Stanford University Law School - Securities Class Action Clearinghouse

 

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

JAMES C. SMITH, et al., On Behalf of
Themselves and All Others Similarly
Situated,

                      Plaintiffs,

           vs.

ELECTRONICS FOR IMAGING, INC.,
et al.,

                      Defendants.
___________________________________  

No. C-97-4739-CAL

CLASS ACTION

DATE: April 10, 1998
TIME: 9:30 a.m.
COURTROOM: The Honorable
           Charles A. Legge

DECLARATION OF EDWARD M. GERGOSIAN IN SUPPORT OF THE KHALED GROUP'S NOTICE OF MOTION AND MOTION TO BE APPOINTED LEAD PLAINTIFFS PURSUANT TO §21D(a)(3)(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND FOR APPOINTMENT OF LEAD PLAINTIFFS' CO-LEAD COUNSEL

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:

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.

_______________________________
EDWARD M. GERGOSIAN

efii\RK03547.dec




DECLARATION OF SERVICE BY MAIL
PURSUANT TO NORTHERN DISTRICT
LOCAL RULE 23-3(c)(2)

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.

_______________________________
MICHELE M. HENRY