According to the docket, on September 8, 2005, the defendants filed a motion to dismiss the complaint. On July 21, 2005, the Court entered the Report and Recommendations of Magistrate Judge Steven M. Gold which recommended that the defendants’ motion to dismiss be granted. On August 16, 2005, the Court entered the Order adopting the recommendation without qualification, the defendants' motion to dismiss was granted, and Judgment was entered the next day.
The Complaint alleges that the GOALs(+) Prospectus Supplements misstated material facts and omitted material facts necessary to make the statements therein not misleading, for which Defendants, the sellers of these GOALs(+), are responsible. Investors in GOALs(+) ultimately were repaid for their investments pursuant to false and misleading GOALs(+) Prospectus Supplements with worthless or severely devalued stock, causing Plaintiffs and the class to sustain substantial damages. Although disguised as debt instruments, in fact GOALs(+) were extremely risky and esoteric derivative securities, in essence naked puts; a means by which UBS could foist devalued shares of companies (such as WorldCom) on investors at a profit.
Note: This action was brought on behalf of all persons who purchased GOALs
(+) Equity Linked Notes, including WorldCom, Inc., Nokia Corporation, The Home Depot, Inc., Cisco Systems, Inc. and other GOALs(+) linked to other companies, and issued by UBS AG and offered for sale and sold by Defendants, under SEC File
Number 333-46930 by means of Prospectuses filed by UBS with the SEC on or about: (i) November 21, 2000; (ii) December 8, 2000; (iii) December 20, 2000; (iv) February 26, 2001; (v) March 29, 2001; and (vi) May 17, 2001, supplemented
in various GOALs(+) Prospectus Supplements.