Defendants’ Motion to Dismiss Amended Complaint — In re DraftKings Securities Litigation

Record facts

U.S. District Court for the Southern District of New York · No. 1:21-cv-05739-PAE · Doc. 59 · 2022-02-22 · Docket on CourtListener

Summary

A notice of motion filed February 22, 2022 as Document 59 in In re DraftKings Inc. Securities Litigation, No. 1:21-cv-05739 (PAE), in the U.S. District Court for the Southern District of New York, before Judge Paul A. Engelmayer. DraftKings Inc. and the Individual Defendants, Jason D. Robins, Jason K. Park, Jeff Sagansky, Eli Baker and Shalom Meckenzie, move to dismiss the Amended Complaint in its entirety, with prejudice, under Federal Rules of Civil Procedure 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act of 1995. The notice states the motion is supported by a memorandum of law and a declaration of Brian T. Frawley, and that under the court's November 22, 2021 Order (ECF No. 49) the opposition is due April 5, 2022 and the reply April 26, 2022. The two-page notice is signed by Sullivan & Cromwell LLP.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF NEW YORK 
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IN RE DRAFTKINGS INC. SECURITIES 
LITIGATION 
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No. 1:21-cv-05739 (PAE) 
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DEFENDANTS’ MOTION TO DISMISS 
THE AMENDED COMPLAINT 
 
PLEASE TAKE NOTICE that Defendant DraftKings Inc. (“DraftKings”), 
together with Defendants Jason D. Robins, Jason K. Park, Jeff Sagansky, Eli Baker and Shalom 
Meckenzie (collectively, the “Individual Defendants”), will respectfully move this Court, before 
the Honorable Paul A. Engelmayer, at the Thurgood Marshall United States Courthouse, 40 
Foley Square, New York, New York, on a date and time designated by the Court, for an order 
dismissing the Amended Complaint (the “Complaint”) in its entirety, with prejudice, pursuant to 
Federal Rules of Civil Procedure 9(b) and 12(b)(6), and the Private Securities Litigation Reform 
Act of 1995, 78 U.S.C. § 78u-4 (the “PSLRA”), because the Complaint fails to state a claim 
upon which relief can be granted. 
The motion is supported by the accompanying Memorandum of Law, dated 
February 22, 2022, and the Declaration of Brian T. Frawley, dated February 22, 2022. 
Per the Court’s November 22, 2021 Order (ECF No. 49), Plaintiff’s opposition, if 
any, is due April 5, 2022, and Defendants’ reply is due April 26, 2022. 
Case 1:21-cv-05739-PAE   Document 59   Filed 02/22/22   Page 1 of 2

 
-2- 
Dated: February 22, 2022 
 
New York, New York 
 
 
 
 
 
 
Respectfully submitted, 
 /s/  Brian T. Frawley        
     
                       
Brian T. Frawley 
Timothy J. Weinstein 
Charles H. Sullivan 
SULLIVAN & CROMWELL LLP 
125 Broad Street 
New York, New York 10004 
Telephone: (212) 558-4000 
Facsimile:  (212) 558-3588 
 
Attorneys for Defendants DraftKings Inc., 
Jason D. Robins, Jason K. Park, Jeff Sagansky, 
Eli Baker and Shalom Meckenzie 
 
Case 1:21-cv-05739-PAE   Document 59   Filed 02/22/22   Page 2 of 2

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