 11i in its current faulty form, it would
  • Oracle shares soared to a Class Period high of $35.
  • This is a class action on behalf of purchasers of Oracle publicly traded securities between
  • Plaintiffs' claims are typical of those of the Class.

  • 17 . COMPLAINT 12

    EXTRACTED KEY WORDS
    DEFENDANTS
    ELLISON
    ORACLE STOCK
    PROSPECTS
    PLAINTIFF
    GROWTH
    PUBLICLY TRADED SECURITIES
    CUSTOMERS
    BUSINESS
    ORACLE SHARES
    CLASS ACTION
    MARKET
    SUITE
    DATABASE
    CHAIRMAN
    EPS
    MISLEADING STATEMENTS
    ENTERPRISE INFORMATION MANAGEMENT
    ENTERPRISE BUSINESS APPLICATIONS
    SYSTEMS INTEGRATION
    DISSEMINATION
    INTERNET CUSTOMERS
    POWERFUL SUPER COMPUTERS
    CLASS PERIOD HIGH
    EPS DECLINES
    PROJECTIONS
    CONFERENCE
    VIOLATIONS
    FEDERAL SECURITIES LAWS
    
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    WILLIAM S. LERACH (68581)
    MARK SOLOMON (151949)
    DENISE M. DOUGLAS (183364)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    LAW OFFICE OF KLARI NEUWELT
    KLARI NEUWELT
    110 East 59th Street, 29th Floor
    New York, NY 10022
    Telephone: 212/593-8800
    212/593-9131 (fax)
    
    Attorneys for Plaintiff
    
                                      UNITED STATES DISTRICT COURT
                                  NORTHERN DISTRICT OF CALIFORNIA
    
                                                     )   No. C-01-20263-PVT
    RICHARD ROSTHOLDER, On Behalf of                 )
    Himself and All Others Similarly Situated,       )   CLASS ACTION
                            Plaintiff,               )
                                                     )   COMPLAINT FOR VIOLATION
                                                             OF THE FEDERAL SECURITIES
        vs.                                          )
                                                     )   LAWS
                                                     )
    ORACLE CORPORATION and
                                                     )
    LAWRENCE J. ELLISON,                             )   DEMAND FOR JURY TRIAL
                                                     )
                            Defendants.              )
    ___________________________________
    
                                              INTRODUCTION
    
    1. This is a securities fraud class action on behalf of persons who purchased the publicly
    traded securities of Oracle Corporation ("Oracle" or the "Company") between December
    15, 2000 and March 1, 2001 (the "Class Period"), against Oracle and one of its founders,
    CEO and Chairman Lawrence J. Ellison, for violations of the federal securities laws
    arising out of defendants' dissemination of false and misleading statements concerning
    
    SNIPPETS:
  • Attorneys for Plaintiff
  • Himself and All Others Similarly Situated,) CLASS ACTION
  • This is a securities fraud class action on behalf of persons who purchased the publicly ck, Oracle's Chairman dumped almost $900 million worth of his own Oracle stock at artificially
  • The Company offers databases and relational servers, application development and decision
  • Oracle's software runs on network computers, personal digital assistants, set-top devices,
  • At the beginning of the Class Period, defendants represented that Oracle would have
  • Defendants assured investors that Oracle's new 11i Suite required no programming systems
  • However, Ellison actually knew that the Suite was fraught with massive technical problems,
  • Throughout January and February 2001, defendants repeatedly stated that Oracle's Q3 2001
  • In addition to having actual knowledge of the falsity of these statements, Ellison had the
  • In a press release Oracle stated: o Oracle would post sequential EPS declines.
  • Defendants' misconduct has wiped out over $90 billion in market capitalization as Oracle
  • Acts and transactions giving rise to the violations of law complained of occurred here.
  • Plaintiff Richard Rostholder purchased Oracle publicly traded securities as detailed in the
  • Defendant Oracle supplies software for enterprise information management.
  • During the Class Period, defendant Ellison was in possession of the following confidential y of whom were in Oracle's service department; Oracle's customers were refusing to upgrade to the by the defendants; demand for Oracle's products was not nearly as healthy as represented due to
  • thirty of Oracle's significant Internet customers were no longer in business.
  • Ellison also knew that unless he continued to ship 11i in its current faulty form, it would
  • On December 15, 2000, Henley held a conference call with Radio on Wall Street to discuss

