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Case Status:    SETTLED  
—On or around 02/23/2009 (Date of order of final judgment)
Current/Last Presiding Judge:  
Hon. Patty Shwartz

Filing Date: July 15, 2005

Majesco Entertainment Company ("Majesco" or the Company) publishes and distributes video games.

The original Complaint alleges that Defendants, Majesco and certain of its officers, represented that the Company's revenue and income would continue to grow over its impressive 2004 and first half of 2005 results in its fiscal year 2005, even as the Company increased its investment in product development and marketing. According to Defendants, the Company expected $175-$185 million in net revenues and operating income of $16-$18 million in 2005, representing strong growth over Majesco's 2004 results. Unbeknownst to investors, however, Majesco's strong reported growth resulted, in material part, from the Company having inundated its retailers with product that Defendants knew was in excess of end-user demand. Defendants representations regarding the Company's expected 2005 revenues and earnings lacked any basis and deceived investors about the true state of Majesco's business and prospects. As Defendants knew or recklessly disregarded, the Company's strong growth was unsustainable because retailers would either return a material quantity of unsold products or would meet 2005 demand by selling off excess inventory instead of ordering new products. In addition, unbeknownst to investors, but known to or recklessly disregarded by Defendants, two of the Company's new video game titles flopped, and the Company could not meet its earnings expectations without the success of these new titles. Defendants were motivated to engage in the wrongdoing alleged herein so that Majesco's planned secondary offering, which allowed many large stockholders, mostly institutions, to sell their personally held Majesco shares, would be priced higher than it would have been had investors known the truth about the Company's business.

The Complaint further alleges that on or around July 12, 2005, after the close of regular trading, Majesco issued a press release announcing a dramatic reduction in its expected 2005 results. Rather than earning $16-$18 million in 2005, Defendants announced that the Company would swing to a loss of $16-$19 million on revenues of $120 to $125 million. The Company attributed this astounding reversal to: substantially weaker demand for all of the Company's products; a glut of Majesco products sitting on retailers' shelves or in their stockrooms; and weak reorders. Majesco also announced that Defendant Yankowski had resigned his positions as Majesco's Chairman and Chief Executive Officer. In response to this announcement, the price of Majesco common stock plummeted, falling by 48% in one day, from $6.89 per share on July 12, 2005 to $3.56 per share on July 13, 2005, earning it the dubious distinction of being the largest percentage loser on the Nasdaq for the day.

As disclosed by the Company’s FORM 10-Q for the quarterly period ended July 31, 2006, on October 11, 2005, the Court consolidated the five cases and appointed a lead Plaintiff. On December 14, 2005, the lead Plaintiff filed an Amended Consolidated Complaint, which is now the operative Complaint.

On February 3, 2006, the Defendants filed various motions to dismiss the Amended Consolidated Complaint. On September 29, the Court issued an Order denying Defendants' Motion to Dismiss.

On September 27, 2007, the parties entered into a Stipulation of Settlement. On March 14, 2008, the parties entered into a second Stipulation of Settlement. The Court issued an Order preliminarily approving both Settlements on April 8. On February 23, 2009, the Court the Court granted final approval of the Settlement, including an award of Attorneys’ Fees and Expenses, and entered Final Judgment.

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