According to the Final Judgment entered on July 27, 2000, the Court adopted the Magistrate Judge Marcia A. Crone's Memorandum and Recommendation and ordered the case dismissed. The Plaintiffs’ motion for leave to file an amended complaint was denied, with each party bearing its own costs and attorneys' fees.

The original complaint charges Defendants BMC Software, Inc. and certain of its officers and directors with violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. BMC Software, Inc. restated its financial results for the fiscal year 1998 ended March 31, 1998, and the first three quarters of fiscal 1999, ended June 30, 1998, September 30, 1998, and December 31, 1998 to reflect true earnings and revenue growth rates.