District Court, S.D. Texas October 1, 2001, H-00-0359 (In Re Securities Litigation BMC Software, Inc.)

MEMORANDUM AND ORDER

HARMON, District Judge.

Pending before the Court in the above referenced, consolidated, putative class action brought on behalf of purchasers of BMC Software, Inc. stock between July 29, 1999 and July 5, 2000 (“the Class Period”)

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and alleging fraud in violation of the Securities Exchange Act of 1934 (“Exchange Act”), are two motions: (1) Defendants BMC Software, Inc.