UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS (BOSTON)
CHARLES BROWN, Individually and On Behalf
of All Others Similarly Situated,
Plaintiff,
vs.
BIOGEN IDEC, INC., WILLIAM RASTETTER,
and JAMES MULLEN,
Defendants.
1:05-cv-10400 (RCL)
CARY GRILL, Individually and On Behalf of All
Others Similarly Situated,
Plaintiff,
vs.
BIOGEN IDEC, INC., WILLIAM RASTETTER
and JAMES MULLEN,
Defendants.
1:05-cv-10453 (RCL)
ROCHELLE LOBEL, Individually and On Behalf
of All Others Similarly Situated,
Plaintiff,
vs.
BIOGEN IDEC, INC., WILLIAM RASTETTER
and JAMES MULLEN,
Defendants.
1:05-cv-10801 (RCL)
MOTION BY THE BIOGEN INSTITUTIONAL INVESTOR GROUP TO SUBMIT
SUPPLEMENTAL AUTHORITY RELEVANT TO ITS MOTION FOR
CONSOLIDATION, APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF
LEAD PLAINTIFF’S SELECTION OF CO-LEAD AND LIAISON COUNSEL
Case 1:05-cv-10400-WGY Document 42 Filed 06/09/2005 Page 1 of 4
The New Jersey Carpenters Pension and Annuity Funds, Folksam Asset Management,
Third Millennium Trading LLP (“Third Millenium”), the Deerfield Beach Non-Uniformed
Municipal Employees Retirement Plan, the Plumbers and Pipefitters Local No. 520 Pension
Fund and Horatio Capital, LLC (“Horatio Capital”) (collectively, the “Biogen Institutional
Investor Group”) respectfully move this Court for leave to submit supplemental authority. As
grounds therefore, the Biogen Institutional Investor Group states that it seeks to bring to the
Court’s attention an important development which is relevant to this Court’s consideration of its
Motion For Consolidation, Appointment As Lead Plaintiff And Approval Of Lead Plaintiff’s
Selection Of Co-Lead And Liaison Counsel now pending in the above-entitled cases.
On June 6, 2005, the Honorable Joseph L. Tauro appointed Third Millenium and Horatio
Capital, and four other movants,1 as Lead Plaintiff and Milberg Weiss Bershad & Schulman LLP
and Entwistle & Cappucci LLP as Lead Counsel in the Elan securities class actions2 (“the Elan
Order”). A copy of the Elan order is attached hereto as Exhibit A. The Elan Order is relevant to
the motion before this Court because Third Millenium and Horatio Capital are also seeking
appointment as Lead Plaintiff in this matter as members of the Biogen Institutional Investor
Group. The appointment of Third Millenium and Horatio Capital in the Elan litigation supports
their appointment in this matter and undermines the attacks leveled against them by the London
Group. As discussed in the Biogen Institutional Investor Group’s Reply Memorandum (at 18-
1 These other movants were MN Services, Activest Investmentgesellschaft mbH, Electronic Trading Group L.L.C.
and Donald S. Frank.
2 The Elan actions pending in this District are captioned: Williams v. Elan Corp., PLC., No. 05-CV-10413 (D. Mass.
filed Mar. 4, 2005) (JLT) and Sidney D. Feldman Family Trust v. Elan Corp., PLC., No. 05-CV-10481 (D. Mass.
filed Mar. 14, 2005) (JLT).
Case 1:05-cv-10400-WGY Document 42 Filed 06/09/2005 Page 2 of 4
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19), significant efficiencies and synergies could be realized from having the same leadership
structure in each set of actions.
WHEREFORE, the Biogen Institutional Investor Group moves this Court for leave to
submit the Elan Order as Supplemental Authority.
DATED: June 9, 2005 Respectfully submitted,
MOULTON & GANS, P.C.
By: /s/ Nancy Freeman Gans
Nancy Freeman Gans, BBO #184540
33 Broad Street, Suite 1100
Boston, MA 02109
Telephone: (617) 369-7979
Proposed Liaison Counsel
ENTWISTLE & CAPPUCCI LLP
Vincent R. Cappucci
Stephen D. Oestreich
Robert N. Cappucci
299 Park Avenue
New York, NY 10171
(212) 894-7200
MILBERG WEISS BERSHAD
& SCHULMAN LLP
Steven G. Schulman
Anita B. Kartalopoulos
Peter E. Seidman
Andrei V. Rado
One Pennsylvania Plaza
New York, NY 10119
(212) 594-5300
Proposed Co-Lead Counsel
Case 1:05-cv-10400-WGY Document 42 Filed 06/09/2005 Page 3 of 4
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LOCAL RULE 7.1 CERTIFICATE
I, Nancy Freeman Gans, Esquire, hereby certify that on June 8-9, 2005, I spoke with
Theodore M. Hess-Mahan, Esquire, of Shapiro, Haber & Urmy, LLP, counsel for the London
Pensions Fund Authority and Elevator Industry Pension Fund, regarding the above motion. Mr.
Hess-Mahon stated the London Pensions Fund Authority and Elevator Industry Pension Fund
intend to file a response. We have conferred in good faith and been unable to resolve or narrow
the issue. I also certify that on June 9, 2005, I notified Matthew J. Matule, Esquire, counsel for
Defendants, of the submission of this Motion.
/s/ Nancy Freeman Gans
Nancy Freeman Gans
CERTIFICATE OF SERVICE
I, Nancy Freeman Gans, hereby certify that a true copy of the above document was
served upon the attorney of record for each party.
/s/ Nancy Freeman Gans
Nancy Freeman Gans
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