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

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U.S. District Court for the Southern District of New York · No. 1:21-cv-05739-PAE · Doc. 64 · 2022-04-26 · Docket on CourtListener

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A notice of motion to dismiss the Second Amended Complaint, filed April 26, 2022 as Doc. 64 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. DraftKings Inc. and individual defendants Jason D. Robins, Jason K. Park, Jeff Sagansky, Eli Baker and Shalom Meckenzie ask Judge Paul A. Engelmayer to dismiss the complaint in its entirety, with prejudice. The motion relies on Federal Rules of Civil Procedure 9(b) and 12(b)(6) and the Private Securities Litigation Reform Act, cited as 78 U.S.C. § 78u-4, and states that the complaint fails to state a claim. It is supported by a memorandum of law and a declaration of Brian T. Frawley, and notes that under the court's order at ECF No. 49 the opposition is due May 10, 2022 and the reply May 17, 2022. Sullivan & Cromwell LLP signs for the defendants.

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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 SECOND 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 Second Amended Complaint (the “SAC”) 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 SAC fails to state a claim 
upon which relief can be granted. 
The motion is supported by the accompanying Memorandum of Law, dated April 
26, 2022, and the Declaration of Brian T. Frawley, dated April 26, 2022. 
Per the Court’s November 22, 2021 Order (ECF No. 49), Plaintiff’s opposition, if 
any, is due May 10, 2022, and Defendants’ reply is due May 17, 2022. 
Case 1:21-cv-05739-PAE   Document 64   Filed 04/26/22   Page 1 of 2

 
-2- 
Dated: April 26, 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 64   Filed 04/26/22   Page 2 of 2

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