Diamond Multimedia Systems, Inc. - CASE #: 96-CV-2644 - Securities Class Action

Stanford University Law School - Securities Class Action Clearinghouse

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

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OAKLAND DIVISION

In re DIAMOND MULTIMEDIA SYSTEMS,
INC. SECURITIES LITIGATION

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This Document Relates to:
ALL ACTIONS.

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No. C-96-2644-SBA

CLASS ACTION

DATE: July 15, 1997
TIME: 2:00 p.m.
COURTROOM: The Honorable
Saundra B. Armstrong

DECLARATION OF JOHN K. GRANT IN SUPPORT OF SUBMISSION ADDRESSING RECENT AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS' OPPOSITIONS TO DEFENDANTS' MOTIONS TO DISMISS

I, JOHN K. GRANT, declare as follows:

1. I am a member of the Bar of the State of California and am qualified to appear before this Court. I am associated with the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, one of plaintiffs' co-lead counsel. I submit this Declaration in support of Submission Addressing Recent Authorities in Further Support of Plaintiffs' Oppositions to Defendants' Motions to Dismiss. Except as noted, I have personal knowledge of the facts set forth in this Declaration and, if called to do so, could and would competently testify thereto.

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

Exhibit A: Fugman v. Aprogenex, Inc. No. 96-C-5817, 1997 U.S. Dist. LEXIS 3299 (N.D. Ill. March 17, 1997)

Exhibit B: Gross v. Medaphis Corp., Case No. 1-96-CV-2088 FMH (N.D. Ga. May 27, 1997)

Exhibit C: In re Silicon Graphics, Inc. Securities Litigation, No. C96-0393 FMS (N.D. Cal. May 23, 1997)

Exhibit D: Richard Zeid v. John A. Kimberley, Civ. No. 96-20136 SW (N.D. Cal. May 6, 1997)

Exhibit E: Hockey v. Medhekar, No. C-96-0815 MHP (N.D. Cal. April 18, 1997)

Exhibit F: In re Trimble Navigation Sec. Litig., No. C-95-4353 MME (N.D. Cal. April 28, 1997)

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 6th day of June, 1997, at San Francisco, California.

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JOHN K. GRANT

DECLARATION OF SERVICE BY MAIL

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 Francisco, over the age of 18 years, and not a party to or interested in the within action; that declarant's business address is 222 Kearny Street, 10th Floor, San Francisco, California 94108.

2. That on , declarant served the DECLARATION OF JOHN K. GRANT IN SUPPORT OF SUBMISSION ADDRESSING RECENT AUTHORITIES IN FURTHER SUPPORT OF PLAINTIFFS' OPPOSITIONS TO DEFENDANTS' MOTIONS TO DISMISS by depositing a true copy thereof in a United States mailbox at San Francisco, 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 6TH day of June, 1997, at San Francisco, California.

______________________________
LISA NEWELL

26 June 1997