36. Plaintiff brings this action as a class action pursuant to Federal Rule of Civil  Procedure 23(a) and (b)(3) on behalf of a class consisting of all persons or entities who acquired  shares of Finisar common stock during the Class Period and who were damaged thereby (the  “Class”).  Excluded from the Class are defendants, the officers and directors of the Company, at all  relevant times, members of their immediate families and their legal representatives, heirs, successors  or assigns and any entity in which defendants have or had a controlling interest.   37. The members of the Class are so numerous that joinder of all members is  impracticable.  Finisar stock was actively traded on the NASDAQ.  While the exact number of Class  members is unknown to plaintiff at this time and can only be ascertained through appropriate  Case5:11-cv-01252-EJD   Document1   Filed03/15/11   Page11 of 15 44. Plaintiff incorporates ¶¶1-43 by reference.   45. During the Class Period, defendants disseminated or approved the false statements  specified above, which they knew or deliberately disregarded were misleading in that they contained  misrepresentations and failed to disclose material facts necessary in order to make the statements  made, in light of the circumstances under which they were made, not misleading.   46. Defendants violated §10(b) of the 1934 Act and Rule 10b-5 in that they:  (a) employed devices, schemes and artifices to defraud;  (b) made untrue statements of material facts or omitted to state material facts  necessary in order to make the statements made, in light of the circumstances under which they were  made, not misleading; or  (c) engaged in acts, practices and a course of business that operated as a fraud or  deceit upon plaintiff and others similarly situated in connection with their purchases of Finisar  common stock during the Class Period.   47. Plaintiff and the Class have suffered damages in that, in reliance on the integrity of  the market, they paid artificially inflated prices for Finisar common stock.  Plaintiff and the Class  would not have purchased Finisar common stock at the prices they paid, or at all, if they had been  aware that the market price had been artificially and falsely inflated by defendants’ misleading  statements.  48. Plaintiff incorporates ¶¶1-47 by reference.   49. The Company and the defendants acted as controlling persons of Finisar within the  meaning of §20(a) of the 1934 Act.  By reason of their positions with the Company, and their  ownership of Finisar stock, the Company and the defendants had the power and authority to cause  Finisar to engage in the wrongful conduct complained of herein.  Finisar controlled the Company,  Case5:11-cv-01252-EJD   Document1   Filed03/15/11   Page13 of 15 For Violation of §10(b) of the 1934 Act and Rule 10b-5  Against All Defendants   For Violation of §20(a) of the 1934 Act  Against All Defendants  