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Case Status:    DISMISSED  
—On or around 03/25/2011 (Date of order of final judgment)
Current/Last Presiding Judge:  
Hon. A. Joe Fish

Filing Date: December 15, 2009

MetroPCS Communications Inc. ("MetroPCS" or the Company) is a wireless telecommunications carrier.

According to the press release dated December 15, 2009, the Complaint alleges that during the Class Period, Defendants issued a series of false and misleading statements and/or concealed material adverse facts regarding the Company’s business and prospects. Specifically, the Complaint alleges that Defendants’ statements misrepresented and failed to disclose the following adverse facts: (a) the Company was losing customers at a higher rate than previously experienced and was failing to add new customers due to increased competition; (b) the Company’s average revenue per user was lower than expected due to an increase in promotional activity; (c) the Company’s increase in subscribers in the first quarter was due to a promotion whereby customers received the first month free and could cancel without penalty; (d) the reported new subscriber numbers were artificially inflated by the inclusion of upgraded subscribers as new additions; (e) the costs of acquiring new customers was increasing due to an intensification of the Company’s marketing campaigns in the Northeast market along with its promotional activities; and (f) as a result of the foregoing, Defendants lacked a reasonable basis for their positive statements about the Company and its prospects.

Then, on November 5, 2009, before the market opened, MetroPCS issued a press release announcing its third quarter 2009 financial results, reporting that the Company’s net additions were below expectations due to elevated churn and a deceleration in gross additions, and lowering its guidance for the year. In response to the lowered guidance, the price of MetroPCS stock fell $0.61 per share, or 9%, to close at $6.01 per share.

On May 11, 2010, Senior Judge A. Joe Fish signed the order appointing Kevin Hopson as lead Plaintiff and approving lead Plaintiff’s choice of Coughlin Stoia Geller Rudman & Robbins LLP as lead Counsel and the Kendall Law Group, LLP as liaison Counsel for the class. On June 25, 2010, the lead Plaintiff filed a First Amended Class Action Complaint against the Defendants. On August 9, 2010, the Defendants filed a motion to dismiss the First Amended Complaint. The motion was denied on March 25, 2011.

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