MILBERG WEISS BERSHAD
HYNES & LERACH LLP
WILLIAM S. LERACH (68581)
KIRK B. HULETT (110726)
HENRY ROSEN (156963)
JAMES I. JACONETTE (179565)
600 West Broadway, Suite 1800
San Diego, CA 92101
Telephone: 619/231-1058
[Proposed] Lead Counsel for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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ROBERT MISHELOW, et al., On Behalf of Plaintiffs, vs. DSP COMMUNICATIONS, INC., et al.,
Defendants. |
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No. C-98-0765-FMS CLASS ACTION DATE: June 5, 1998 |
I, Henry Rosen, declare:
1. I am an attorney duly licensed to practice law. I am associated with the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, one of the co-counsel for plaintiffs in Mishelow, et al. v. DSP Communications, Inc., et al., C-98-00765-FMS.
2. I make this declaration in support of the Mishelow Group's Motion to be Appointed Lead Plaintiff and for Appointment of Lead Plaintiff's Choice of Lead Counsel. Except as otherwise stated, I have personal knowledge of the facts stated in this Declaration and, if called as a witness, could competently testify to them.
3. Attached hereto are true and correct copies of the following documents:
Exhibit 1: Relevant excerpts of §21D of the Securities Exchange Act of 1934 [15 U.S.C. §78u-4];
Exhibit 2: "Sworn Certifications" executed by Movants;
Exhibit 3: Notice published in Mishelow, et al. v. DSP Communications, Inc., et al., C-98-00765-FMS on February 27, 1998;
Exhibit 4: In re Informix Corp. Sec. Litig., No. C-97-1289-SBA, Order (N.D. Cal. Oct. 17, 1997);
Exhibit 5: In re Ride, Inc. Sec. Litig., No. C97-402WD, Order Appointing Lead Plaintiffs (W.D. Wash. Aug. 5, 1997);
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 23, 1997);
Exhibit 7: Zuckerman v. Foxmeyer Health Corp., No. 3:96-CV-2258-T, Order Granting Joint Motion for Appointment of Lead Plaintiffs and Lead Counsel (N.D. Tex. Mar. 28, 1997);
Exhibit 8: In re Diamond Multimedia Sys., Inc. Sec. Litig., No. 96-2644-SBA, Order re Appointment of Lead Plaintiff and Lead Counsel (N.D. Cal. Jan. 13, 1997);
Exhibit 9: Chan v. OrthoLogic Corp., No. CIV 96-1514 PHX RCB, Order (D. Ariz. Dec. 19, 1996);
Exhibit 10: Powers v. Eichen, Civ. No. 96-1431-B(AJB) Order Granting Plaintiffs' Motion to be Appointed Lead Plaintiffs (S.D. Cal. Nov. 15, 1996);
Exhibit 11: Malin v. IVAX Corporation, et al., No. 96-1843-CIV-MORENO, Order Granting Plaintiffs Group's Motion for Appointment as Lead Plaintiffs and Order Approving Lead Plaintiffs' Choice of Counsel (S.D. Fla. Nov. 1, 1996);
Exhibit 12: 141 Cong. Rec. H 13700, Statement of Managers (daily ed. Nov. 28, 1995); and
Exhibit 13: Firm Résumé of Milberg Weiss Bershad Hynes & Lerach LLP.
4. Plaintiffs' damages are calculated as follows:
(a) For DSP Communications shares purchased and sold during the Class Period, damages have been calculated as the difference between the purchase price and the sales price; and
(b) For DSP Communications shares purchased during the Class Period and held as of the end of the Class Period, damages have been calculated according to §21D(e) of the Securities Exchange Act of 1934.
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 27th day of April, 1998, at San Diego, California.
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DSPCOMM\SLA02938.DEC
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 April 27, 1998, declarant served the DECLARATION OF HENRY ROSEN IN SUPPORT OF PLAINTIFFS'MOTION TO BE APPOINTED LEAD PLAINTIFF PURSUANT TO §21D(a)(3)(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND FOR APPROVAL OF LEAD PLAINTIFF'S CHOICE OF LEAD 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:
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 27th day of April, 1998, at San Diego, California.
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Source: Milberg Weiss Bershad Hynes & Lerach LLP website