Electronic Arts, Inc. ("EA" or the Company) develops, markets, publishes and distributes video game software content and services that can be played by consumers on a variety of Internet-based electronic devices for video game consoles, personal computers, mobile phones, tablets and electronic readers.
The original Complaint charges EA and certain of its officers with violations of the Securities Exchange Act of 1934. Specifically, the Complaint alleges that the Company failed to disclose and misrepresented the following material adverse facts which were known to Defendants or recklessly disregarded by them: (1) that increased competition from its competitors was eroding EA market share; (2) that hardware shortages were material; (3) that EA continued to suffer from operating margin compression; and (4) that as a result of the above, the Company's statements about its financial performance were lacking in any reasonable basis when made. The Complaint further alleges on or around March 21, 2005, after the market closed, EA announced revised estimates for the Company's fiscal year ending March 31, 2005. News of this shocked the market. Shares of EA fell $11.20 per share or 16.88 percent, on March 22, 2005, to close at $55.15 per share.
According to the Stipulation Dismissing Action and Order Thereon dated January 26, 2006, on January 5, 2006, the Court granted the Defendants’ motion to dismiss, and the Court gave Plaintiffs 21 days to file an amended Complaint. Because the lead Plaintiff did not filed an amended Complaint, the case is dismissed with prejudice, except the class action allegations, which are dismissed without prejudice.
Pursuant to Federal Rule of Civil Procedure 41(a)(1), the Plaintiff in the action Baker v. Electronic Arts, Inc., et.al., voluntarily dismisses the Complaint without prejudice.