MILBERG WEISS BERSHAD
HYNES & LERACH LLP
WILLIAM S. LERACH (68581)
ALAN SCHULMAN (128661)
LAURA M. ANDRACCHIO (187773)
600 West Broadway, Suite 1800
San Diego, CA 92101
Telephone: 619/231-1058
- and -
KAREN T. ROGERS (185465)
355 South Grand Avenue
Suite 4170
Los Angeles, CA 90071
Telephone: 213/617-9007
LAW OFFICES OF STEVEN E.
CAULEY, P.A.
STEVEN E. CAULEY
SCOTT E. POYNTER
Suite 218, Cypress Plaza
2200 Rodney Parham Road
Little Rock, AR 72212
COHEN, MILSTEIN, HAUSFELD
& TOLL, P.L.L.C.
STEVEN J. TOLL
999 Third Avenue, Suite 3600
Seattle, WA 98104
Telephone: 206/521-0080
[Proposed] Co-Lead Counsel for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ROBERT SCHMIDT, On Behalf of Himself
and All Others Similarly Situated,
Plaintiff,
vs.
P-COM, INC., GEORGE P. ROBERTS, PIER G. ANTONIUCCI,
MICHAEL J. SOPHIE, KENNETH E. BEAN, III, JOHN R. WOOD,
GILL COGAN and JOHN A. HAWKINS,
Defendants.
___________________________________
No. C-98-04412-SC
CLASS ACTION
DATE AND TIME: Matter Submitted
On Papers, No Oral Argument
COURTROOM: The Honorable
Samuel Conti
DECLARATION OF LAURA M. ANDRACCHIO IN SUPPORT OF
MOTION TO APPOINT THE P-COM GROUP AS LEAD PLAINTIFF
PURSUANT TO §21D(a)(3)(B) OF THE SECURITIES
EXCHANGE ACT OF 1934 AND FOR APPOINTMENT
OF LEAD PLAINTIFF'S COUNSEL
I, LAURA M. ANDRACCHIO, declare as follows:
1. I am an attorney duly licensed to practice law in the State of California and am admitted to practice before this Court. I am an associate of the law firm of Milberg Weiss Bershad Hynes & Lerach LLP. I make this Declaration in support of the Motion to Appoint the P-Com Group as Lead Plaintiff Pursuant to §21D(a)(3)(B) of the Securities Exchange Act of 1934 and for Appointment of Lead Plaintiff's Counsel. The matters set forth herein are within my personal knowledge.
2. Attached hereto are true and correct copies of the following documents:
Exhibit 1: Movants' Certifications Pursuant to Federal Securities Laws;
Exhibit 2: Chart of the Movants' Purchases, Sales and Losses;
Exhibit 3: Notice of Class Action Suit Filed Against P-Com, Inc., Business Wire, November 13, 1998;
Exhibit 4: In re Diamond Multimedia Systems, Inc. Sec. Litig., No. C 96-2644-SBA, Order re Appointment of Lead Plaintiff and Lead Counsel (N.D. Cal. Jan. 13, 1997);
Exhibit 5: City Nominees Ltd., et al. v. Macromedia, Inc., et al., No. C-97-3521-SC, Order re Motion to Appoint Lead Plaintiff (N.D. Cal. Jan. 23, 1998);
Exhibit 6: In re Read-Rite Corp. Sec. Litig., No. C-97-20059-RMW, Order Granting Plaintiffs' Motion for Appointment of Lead Plaintiff and Lead Counsel (N.D. Cal. May 28, 1997);
Exhibit 7: Zuckerman v. Foxmeyer Health Corp., et al., No. 3:96-CV-2258-T, Order Granting Motion to Withdraw Motion and Granting Joint Motion for Appointment of Lead Plaintiffs and Lead Counsel (N.D. Tex. Mar. 28, 1997);
Exhibit 8: Chan, et al. v. Orthologic Corp., et al., No. Civ. 96-1514-PHX RCB, Order (D. Ariz. Dec. 19, 1996);
Exhibit 9: Powers, et al. v. Eichen, et al., Civ. No. 96-1431-B(AJB), Order Granting Plaintiffs' 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' Lead Counsel (S.D. Cal. Nov. 15, 1996);
Exhibit 10: Resumé for Milberg Weiss Bershad Hynes & Lerach LLP;
Exhibit 11: Resumé for The Law Offices of Steven E. Cauley, P.A.; and
Exhibit 12: Resumé for Cohen, Milstein, Hausfeld & Toll, P.L.L.C.
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 11th day of January, 1999, at San Diego, California.
___________________________________
LAURA M. ANDRACCHIO
P-COM\DCC05032.DEC
DECLARATION OF SERVICE BY MAIL
PURSUANT TO NORTHERN DISTRICT LOCAL RULE 23-2(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 January 11, 1999, declarant served the DECLARATION OF LAURA M. ANDRACCHIO IN SUPPORT OF MOTION TO APPOINT THE P-COM GROUP AS LEAD PLAINTIFF PURSUANT TO §21D(a)(3)(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND FOR APPOINTMENT OF LEAD PLAINTIFF'S 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 11th day of January, 1999, at San Diego, California.
______________________________
DAWN C. CASSELMAN