MILBERG WEISS BERSHAD

HYNES & LERACH LLP

ALAN SCHULMAN (128661)

MARK SOLOMON (151949)

600 West Broadway, Suite 1800

San Diego, CA 92101

Telephone: 619/231-1058

- and -

JOHN K. GRANT (169813)

KIMBERLY C. EPSTEIN (169012)

222 Kearny Street, 10th Floor

San Francisco, CA 94108

Telephone: 415/288-4545

ABBEY, GARDY & SQUITIERI, LLP

JILL S. ABRAMS

JAMES J. SEIRMARCO (194307)

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

In re DIAMOND MULTIMEDIA SYSTEMS, INC.

SECURITIES LITIGATION

___________________________________

This Document Relates to:

ALL ACTIONS.

___________________________________

No. C-96-2644-SBA

CLASS ACTION

Plaintiffs respectfully submit the following request for judicial notice and supplemental submission of authority in support of Plaintiffs' Memorandum of Points and Authorities in Opposition to Diamond Defendants' Motion to Dismiss Amended Consolidated Class Action Complaint ("Opposition Brief"), filed April 7, 1997.

1. On November 3, 1998, President Clinton signed into law the Securities Litigation Uniform Standards Act of 1998 ("Uniform Standards Act"). A copy of H.R. Conf. Rep. No. 105-803 (1998) is attached hereto as Exhibit A and President Clinton's November 3, 1998 Statement concerning the Uniform Standards Act is attached hereto as Exhibit B. As these documents show, the legislative history of the Uniform Standards Act directly addresses the pleading standards under the Private Securities Litigation Reform Act of 1995, Pub. L. No. 104-67, 109 Stat. 737 (1995), relating to scienter.⁽¹⁾ See H.R. Conf. Rep. No. 105-803, at 15 (1998), Exhibit A; Statement By The President at 2, Exhibit B.

2. On November 17, 1998, the Securities and Exchange Commission ("SEC") submitted its supplemental memorandum as amicus curiae in the appeal pending before the Ninth Circuit in In re Silicon Graphics Sec. Litig., No. 97-16240. A copy of the SEC's supplemental memorandum is attached hereto as Exhibit C.⁽²⁾ The supplemental authorities supplied at Exhibits A, B and C support the argument presented in plaintiffs' Opposition Brief at 10-18.

DATED: January 22, 1999

MILBERG WEISS BERSHAD

HYNES & LERACH LLP

ALAN SCHULMAN

MARK SOLOMON

600 West Broadway, Suite 1800

San Diego, CA 92101

Telephone: 619/231-1058

MILBERG WEISS BERSHAD

HYNES & LERACH LLP

JOHN K. GRANT

KIMBERLY C. EPSTEIN

______________________________

JOHN K. GRANT

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

DIAMOND\DRD02173.MIS

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 January 22, 1999, declarant served the PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE AND SUPPLEMENTAL SUBMISSION OF AUTHORITY IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' AMENDED CONSOLIDATED CLASS ACTION COMPLAINT 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 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 22nd day of January, 1999, at San Francisco, California.

______________________________

JANETTE M. INGRAM

1. The Court may take judicial notice and consider the language and legislative history of a statute. Shamrock Farms Co. v. Veneman, NO. CIV. S-96-889 LKK, 1996 U.S. Dist. LEXIS 20653, at *12 n.3 (E.D. Cal. Sept. 25, 1996), aff'd, 146 F.3d 1177 (9th Cir. 1998); MGIC Indem. Corp. v. Weisman, 803 F.2d 500, 504 (9th Cir. 1986).

2. As the agency charged with administering and enforcing the federal securities laws, the SEC's views are entitled to considerable weight. Saxbe v. Bustos, 419 U.S. 65, 74 (1974). This Court may freely notice documents filed in other court proceedings. Duckett v. Godinez, 67 F.3d 734, 741 (9th Cir. 1995); Hendrix v. Naphtal, 971 F.2d 398, 401 n.5 (9th Cir. 1992); Bryant v. Carleson, 444 F.2d 353, 357-58 (9th Cir. 1971). Courts have noted the contents of amicus briefs submitted to the Supreme Court while analyzing issues in the cases before them. See United States v. Stewart, 650 F.2d 178, 179 (9th Cir. 1981); United States v. Fishman, 743 F. Supp. 713, 718 (N.D. Cal. 1990).