|
|
|||
MILBERG WEISS BERSHAD
HYNES & LERACH LLP
ALAN SCHULMAN (128661)
MARK SOLOMON (151949)
SALLIE A. BLACKMAN (141830)
600 West Broadway, Suite 1800
San Diego, CA 92101
Telephone: 619/231-1058
- and -
JOHN K. GRANT (169813)
222 Kearny Street, 10th Floor
San Francisco, CA 94108
Telephone: 415/288-4545
ABBEY, GARDY & SQUITIERI, LLP
JILL S. ABRAMS
JAMES J. SEIRMARCO
212 East 39th Street
New York, NY 10016
Telephone: 212/889-3700
BERNSTEIN LITOWITZ BERGER &
GROSSMANN LLP
DANIEL L. BERGER
JEFFREY N. LEIBELL
1285 Avenue of the Americas
33rd Floor
New York, NY 10019
Telephone: 212/554-1400
Attorneys for Lead Plaintiffs and the Class
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
| In re DIAMOND MULTIMEDIA SYSTEMS,
INC. SECURITIES LITIGATION ___________________________________ This Document Relates to:
___________________________________ |
)
) ) ) ) ) ) ) ) |
No. C-96-2644-SBA
CLASS ACTION DATE: May 6, 1997
Hearing Requested |
1. I am an attorney licensed to practice law in the State of California. I am an associate in the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, one of the co-lead counsel for plaintiffs. I have personal knowledge of the facts stated in this declaration and, if called as a witness, could and would testify competently to them.
2. Attached hereto are true and correct copies of the following exhibits:
Exhibit 1: Habib v. Diamond Multimedia Systems, Inc., Case No. CV754787 (Super. Ct. of S.C. Dec. 29, 1995), Verified Complaint for Damages; and Habib v. Diamond Multimedia Systems, Inc., Case No. CV754787 (Super. Ct. of S.C. June 4, 1996), Verified First Amended Complaint for Damages.I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 7th day of April, 1997, at San Diego, California.Exhibit 2: Fischler v. AmSouth Bancorporation, Case No. 96-1567-CIV-T-17A, 1996 U.S. Dist. LEXIS 17670 (M.D. Fla. Nov. 14, 1996).
Exhibit 3: "Report and Recommendation of United States Magistrate Judge" in STI Classic Fund v. Bollinger Indus., No. 3-96-CV-823-R (N.D. Tex. Oct. 25, 1996) and Order of Chief Judge Jerry Buchmeyer in STI Classic Fund v. Bollinger Indus., No. CA 3-96-CV-0823-R (N.D. Tex. Nov. 12, 1996).
Exhibit 4: Rehm v. Eagle Fin. Corp., Case No. 96-C-2455, 1997 U.S. Dist. LEXIS 767 (N.D. Ill. Jan. 27, 1997).
Exhibit 5: SEC, Amicus Curiae, Concerning Defendants' Motion to Dismiss the Amended Complaint, In re Silicon Graphics, Inc. Sec. Litig., No. C-96-0393-FMS (N.D. Cal. Jan. 31, 1997).
Exhibit 6: Senate Report No. 104-98, 104th Cong., 1st Sess. (1995) and House Conference Report No. 104-369, 104th Cong., 1st Sess. (1995), reprinted in U.S.C.C.A.N. (1995).
Exhibit 7: Excerpts of the Congressional Record-Senate, Vol. 141 (1995).
Exhibit 8: Bruce Friedberg v. Discreet Logic, Inc., No. 96-11232-EFH (D. Mass. March 7, 1997), Memorandum and Order; Powers, et al. v. Eichen, et al., Case No. Civil 96-1431-B (AJB) (S.D. Cal. March 13, 1997), Order denying in part and granting part.
Exhibit 9: In re Opti, Inc. Sec. Litig., No. C-95-3434-SBA (N.D. Cal. March 31, 1997), Order Granting Defendants' Motion to Dismiss.
Exhibit 10: In the Matter of Cady, Roberts & Co., 40 S.E.C. 907, 1961 SEC LEXIS 385 (1961).
Exhibit 11: Francis v. United Jersey Bank, 87 N.J. 15, 432 A.2d 814 (1981).
Exhibit 12: Excerpts of the Congressional Record-House, Vol. 141 (1995).
___________________________________
SALLIE A. BLACKMAN
DIAMOND\KFC00091.DEC
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 April 8, 1997, declarant served the DECLARATION OF SALLIE A. BLACKMAN IN SUPPORT OF PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DIAMOND DEFENDANTS' AND DEFENDANT CHONG MOON LEE'S MOTIONS TO DISMISS AMENDED CONSOLIDATED CLASS ACTION COMPLAINT 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.
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 8th day of April, 1997, at San Diego, California.
______________________________
MARY JO MIAL
22 Aug 1997