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Stanford Law School


Fidelity Management & Research Company (FMR) : Fidelity Ultra-Short Bond Fund
Summary: On February 23, 2009, the judge ordered related cases consolidated and appointed an individual investor to serve as lead plaintiff. The plaintiff's selection of co-lead counsel was also approved.

According to a press release dated June 5, 2008, a class action has been commenced on behalf of purchasers of the Fidelity Ultra-Short Bond Fund who purchased the Fund within three years of the filing of this lawsuit, seeking to pursue remedies under the Securities Act of 1933.

Specifically, the complaint charges Fidelity Management & Research Company ("FMR Co.") and certain related entities, among others, with violations of the Securities Act. FMR Co. is the investment advisor to the entire group of mutual funds under the Fidelity name.

The complaint alleges that on or about August 23, 2002, defendants began offering shares of the Ultra-Short Bond Fund pursuant to an initial registration statement, filed with the SEC as a Form 485BPOS (the "Registration Statement"). The complaint alleges that defendants solicited investors to purchase shares of the Ultra-Short Bond Fund by making statements that described the Fund as a fund that: (i) "Seeks a high level of current income consistent with the preservation of capital"; (ii) "allocates its assets across different market sectors and maturities"; (iii) has a "similar overall interest rate risk to the Lehman Brothers® 6 Month Swap Index"; and (iv) is geared toward the "preservation of capital." As alleged in the complaint, these statements were materially false and misleading because defendants did not adequately disclose the risks associated with investing in the Fund, including, for example, that the Fund was: (i) failing to compete with the Lehman Brothers® 6 Month Swap Index; and (ii) so heavily invested in high-risk mortgage-backed securities.

By June 11, 2007, defendants slowly began lowering the value of the share price for the Ultra-Short Bond Fund. Since then, the value of the Ultra-Short Bond Fund's share price has been precipitously lowered. By November 15, 2007, the value of the per-share price was reduced below $9. The shares were trading as low as $8.25 as of the filing of the complaint.

INDUSTRY CLASSIFICATION:
SIC Code:
Sector: Financial
Industry: Consumer Financial Services


COMPANY/ISSUER NAME: Fidelity Management & Research Company
COMPANY/ISSUER TICKER: FUSFX
COMPANY WEBSITE: http://www.fidelity.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Alan Zametkin, et al. v. Fidelity Management & Research Company, et al.
 COURT: D. Massachusetts  DOCKET NUMBER: 08-CV-10960
 JUDGE NAME: Hon. Mark L. Wolf
 DATE FILED: 06/05/2008  SOURCE: 
 CLASS PERIOD START: 06/05/2005  CLASS PERIOD END: 06/05/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Coughlin Stoia Geller Rudman & Robbins LLP (Melville)
      58 South Service Road, Suite 200, Melville, NY, 11747
       (voice) 631.367.7100, (fax) 631.367.1173, info@csgrr.com/
  • Dyer & Berens LLP
      682 Grant Street, Denver, CO, 80203-3507
       (voice) 303.861.1764, (fax) 303.861.1764, contact@dyerberens.com
  • Holzer Holzer & Fistel, LLC (Atlanta)
      1117 Perimeter Center West, Suite E-107, Atlanta, GA, 30338
       (voice) 770.392.0090, (fax) 770.392.0090,
  • Shapiro Haber & Urmy LLP (Boston)
      53 State Street, Boston, MA, 02109
       (voice) 617.439.3939, (fax) 617.439.0134, info@shulaw.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  4

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Complaint - Jury Trial Demanded
    Type: Complaint Date on the document: 6/5/2008
    Order
    Type: Order Appointing LP/LC Date on the document: 02/23/2009
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 02/23/2009

     OTHER DOCUMENTS
    Case Name and/or Number: 
    Type:  Date on the document: 

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