Silicon Graphics, Inc. - Securities Class Action

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_______________
Copyright (c) 2001
Stanford Law School

Silicon Graphics, Inc. Summary: On July 2, 1999, the U.S. Court of Appeals for the Ninth Circuit upheld the dismissal that was appealed in May 1996. The lawsuit was dismissed with prejudice by the District Court in May 1996. The Company had been named as a defendant in a putative class action lawsuit entitled DEANNA BRODY, ET. AL. V. EDWARD R. MCCRACKEN, ET. AL., which was filed on January 29, 1996 in the U.S. District Court for the Northern District of California. Certain current and former executive officers and directors of the Company were also named as defendants. The plaintiffs purported to represent a class of all persons who purchased the Company's common stock between October 19 and December 29, 1995 (the 'Class' Period'). The complaint alleged that the defendants violated various federal securities laws and California statutes through material misrepresentations and omissions during the Class Period.

According to the complaint, this is a class action on behalf of purchasers of the stock of Silicon Graphics, Inc. ("Silicon Graphics" or the "Company") between October 19, 1995 and December 29, 1995 (the "Class Period"). This action complains of a fraudulent scheme and course of business that operated as a fraud or deceit on purchasers of Silicon Graphics stock due to defendants' false and misleading statements about Silicon Graphics, while using Silicon Graphics' cash to purchase approximately one million of its shares on the open market, which enabled Silicon Graphics' insiders to sell over 400,000 shares of their stock at artificially inflated prices, pocketing over $14 million for themselves, thus profiting from their scheme.

INDUSTRY CLASSIFICATION:
SIC Code: 3571
Sector: Technology
Industry: Computer Hardware

COMPANY/ISSUER NAME:	Silicon Graphics, Inc.
COMPANY/ISSUER TICKER:	SGI
COMPANY WEBSITE:	http://www.sgi.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE

Brody, et al. v. Silicon Graphics, Inc., et al.

COURT: N.D. California	DOCKET NUMBER: 96-CV-00393
JUDGE NAME: Hon. Fern M. Smith
DATE FILED: 01/29/1996	SOURCE: Complaint
CLASS PERIOD START: 10/19/1995	CLASS PERIOD END: 12/29/1995
TYPE OF COMPLAINT: Unamended/Unconsolidated
PLAINTIFF FIRMS IN THIS OR SIMILAR CASE:
Alfred G. Yates, Jr. 429 Forbes Avenue, Pittsburgh , PA, 15219 (voice) 412.391.5164, (fax) , Barrack, Rodos & Bacine (San Diego) 402 West Broadway , San Diego, CA, 92101 (voice) 619.230.0800, (fax) 619.230.1874, info@barrack.com Curtis V. Trinko LLP 16 West 46th Street 7th Floor, New York, NY, 10036 (voice) 212.490.9550, (fax) 212.986.0158, ctrinko@trinko.com Faruqi & Faruqi LLP 320 East 39th Street, New York, NY, 10016 (voice) 212.983.9330, (fax) 212.983.9331, Nfaruqi@faruqilaw.com Gold Bennett Cera & Sidener LLP 595 Market Street, Suite 2300, San Francisco, CA, 94105-2835sco (voice) 800.778.1822, (fax) 415.777.5189, info@gbcsf.com Jaroslawicz & Jaros 150 William Street, New York, NY, 10038 (voice) 212.227.2780, (fax) , Kaplan Fox & Kilsheimer, LLP (New York, NY) 805 Third Avenue, 22nd Floor, New York, NY, 10022 (voice) 212.687.1980, (fax) 212.687.7714, info@kaplanfox.com Lawrence G. Soicher 342 Madison Avenue, 18th Floor , New York, NY, 10173 (voice) 212/883.8000, (fax) , Lowey, Dannenberg, Bemporad & Selinger, P.C. 1 North Lexington Avenue, 11th Floor, White Plains, NY, 10601-1714 (voice) 914.997.0500, (fax) 914.997.0035, ldbs@wesetnet.com Spector Roseman & Kodroff (San Diego) 1818 Market Street, Suite 2500, Philadelphia, PA, 19103 (voice) 215.496.0300, (fax) 215.496.6611, Stull, Stull & Brody (New York) 6 East 45th Street, New York, NY, 10017 (voice) 310.209.2468, (fax) 310.209.2087, SSBNY@aol.com Taylor, Gruver & McNew 3711 Kennett Pike, Suite 210 , Greenville, DE, 19807 (voice) , (fax) , Weiss & Yourman (New York, NY) The French Building, 551 Fifth Ave., Suite 1600, New York, NY, 10126 (voice) 212.682.3025, (fax) 212.682.3010, info@wyca.com Wolf Haldenstein Adler Freeman & Herz LLP 270 Madison Avenue, New York, NY, 10016 (voice) 212.545.4600, (fax) 212.686.0114, newyork@whafh.com _____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 14

DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
Complaint for Violation of the Securities Exchange Act of 1934
Type: Complaint		Date on the document: 01/26/1996
Memorandum of Points and Authorities in Support of Defendants' Motion To Dismiss the Securities Class Actions
Type: Other		Date on the document: 05/31/1996
Memorandum Of Points And Authorities In Support Of Defendants' Motion To Dismiss The Securities Class Actions
Type: Other		Date on the document: 05/31/1996
Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendants' Motion To Dismiss the Securities Class Actions
Type: Other		Date on the document: 07/11/1996
Reply Memorandum of Points and Authorities in Support of Defendants' Motion To Dismiss the Securities Class Actions
Type: Other		Date on the document: 07/31/1996
Order Granting Motions To Dismiss Class Action and Derivative Complaints
Type: Order		Date on the document: 09/25/1996

REFERENCE COMPLAINT

In Re Silicon Graphics, Inc. Securities Litigation

COURT: N.D. California	DOCKET NUMBER: 96-CV-00393
JUDGE NAME: Hon. Fern M. Smith
DATE FILED: 10/18/1996	SOURCE: Business Wires
CLASS PERIOD START: 09/13/1995	CLASS PERIOD END: 12/29/1995
TYPE OF COMPLAINT: First Consolidated
PLAINTIFF FIRMS NAMED IN COMPLAINT:
Lowey, Dannenberg, Bemporad & Selinger, P.C. 1 North Lexington Avenue, 11th Floor, White Plains, NY, 10601-1714 (voice) 914.997.0500, (fax) 914.997.0035, ldbs@wesetnet.com Milberg Weiss Bershad Hynes & Lerach LLP (San Diego, CA) 600 West Broadway, 1800 One America Plaza, San Diego, CA, 92101 (voice) 800.449.4900, (fax) , support@milberg.com _____________________________________________ TOTAL NUMBER OF PLAINTIFF FIRMS: 2