  • 18 . COMPLAINT 11

    EXTRACTED KEY WORDS
    DEFENDANTS
    ELLISON
    PROSPECTS
    PLAINTIFF
    GROWTH
    PUBLICLY TRADED SECURITIES
    CUSTOMERS
    BUSINESS
    ORACLE SHARES
    CLASS ACTION
    MARKET
    SUITE
    DATABASE
    CHAIRMAN
    EPS
    ORACLE STOCK
    MISLEADING STATEMENTS
    ENTERPRISE INFORMATION MANAGEMENT
    ENTERPRISE BUSINESS APPLICATIONS
    SYSTEMS INTEGRATION
    FEDERAL SECURITIES LAWS
    DISSEMINATION
    INTERNET CUSTOMERS
    POWERFUL SUPER COMPUTERS
    CLASS PERIOD HIGH
    EPS DECLINES
    PROJECTIONS
    CONFERENCE
    VIOLATIONS
    
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    WILLIAM S. LERACH (68581)
    MARK SOLOMON (151949)
    DENISE M. DOUGLAS (183364)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    SAVETT FRUTKIN PODELL &
    RYAN, P.C.
    BARBARA A. PODELL
    325 Chestnut Street, Suite 700
    Philadelphia, PA 19106
    Telephone: 215/923-5400
    215/923-9353 (fax)
    
    JAROSLAWICZ & JAROS
    DAVID JAROSLAWICZ
    150 William Street, 19th Floor
    New York, NY 10038
    Telephone: 212/227-2780
    212/732-6746 (fax)
    
    LEVIN, FISHBEIN, SEDRAN &
    BERMAN
    ARNOLD LEVIN
    510 Walnut Street, Suite 500
    Philadelphia, PA 19106
    Telephone: 215/592-1500
    215/592-4663 (fax)
    
    Attorneys for Plaintiff
    
                                      UNITED STATES DISTRICT COURT
                                  NORTHERN DISTRICT OF CALIFORNIA
    
                                                     )   No. C-01-1263-WDB
    BRUCE H. TUCHMAN, On Behalf of                   )
    Himself and All Others Similarly Situated,       )   CLASS ACTION
                            Plaintiff,               )
                                                     )   COMPLAINT FOR VIOLATION
                                                            OF THE FEDERAL SECURITIES
        vs.                                          )
    
    SNIPPETS:
  • Attorneys for Plaintiff
  • Himself and All Others Similarly Situated,) CLASS ACTION
  • This is a securities fraud class action on behalf of persons who purchased the publicly ck, Oracle's Chairman dumped almost $900 million worth of his own Oracle stock at artificially
  • The Company offers databases and relational servers, application development and decision
  • Oracle's software runs on network computers, personal digital assistants, set-top devices,
  • At the beginning of the Class Period, defendants represented that Oracle would have
  • Defendants assured investors that Oracle's new 11i Suite required no programming systems
  • However, Ellison actually knew that the Suite was fraught with massive technical problems,
  • Throughout January and February 2001, defendants repeatedly stated that Oracle's Q3 2001
  • In addition to having actual knowledge of the falsity of these statements, Ellison had the
  • In a press release Oracle stated: o Oracle would post sequential EPS declines.
  • Defendants' misconduct has wiped out over $90 billion in market capitalization as Oracle
  • Acts and transactions giving rise to the violations of law complained of occurred here.
  • Plaintiff Bruce H. Tuchman purchased Oracle publicly traded securities as detailed in the
  • Defendant Oracle supplies software for enterprise information management.
  • During the Class Period, defendant Ellison was in possession of the following confidential y of whom were in Oracle's service department; Oracle's customers were refusing to upgrade to the by the defendants; demand for Oracle's products was not nearly as healthy as represented due to
  • thirty of Oracle's significant Internet customers were no longer in business.
  • Ellison also knew that unless he continued to ship 11i in its current faulty form, it would
  • On December 15, 2000, Henley held a conference call with Radio on Wall Street to discuss

