.
.
RWDI D. BANDMAN (145212)
100 pine Street, Suite 2600
San Ftancisco, CA 94111
Telephone: 415/288-4545
415/288-4534 (fax)
-and-
WILLIAM s. LERACH (68581)
DARREN J. ROBBINS 0685931
401 B Street, Suite l?OO- r
San Diego, CA 92101
Tel hone: 619/231-1058 ' ' .;
619 z3 l-7423 (fax) ~~*E=K&ELuE&R, BOW
1
SCHIFFRIN & BARROWAY, LLP PAUL J. GEIkER
4 MARC A. TOPAZ One Boca Place, Suite 42 1 A
Three Bala Plaza East, Suite 400 2255 Glades Road
l( BaIa Cynwyd, PA 19004 Boca Raton, FL 33431
relephone: 61 O/667-7706 Telephone: 561/750-3000
11 51 O/667-7056 (fix) 561/750-3364 (fax)
11 4ttomeys for Plaintiff 4
13 UNITED STATES DISTRICT COURT
14 N~RTtiERN DISTRICT OF CALIFORNIA
15
3fTRJSTOPHER LUKOWSKI,`On Behalf
16 bself and All Others Similarly
j CLASS ACTION.
17 Plaintiff, ; COMPLAINT FOR VIOLATlON OF THE
18 vs. ) FEDEW SECUFUTIES LAWS
1
19 XLPINE CORPORATION, ANN B. CURTIS )
nd PETER CARTWRIGHT; 1
20 1
Defadants. )
21 ) DEMAND FOR JURY TRIAL
22
23
24
2s
26
SNIPPETS:
San Ftancisco, CA 94111
19 XLPINE CORPORATION, ANN B. CURTIS)
eXch.ange Act of 1934 (the "Exchange Act').
securities and Exchange Commission [17 C.F.R. $240.1 Ob-S j.
13 i1331 and $27 of the Exchange Act.
Calpine, founded in 1984, acquires, develops,
25 wns, and operates power generation facilities, as well as sells electricity in the United
During the Class Period, Curtis sold 434,114 shares of stock for % l&073,594 in proceeds.
12 Defendants."
14 o the adverse undisclosed information about its business, operations, products,
21 lad to presume that the fdse, misleading and incomplete information conveyed in the
management, earnings and present and fururr: business prospects, and to correct any
11 Company's publicly traded securities would be based upon truthful and accurate information.
and were aware of their materially false and misleading nature.
each of the Individual Defendants it
11 %sseminatiag materially false and misleading statements an&or concealing material adverse
13 md the intrinsic value of Calpine securities; enabled Calpine to sell billions of dollars
15 reld Calpine common stock to the unsuspecting public; and caused plaintiff and other
their relationship: "Merrill Lynch Bank USA as Pledgee for Perer
agreement B e regular option grants that he otherwise would have been entitled to
20 power plants, with an aggregate capacity of 4,273 megawatts, made up of 25 gas-fired
Thermal energy produced by she gas-fired cogeneration 26 facilities is sold to governmental
Tf rhe stock did not perform, financing would be difficult to fund the Company's
I8 maintaining the perception that Calpine's financials were "sound," thus inducing the top
president of Calpine Energy Services,
En ron transactions `I he said.
(al Defendants knew their projections were false when made but were concerned 17 bout
reprf3sentinga 424% increase over 2000 first quarter net income of $18.1 million.
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