Stanford University Law School - Securities Class Action Clearinghouse

 

Kevin J. Yourman (147159)
James E. Tullman (175008)
Matthew J. Zevin (170736)
Behram V. Parekh (180361)
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. C97-4739 CAL

Class Action

WITHDRAWAL OF MOVANTS' MOTION
FOR APPOINTMENT OF LEAD PLAINTIFFS
AND JOINDER IN THE KHALED GROUP'S
MOTION TO BE APPOINTED LEAD
PLAINTIFF
[filed Mar. 20, 1998]

Movants James C. Smith and Efren Rivera ("Movants") hereby respectfully withdraw their motion for appointment of lead plaintiffs and join in the Khaled Group's motion to be appointed lead plaintiffs.

ARGUMENT

Movants initially filed their complaint in this Court on December 31, 1997 and, pursuant to Section 21D(a)(3) of the Securities Exchange Act of 1934 ("Exchange Act"), timely published and disseminated over Business Wire notice of the pendency of this action. 15 U.S.C. §78u-4. In response to such notice, and within the 60 day period contemplated by Section 21D(a)(3) of the Exchange Act, both Movants and the Khaled Group timely submitted motions to be appointed lead plaintiffs.

Movants, having reviewed the Khaled Group's motion, and acknowledging the Khaled Group's greater financial interest in this litigation, therefore withdraw their motion for appointment of lead plaintiffs, and join in support of the Khaled Group's motion to be appointed lead plaintiffs.

CONCLUSION

For the foregoing reasons, Movants respectfully withdraw their Motion for Appointment of Lead Plaintiffs.

DATED: March 20, 1998

Kevin J. Yourman
James E. Tullman
Matthew J. Zevin
Behram V. Parekh
WEISS & YOURMAN

By: _________________________________
Behram V. Parekh
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