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Stanford University Law School
- Securities Class Action Clearinghouse
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Joseph J. Tabacco, Jr. (75484)
Nicole Lavallee (165755)
BERMAN, DeVALERIO, PEASE & TABACCO
425 California Street, Suite 2025
San Francisco, CA 94104
Telephone: (415) 433-3200
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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-------------------------------------------------------- DONALD and CYNTHIA GRIMM, on behalf Plaintiffs, - v. - RASTER GRAPHICS, INC. and RAK Defendants. |
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CLASS ACTION DECLARATION OF NICOLE Date: June 5, 1998 |
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-------------------------------------------------------- ERIK DOWGOS, on behalf of himself Plaintiff, - v. - RASTER GRAPHICS, INC. and RAK Defendants. |
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CLASS ACTION |
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-------------------------------------------------------- MARK MOORE and HENRY BENTLEY, Plaintiffs, - v. - RASTER GRAPHICS, INC. and RAK Defendants. -------------------------------------------------------- |
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CLASS ACTION |
I, Nicole Lavallee, declare as follows:
1. I am an attorney at law, admitted to practice in the State of California. I am an associate with the firm Berman, DeValerio, Pease & Tabacco ("Berman DeValerio"), one of the counsel for plaintiffs in the following actions.
2. I make this declaration in support of Motion of Donald and Cynthia Grimm, Erik Dowgos and Henry Bentley, plaintiffs in the above-captioned action and 16 members of the proposed Class (collectively, the "Movants") for (a) consolidation of these related actions; and (b) for Movants To Be Appointed Lead Plaintiffs and for the Appointment of Lead Plaintiffs' Choice of Counsel. I have personal knowledge of the following facts and, if called upon as a witness, I could and would competently testify thereto.
3. Each of the Movants has certified its participation and qualification as a lead plaintiff on behalf of themselves and all others similarly situated. A copy of each Movants' certification is attached hereto as Exhibit A.
4. Plaintiffs in the Grimm Action filed notice of their action as required pursuant to 15 U.S.C. § 78u-4(a)(3) (A)(i). Plaintiffs in the Moore action caused notice of the action to be disseminated on April 13, 1998, via Business Wire. Copies of the Notices Of Pendency which were published on March 3, 1998 and April 13, 1998 on the Business Wire are attached hereto as Exhibit B.
5. The Movants, in the aggregate, purchased 24,950 shares of Raster Graphics, Inc. ("Raster") securities between October 20, 1997 and April 3, 1998 (the "Expanded Class Period"). Pursuant to calculations made in accordance with 15 U.S.C. § 78u-4(e) for calculating plaintiff damages in securities fraud class actions, the Movants suffered damages in the amount of $69,632.50. A chart setting forth the Movant's losses resulting from purchases of Raster securities during the Class Period is attached hereto as Exhibit C.
6. It is my belief that the Movants, collectively, have the largest financial interest in this action. The Movants' damages, as set forth in Exhibit C, are calculated as follows:
(a) For Raster securities purchased and sold during the Class Period, the damages are the difference between the purchase price and the sale price; and
(b) For Raster securities purchased during the class period and held through the close of the Class Period, damages are calculated in accordance with 15 U.S.C. § 78u-4(e). That is, damages are calculated as follows: [price per share purchased times number of shares] minus [1.46 times number of shares].
7. My firm, Berman DeValerio, as well as the firms Goodkind Labaton Rudoff & Sucharow LLP, and Cohen Milstein Hausfeld & Toll, have had many years of experience representing investors in securities fraud actions nationally. Attached hereto as Exhibit D, Exhibit E, and Exhibit F are the firm biographies for Berman DeValerio, as well as the firms Goodkind Labaton Rudoff & Sucharow LLP, and Cohen Milstein Hausfeld & Toll, respectively.
I declare under penalty of perjury pursuant to the laws of the United States that the foregoing is true and correct.
Executed at San Francisco, California, on May 1, 1998.
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