Stanford University Law School - Securities Class Action Clearinghouse

 

Kevin J. Yourman (147159)
James E. Tullman (175008)
WEISS & YOURMAN
10940 Wilshire Blvd.
24th Floor
Los Angeles, CA 90024
(310) 208-2800

Joseph H. Weiss
WEISS & YOURMAN
551 Fifth Avenue
New York, NY 10176
(212) 682-3025

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

JAMES C. SMITH and EFREN RIVERA,
On Behalf of Themselves and All Others
Similarly Situated,

                      Plaintiffs,

           v.

ELECTRONICS FOR IMAGING, INC., a
Delaware corporation, DAN AVIDA,
JEFFREY LENCHES, FRED
ROSENZWEIG, ERIC SALTZMAN,

                      Defendants.


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Case No. C 97-04739 CAL

Class Action

DECLARATION OF JAMES E.
TULLMAN IN SUPPORT OF JAMES C.
SMITH AND EFREN RIVERA'S
MOTION FOR APPOINTMENT OF
LEAD PLAINTIFFS AND LEAD
COUNSEL PURSUANT TO SECTION
21D(A)(3)(B) OF THE SECURITIES
EXCHANGE ACT OF 1934
[filed Mar. 2, 1998]

Date: April 10, 1998
Time: 9:30 a.m.
Ctrm: 10

I, James E. Tullman, declare:

1. I am an attorney at law duly licensed to practice in the State of California and before this court. I am associated with the firm of Weiss & Yourman, counsel of record for plaintiffs/movants in this action. I make this declaration in support of plaintiffs' motion for appointment of lead plaintiffs and lead plaintiffs' selection of lead counsel. I have personal knowledge of the matters stated herein and if called as a witness, I could and would competently testify to the following:

2. Attached hereto are true and correct copies of the following documents:

Exhibit A:

The notice of pendency of this action as published on Business Wire on January 2, 1998.

Exhibit B:

Sworn Certifications of plaintiffs James C. Smith and Efren Rivera.

Exhibit C:

Chart of Calculated Damages of Plaintiffs.

Exhibit D:

Private Securities Litigation Reform Act of 1995 ("PSLRA"), as contained in Pub. L. No. 104-67, §101, entitled "Private Securities Litigation Reform."

Exhibit E:

In re Diamond Multimedia Systems, Inc. Sec. Litig., No. C-96-2644-SBA, slip op. (N.D. Cal. Jan. 13, 1997)

Exhibit F:

In re Read-Rite Corp. Sec. Litig., No. C-97-20059-RMW, slip op. (N.D. Cal. May 23, 1997)

Exhibit G:

Malin v. IVAC Corporation, et al., No. 96-1843-CIV-Moreno, slip op. (S.D. Fla. Nov. 1, 1996)

Exhibit H:

Zuckerman v. Foxmeyer Health Corp., No. 3:96-CV-2258-T, slip op. (N.D. Tex. Mar. 28, 1997)

Exhibit I:

Chan v. Orthologic Corp., No. Civ. 96-1514 PHX RCB, slip op. (D. Ariz. Dec. 19, 1996)

Exhibit J:

Powers v. Eichen, Civ. No. 96-1431-B(AJB), Order (S.D. Cal. Nov. 15, 1996)

Exhibit K:

Firm biography of Weiss & Yourman.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 2nd day of March, 1998 at Los Angeles,California.

________________________________
James E. Tullman