COOLEY GODWARD LLP
STEPHEN C. NEAL (170035)
DAVID M. LISI (154926)
VINCENT A. COLIANNI (177555)
EDWIN H. WHITE (184299)
Five Palo Alto Square
3000 El Camino Real
Palo Alto, CA 94306-2155
Telephone: (650) 843-5000

Attorneys for Defendants Lumisys, Inc.,
Stephen J. Weiss, Craig Klosterman,
John M. Burgess, Linden J. Livoni,
Eystein G. Thordarson, Douglas G.
DeVivo, Jesse I. Treu, Helios Partners
Limited Partnership, Bala S. Manian


UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION


GARY WENGER, On Behalf of Himself and
ALL Others Similarly Situated,

                      Plaintiff,

           v.

LUMISYS, INC., STEPHEN J. WEISS,
CRAIG KLOSTERMAN, JOHN M.
BURGESS, LINDEN J. LIVONI, EYSTEIN
G. THORDARSON, DOUGLAS G.
DeVIVO, JESSE I. TREU, HELIOS
PARTNERS LIMITED PARTNERSHIP,
BALA S. MANIAN, HAMBRECHT &
QUIST LLC, UBS SECURITIES, INC.
AND VOLPE WELTY & CO.,

                      Defendants.
_____________________________________

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No. C-97 20609 RMW


Declaration of Vincent A.
Colianni in Support of
Defendants' Motion to
Dismiss

Date: December 12, 1997
Time: 9:00 a.m.
Dept: Judge Whyte's
           Courtroom



I, Vincent A. Colianni, declare:

1. I am an associate at the law firm of Cooley Godward LLP, counsel for defendants Lumisys, Inc., Stephen J. Weiss, Craig Klosterman, John M. Burgess, Linden J. Livoni, Eystein G. Thordarson, Douglas G. DeVivo, Jesse I. Treu, Helios Partners Limited Partnership, and Bala S. Manian. I am a member in good standing of the State Bar of California and the bar of this Court. I have personal knowledge of the facts stated in this declaration.

2. Attached as Exhibit A is a true and correct copy of Lumisys' press release dated April 11, 1996. The Complaint refers to this press release.

3. Attached as Exhibit B is a true and correct copy of Lumisys' press release dated July 11, 1996. The Complaint refers to this press release.

4. Attached as Exhibit C is a true and correct copy of Lumisys' Prospectus issued November 14, 1995. The Complaint refers to the Prospectus.

5. Attached as Exhibit D is a true and correct copy of Lumisys' Form 10-K for the fiscal year ended December 31, 1995 filed with the Securities and Exchange Commission. The Complaint refers to the Form 10-K.

6. Attached as Exhibit E is a true and correct copy of a transcription of a January 30, 1997 conference call held by Lumisys. The Complaint refers to this conference call.

7. Attached as Exhibit F is a true and correct copy of a transcription of an April 11, 1996 conference call held by Lumisys. The Complaint refers to this conference call.

8. Attached as Exhibit G is a true and correct copy of a partial transcription of a February 1, 1996 conference call held by Lumisys. The Complaint refers to this conference call.

9. Attached as Exhibit H is a true and correct copy of a Lumisys' proxy statement for the April 10, 1996 Annual Meeting of Stockholders. The Court may take judicial notice of the proxy statement as it is a public document filed with the Securities and Exchange Commission.

10. Attached as Exhibit I is a true and correct copy of an article dated October 7, 1996 from the Investment Dealers' Digest entitled "A tough quarter for healthcare offerings; Financing Healthcare," authored by Rose Darby.

11. Attached as Exhibit J is a true and correct copy of Jesse I. Treu's Form 4 dated June 3, 1996 and filed with the Securities and Exchange Commission. The Court may take judicial notice of the Form 4 as it is a public document filed with the Securities and Exchange Commission.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Dated: _________________________


_________________________________
Vincent A. Colianni



Securities Class Action
Clearinghouse 		U.S.D.C.
N.D. Cal. 		Robert Crown
Law Library 		Stanford University
School of Law

mailto:director@securities.stanford.edu

12 Oct 1997
Source: file emailed to epost@securities.stanford.edu