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Stanford
University Law School
- Securities Class Action Clearinghouse
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MILBERG WEISS BERSHAD
HYNES & LERACH LLP
WILLIAM S. LERACH (68581)
600 West Broadway, Suite 1800
San Diego, CA 92101
Telephone: 619/231-1058
- and -
REED R. KATHREIN (139304)
LISA C. ATKINSON (163320)
DAVID R. STICKNEY (188574)
222 Kearny Street, 10th Floor
San Francisco, CA 94108
Telephone: 415/288-4545
BARRACK, RODOS & BACINE
EDWARD M. GERGOSIAN (105679)
MATTHEW P. MONTGOMERY (180196)
600 West Broadway, Suite 1700
San Diego, CA 92101
Telephone: 619/230-0800
KAUFMAN, MALCHMAN, KIRBY
& SQUIRE, LLP
JEFFREY H. SQUIRE
IRA M. PRESS
919 Third Avenue, 11th Floor
New York, NY 10022
Telephone: 212/371-6600
Attorneys for Movants
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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JAMES C. SMITH, et al., On Behalf of Plaintiffs, vs. ELECTRONICS FOR IMAGING, INC.,
Defendants. |
No. C-97-4739-CAL CLASS ACTION DATE: April 10, 1998 |
I, EDWARD M. GERGOSIAN, declare as follows:
1. I am an attorney duly licensed to practice law before all the courts in the State of California and am a member in good standing with the Bar of this Court. I am a partner with the firm of Barrack, Rodos & Bacine, one of counsel for plaintiffs in this action. I am knowledge as to the matters declared herein and if called upon would and could testify thereto.
2. I make this declaration in support of the Khaled Group's Motion to be Appointed Lead Plaintiffs and for Appointment of Lead Plaintiffs' Co-Lead Counsel.
3. Attached hereto are true and correct copies of the following exhibits:
Exhibit 1: Khaled Group's purchase, sales and losses for Electronics For Imaging, Inc. ("EFII") stock;
Exhibit 2: Relevant excerpts of §21D of the Securities Exchange Act of 1934 [15 U.S.C. §78u-4];
Exhibit 3: Movants' Purchases, Sales and Losses for Electronics For Imaging, Inc. ("EFII") stock;
Exhibit 4: "Sworn Certifications" executed by movants;
Exhibit 5: Notice published in Smith, et al. v. Electronics For Imaging, Inc., No. C-97-4739-CAL, on January 2, 1998;
Exhibit 6: Order re Appointment of Lead Plaintiff and Lead Counsel, In re Diamond Multimedia Systems, Inc. Sec. Litig., No. 96-2644-SBA (N.D. Cal. Jan. 13, 1997);
Exhibit 7: Order re Motion to Appoint Lead Plaintiff, City Nominees Ltd. v. Macromedia, Inc., Lead No. C-97-3521-SC (N.D. Cal. Jan. 23, 1998);
Exhibit 8: Order Granting Plaintiffs' Motion for Appointment of Lead Plaintiff and Lead Counsel, In re Read-Rite Corp. Sec. Litig., No. C-97-20059-RMW (N.D. Cal. May 23, 1997);
Exhibit 9: Order Granting Plaintiffs Group's Motion for Appointment of Lead Plaintiffs, Malin v. IVAX Corporation, et al., No. 96-1843-CIV-MORENO (S.D. Fla. Nov. 1, 1996);
Exhibit 10: Order Granting Joint Motion for Lead Plaintiffs and Lead Counsel, Zuckerman v. Foxmeyer Health Corp., No. 3:96-CV-2258-T (N.D. Tex. Mar. 28, 1997);
Exhibit 11: Order, Chan v. Orthologic Corp., No. CIV 96-1514 PHX RCB (D. Ariz. Dec. 19, 1996);
Exhibit 12: Order granting Plaintiffs' Motion to be Appointed Lead Plaintiffs, Powers v. Eichen, Civ. No. 96-1431-B(AJB) (S.D. Cal. Nov. 15, 1996);
Exhibit 13: Firm Resume of Milberg Weiss Bershad Hynes & Lerach LLP;
Exhibit 14: Firm Resume of Barrack, Rodos & Bacine; and
Exhibit 15: Firm Resume of Kaufman, Malchman & Kirby.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. If called as a witness, I could and would competently testify thereto. Executed this 2nd day of March 1998, at San Diego, California.
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efii\RK03547.dec
I, the undersigned, declare:
1. That declarant is and was, at all times herein mentioned, a citizen of the United States and a resident of the County of San Diego, over the age of 18 years, and not a party to or interested in the within action; that declarant's business address is 600 West Broadway, Suite 1800, San Diego, California 92101.
2. That on March 2, 1998, declarant served the DECLARATION OF EDWARD M. GERGOSIAN IN SUPPORT OF THE KHALED GROUP'S NOTICE OF MOTION AND MOTION TO BE APPOINTED LEAD PLAINTIFFS PURSUANT TO §21(D)(a)(3)(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND FOR APPOINTMENT OF LEAD PLAINTIFFS' CO-LEAD COUNSEL by depositing a true copy thereof in a United States mailbox at San Diego, California in a sealed envelope with postage thereon fully prepaid and addressed to the parties listed on the attached Service List and that this document was forwarded to the following designated Internet site at:
http://securities.milberg.com
3. That there is a regular communication by mail between the place of mailing and the places so addressed.
I declare under penalty of perjury that the foregoing is true and correct. Executed this 2nd day of March, 1998, at San Diego, California.
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