  • 19 . COMPLAINT 10

    EXTRACTED KEY WORDS
    DEFENDANTS
    ELLISON
    ORACLE STOCK
    PROSPECTS
    PRICES
    PLAINTIFF
    GROWTH
    PUBLICLY TRADED SECURITIES
    CUSTOMERS
    BUSINESS
    ORACLE SHARES
    MARKET
    DEMAND
    CLASS ACTION
    SUITE
    ARTIFICIALLY INFLATED PRICES
    EPS
    MISLEADING STATEMENTS
    ENTERPRISE INFORMATION MANAGEMENT
    ENTERPRISE BUSINESS APPLICATIONS
    SYSTEMS INTEGRATION
    FEDERAL SECURITIES LAWS
    DISSEMINATION
    INTERNET CUSTOMERS
    POWERFUL SUPER COMPUTERS
    CLASS PERIOD HIGH
    EPS DECLINES
    PROJECTIONS
    CONFERENCE
    
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    WILLIAM S. LERACH (68581)
    MARK SOLOMON (151949)
    DENISE M. DOUGLAS (183364)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    SCHOENGOLD & SPORN, P.C.
    JAY P. SALTZMAN
    19 Fulton Street, Suite 406
    New York, NY 10038
    Telephone: 212/964-0046
    212/267-8137 (fax)
    
    Attorneys for Plaintiff
    
    
                                      UNITED STATES DISTRICT COURT
                                  NORTHERN DISTRICT OF CALIFORNIA
    
                                                   )   No. C-01-1174-JCS
    BARRY GORDON, On Behalf of Himself             )
    and All Others Similarly Situated,             )   CLASS ACTION
                            Plaintiff,             )
                                                   )   COMPLAINT FOR VIOLATION
                                                          OF THE FEDERAL SECURITIES
        vs.                                        )
                                                   )   LAWS
                                                   )
    ORACLE CORPORATION and
                                                   )
    LAWRENCE J. ELLISON,
                                                   )
                                                   )
                            Defendants.            )
    __________________________________  DEMAND FOR JURY TRIAL
    
                                              INTRODUCTION
    
    1. This is a securities fraud class action on behalf of persons who purchased the publicly
    traded securities of Oracle Corporation ("Oracle" or the "Company") between December
    15, 2000 and March 1, 2001 (the "Class Period"), against Oracle and one of its founders,
    
    SNIPPETS:
  • Attorneys for Plaintiff
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased the publicly ck, Oracle's Chairman dumped almost $900 million worth of his own Oracle stock at artificially
  • The Company offers databases and relational servers, application development and decision
  • Oracle's software runs on network computers, personal digital assistants, set-top devices,
  • At the beginning of the Class Period, defendants represented that Oracle would have
  • Defendants assured investors that Oracle's new 11i Suite required no programming systems
  • However, Ellison actually knew that the Suite was fraught with massive technical problems,
  • Throughout January and February 2001, defendants repeatedly stated that Oracle's Q3 2001
  • In addition to having actual knowledge of the falsity of these statements, Ellison had the
  • In a press release Oracle stated: o Oracle would post sequential EPS declines.
  • Defendants' misconduct has wiped out over $90 billion in market capitalization as Oracle
  • Plaintiff Barry Gordon purchased Oracle publicly traded securities as detailed in the
  • Defendant Oracle supplies software for enterprise information management.
  • During the Class Period, defendant Ellison was in possession of the following confidential y of whom were in Oracle's service department; Oracle's customers were refusing to upgrade to the by the defendants; demand for Oracle's products was not nearly as healthy as represented due to
  • artificial inflation caused thereby and sold 29 million shares of Oracle stock at
  • thirty of Oracle's significant Internet customers were no longer in business.
  • Ellison also knew that unless he continued to ship 11i in its current faulty form, it would
  • On December 15, 2000, Henley held a conference call with Radio on Wall Street to discuss
  • This is a class action on behalf of purchasers of Oracle publicly traded securities between

