1 JEFFREY H. SQUIRE
RANDALL K. BERGER
2 KIRBY McINERNEY & SQUIRE, LLP
830 Third Avenue, 10th Floor
3 New York, NY 10022
(212) 371-6600
4 LIONEL Z. GLANCY, #134180
5 MICHAEL GOLDBERG, #188669
GLANCY & BINKOW LLP
6 1801 Avenue of the Stars
Suite 311
7 Los Angeles, CA 90067
(310) 201-9150
8 Attorneys for Plaintiff
9
10 UNITED STATES DISTRICT COURT
11 SOUTHERN DISTRICT OF CALIFORNIA
12
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JOEL A. GERBER,
15 individually and on behalf of all others
similarly situated,
16 § Case No.
Plaintiff,
17
- against - § CLASS ACTION
18 § COMPLAINT
PEREGRINE SYSTEMS, INC., STEPHEN P.
19 GARDNER and MATTHEW C. GLESS, § JURY TRIAL
§ DEMANDED
20 Defendants.
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Plaintiff, by undersigned counsel, alleges the following upon personal knowledge as
24 plaintiff's acts and as to all other matters upon information and belief upon, inter alia, the
25 made by and through plaintiff's attorneys, including a review of the public filings of Peregrine
26 ("Peregrine" or the "Company") with the Securities and Exchange Commission ("SEC"), and public
27 statements made by or reasonably attributable to defendants or their agents.
28
SNIPPETS:
KIRBY McINERNEY & SQUIRE, LLP
#188669 GLANCY & BINKOW LLP
Attorneys for Plaintiff
PEREGRINE SYSTEMS, INC., STEPHEN P.
Plaintiff, by undersigned counsel, alleges the following upon personal knowledge as to
25 made by and through plaintiff's attorneys, including a review of the public filings of
for securities fraud under sections 10and 20of the Securities Exchange
Act of 1934, on behalf of a class comprised of all persons who purchased the common stock of
10 income for the period, excluding acquisition costs, was $12.1 million or $0.10 per diluted
22 Peregrine announced it had undertaken an investigation of the accounting treatment the
24 CFO, both defendants herein, had resigned, and that the Company had notified the SEC about
The claims asserted herein arise under sections 10and 20of the Exchange Act as amended,
17 corporation organized under the laws of Delaware with its principal place of business
25 Chief Executive Officer and Chairman of the Board of Directors.
11 with Peregrine, the Individual Defendants had access to non-public information about its
25 and/or possessed the authority to control the contents of its reports,
27 copies of the Company's reports and press releases alleged herein to be misleading,
During the Class Period,
Peregrine stock was substantially traded, with volume averaging at least approximately 3.5
Plaintiff and other members of the Class relied on the integrity of the market price of
22 misrepresentations or by omitting to state material facts necessary to render statements
15 income, excluding acquisition-related charges, for the period excluding acquisition costs
Net income for the period,
18 and performance so that the market prices of the Company's publicly traded stock would be
result of the Individual Defendants' wrongful conduct, plaintiff and the Class suffered
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