MILBERG WEISS BERSHAD
HYNES & LERACH LLP
WILLIAM S. LERACH
(68581)
600 West Broadway, Suite 1800
San Diego, CA 92101
Telephone:
619/231-1058
- and -
REED R. KATHREIN
(139304)
ALISON M. TATTERSALL (149607)
DAVID R. STICKNEY (188574)
222
Kearny Street, 10th Floor
San Francisco, CA 94108
Telephone:
415/288-4545
KAPLAN, KILSHEIMER & FOX LLP
FREDERIC S. FOX
JONATHAN K.
LEVINE
JANINE R. AZRILIANT
685 Third Avenue, 26th Floor
New York, NY
10017
Telephone: 212/687-1980
BERNSTEIN LITOWITZ BERGER &
GROSSMANN LLP
JEFFREY A.
KLAFTER
1285 Avenue of the Americas
33rd Floor
New York, NY
10019
Telephone: 212/554-1400
[Proposed] Co-Lead Counsel for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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In re LEASING SOLUTIONS, INC. ___________________________________ This Document Relates To: ____________________________________ |
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Master File No. C-98-4366-WHO CLASS ACTION DATE: February 18, 1999 |
I, DAVID R. STICKNEY, declare:
1. I am an associate with the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, counsel for plaintiffs in this action. I am duly admitted to practice in the State of California and before this Court. I make this Declaration in Support of Motion to Appoint the McMahon Plaintiffs Group as Lead Plaintiff Pursuant to §21D(a)(3)(B) of the Securities Exchange Act of 1934 and for Approval of Lead Plaintiff's Choice of Counsel, and I have personal knowledge of the facts asserted herein.
2. Attached hereto are true and correct copies of the following:
Exhibit A: Movants' Signed Certifications.
Exhibit B: Charts re: "Movants' Purchases, Sales and Losses."
Exhibit C: Stipulation and Order Regarding Consolidation, Scheduling and Document Retention, filed January 7, 1999.
Exhibit D: Notices to class members on Business Wire, published on November 10, 1998 and November 20, 1998.
Exhibit E: In re Diamond Multimedia Sys., Inc., Sec. Litig., No. C 96-2644 SBA, Order Re Appointment of Lead Plaintiff and Lead Counsel (N.D. Cal. Jan. 13, 1997).
Exhibit F: Rosenberg v. Nationsbank Montgomery Securities, Inc., et al., NO. C-98-20956 RMW, Order Appointing Lead Plaintiff and Co-Lead Counsel (N.D. Cal. Dec. 11, 1998).
Exhibit G: In re Vivus Inc. Sec. Litig., Master File No. C 98-1026 SBA, Order Appointing Lead Plaintiff Pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 and Approval of Lead Plaintiff's Choice of Counsel (N.D. Cal. July 2, 1998).
Exhibit H: 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 I: 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 J: Malin v. IVAX Corp., et al., Case No. 96-1843-CIV-MORENO, Order Granting Malin/Ferretti/Pennsylvania Pension Fund Plaintiffs Group's Motion for Appointment as Lead Plaintiffs and Order Approving Lead Plaintiffs' Choice of Counsel (S.D. Fla. Nov. 1, 1996).
Exhibit K: Zuckerman, et al. 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 L: Chan, et al. v. Orthologic Corp., et al., No. CIV 96-1514 PHX RCB, Order (D. Ariz. Dec. 19, 1996).
Exhibit M: 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 N: Firm résumé of Milberg Weiss Bershad Hynes & Lerach LLP.
Exhibit O: Firm résumé of Kaplan, Kilsheimer & Fox LLP.
Exhibit P: Firm résumé of Bernstein Litowitz Berger & Grossman LLP.
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 8th day of January, 1999, at San Francisco, California.
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LEASING\JMI04340.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 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 8, 1999, declarant served the DECLARATION OF DAVID R. STICKNEY IN SUPPORT OF MOTION TO APPOINT THE MCMAHON PLAINTIFFS GROUP AS LEAD PLAINTIFF PURSUANT TO SECTION 21D(a)(3)(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND FOR APPROVAL OF LEAD PLAINTIFF'S CHOICE OF COUNSEL 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:
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 8th day of January, 1999, at San Francisco, California.
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Source: Milberg Weiss Bershad Hynes & Lerach LLP