  • 20 . COMPLAINT 1

    EXTRACTED KEY WORDS
    DEFENDANTS
    ELLISON
    PROSPECTS
    GROWTH
    PLAINTIFF
    PUBLICLY TRADED SECURITIES
    CUSTOMERS
    CLASS ACTION
    BUSINESS
    ORACLE SHARES
    MARKET
    DEMAND
    SUITE
    DATABASE
    CHAIRMAN
    ORACLE STOCK
    EPS
    MISLEADING STATEMENTS
    ENTERPRISE INFORMATION MANAGEMENT
    ENTERPRISE BUSINESS APPLICATIONS
    SYSTEMS INTEGRATION
    SAN FRANCISCO
    DISSEMINATION
    INTERNET CUSTOMERS
    POWERFUL SUPER COMPUTERS
    CLASS PERIOD HIGH
    PROJECTIONS
    CONFERENCE
    FEDERAL SECURITIES LAWS
    
    
    
    
    MILBERG WEISS BERSHAD
    HYNES & LERACH LLP
    REED R. KATHREIN (139304)
    100 Pine Street, Suite 2600
    San Francisco, CA 94111
    Telephone: 415/288-4545
    415/288-4534 (fax)
        - and -
    WILLIAM S. LERACH (68581)
    MARK SOLOMON (151949)
    DARREN J. ROBBINS (168593)
    600 West Broadway, Suite 1800
    San Diego, CA 92101
    Telephone: 619/231-1058
    619/231-7423 (fax)
    
    LAW OFFICES OF ALFRED G.
    YATES, JR.
    ALFRED G. YATES, JR.
    519 Allegheny Building
    429 Forbes Avenue
    Pittsburgh, PA 15219
    Telephone: 412/391-5164
    412/471-1033 (fax)
    
    Attorneys for Plaintiff
    
                                           UNITED STATES DISTRICT COURT
    
                                        NORTHERN DISTRICT OF CALIFORNIA
    
    
    
         FRANK BIELANSKI, On Behalf of                    )    No. C-01-1001-MEJ
         Himself and All Others Similarly Situated,       )    CLASS ACTION
                                 Plaintiff,               )
                                                          )    COMPLAINT FOR VIOLATION
             vs.                                          )
                                                          )    OF THE FEDERAL SECURITIES
                                                          )    LAWS
         ORACLE CORPORATION and                           )
         LAWRENCE J. ELLISON,
                                                          )
                                                          )
                                 Defendants.              )
    
    SNIPPETS:
  • Attorneys for Plaintiff
  • Himself and All Others Similarly Situated,) CLASS ACTION
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased the publicly ck, Oracle's Chairman dumped almost $900 million worth of his own Oracle stock at artificially
  • The Company offers databases and relational servers, application development and decision
  • Oracle's software runs on network computers, personal digital assistants, set-top devices,
  • At the beginning of the Class Period, defendants represented that Oracle would have
  • Defendants assured investors that Oracle's new 11i Suite required no programming systems
  • However, Ellison actually knew that the Suite was fraught with massive technical problems,
  • Throughout January and February 2001, defendants repeatedly stated that Oracle's Q3 2001
  • In addition to having actual knowledge of the falsity of these statements, Ellison had the
  • Defendants' misconduct has wiped out over $90 billion in market capitalization as Oracle
  • Plaintiff Frank Bielanski purchased Oracle publicly traded securities as detailed in the
  • Defendant Oracle supplies software for enterprise information management.
  • During the Class Period, defendant Ellison was in possession of the following confidential y of whom were in Oracle's service department; Oracle's customers
  • thirty of Oracle's significant Internet customers were no longer in business.
  • unless they continued to ship the 11i in its current faulty form, it would be impossible to
  • FALSE AND MISLEADING STATEMENTS DURING THE CLASS PERIOD
  • On December 15, 2000, Henley held a conference call with Radio on Wall Street to discuss
  • On February 13, 2001, George Roberts, Oracle's Executive Vice President of North American

  • 21 . CERTIFICATION OF TIMOTHY J BURKE