DOCUMENTS FOR THE REFERENCE COMPLAINT
First Amended Consolidated Complaint for Violation of the Securities Exchange Act of 1934
Type: Complaint		Date on the document: 10/17/1996
Memorandum of Points and Authorities in Support of Defendants' Motion To Dismiss the Amended Class Action Complaint
Type: Other		Date on the document: 12/13/1996
Brief of the Securities and Exchange Commission, Amicus Curiae, Concerning Defendants' Motion To Dismiss the Amended Complaint
Type: Brief		Date on the document: 01/31/1997
Brief of the American Electronics Association, Amicus Curiae, Regarding Defendants' Motion to Dismiss the Amended Complaint
Type: Brief		Date on the document: 03/28/1997
Defendants' Memorandum in Opposition to Plaintiff's Motion To Certify Decision Pursuant to 28 U.S.C. 1292(B)
Type: Other		Date on the document: 03/28/1997
Defendants' Memorandum In Response To Contentions Regarding Pleading Standards In Plaintiff's Motion For Interlocutory Appeal, Plaintiff's Opposition To Motion To Dismiss, And Amicus Brief Of The Securities & Exchange Commission
Type: Other		Date on the document: 03/28/1997
Defendants' Memorandum of Points and Authorities in Opposition to Plaintiff's Motion To Strike and Objection to Judicial Notice
Type: Other		Date on the document: 03/28/1997
Reply Memorandum of Points and Authorities in Support of Certain Individual Defendants' Motion for Summary Judgment and Motion To Dismiss
Type: Other		Date on the document: 03/28/1997
Reply Memorandum of Points and Authorities in Support of Defendants' Motion To Dismiss the Amended Class Action Complaint
Type: Other		Date on the document: 03/28/1997
Plaintiffs' Opposition to Defendants' Objection to and Motion To Strike the Declaration of Patrick Coughlin
Type: Other		Date on the document: 04/02/1997
Defendants' Reply Memorandum in Support of Objection to and Motion To Strike Declaration of Patrick Coughlin
Type: Other		Date on the document: 04/09/1997
Declaration of Joseph D. Daley in Support of Plaintiffs' Joint Reply to Defendants' Opposition to Motion to Strike and Objection to Judicial Notice and Motion to Certify Decision Pursuant to 28 U.S.C. Section 1292
Type: Declaration		Date on the document: 04/10/1997
Plaintiffs' Joint Reply to Defendants' Opposition to Motion to Strike and Objection to Judicial Notice and Motion to Certify Decision Pursuant to 28 U.S.C. Section 1292
Type: Other		Date on the document: 04/10/1997
Order Granting in Part Defendants' Motion To Dismiss; Granting Defendants' Motion for Partial Summary Judgment; Scheduling Order
Type: Order		Date on the document: 05/23/1997
U.S. District Court Civil Docket
Type: Docket		Date on the document: 06/01/2001

OTHER DOCUMENTS
Litigants
Case Name and/or Number: Reiner, et al. v. McCracken, et al.
Type: Other		Date on the document: 02/20/1996
CIVIL DOCKET FOR CASE #: 96-CV-1068
Case Name and/or Number: Janas v. McCracken, et al
Type: Docket		Date on the document: 06/07/1997
CIVIL DOCKET FOR CASE #: 96-CV-1111
Case Name and/or Number: Krim, et al. v. McCracken, et al.
Type: Docket		Date on the document: 06/07/1997
CIVIL DOCKET FOR CASE #: 96-CV-631
Case Name and/or Number: Reiner, et al. v. McCracken, et al.
Type: Docket		Date on the document: 06/07/1997
CIVIL DOCKET FOR CASE #: 96-CV-631
Case Name and/or Number: Reiner, et al. v. McCracken, et al.
Type: Docket		Date on the document: 06/07/1997
Litigants
Case Name and/or Number: Janas v. McCracken, et al.
Type: Other		Date on the document: 06/07/1997
Litigants
Case Name and/or Number: Krim, et al. v. McCracken, et al.
Type: Other		Date on the document: 06/07/1997
Brief of the Securities and Exchange Commission, Amicus Curiae
Case Name and/or Number: In Re Silicon Graphics, Inc. Securities Litigation
Type: Brief		Date on the document: 11/19/1997
Brief of the Securities and Exchange Commission, Amicus Curiae
Case Name and/or Number: In Re Silicon Graphics, Inc. Securities Litigation
Type: Brief		Date on the document: 11/19/1997
Brief of the American Electronics Association, Amicus Curiae
Case Name and/or Number: Brody, et al. v. McCracken, et al.
Type: Brief		Date on the document: 01/23/1999
Amended Opinion
Case Name and/or Number: Brody, et al. v. McCracken, et al.
Type: Other		Date on the document: 08/04/1999
Amended Concurring & Dissenting Opinion
Case Name and/or Number: Janas, et al. v. McCracken, et al.
Type: Other		Date on the document: 08/25/1999
Opinion
Case Name and/or Number: Janas, et al. v. McCracken, et al.
Type: Other		Date on the document: 01/05/2000
US Court of Appeals Docket
Case Name and/or Number: Janas, et al. v. McCracken, et al.
Type: Docket		Date on the document: 10/10/2000

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