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)
JEFFREY W. LAWRENCE (166806)
KIMBERLY C. EPSTEIN (169012)
222 Kearny Street, 10th Floor
San Francisco, CA 94108
Telephone: 415/288-4545
WOLF POPPER LLP
LESTER L. LEVY
MICHAEL A. SCHWARTZ
845 Third Avenue
New York, NY 10022
Telephone: 212/759-4600
[Proposed] Co-Lead Counsel for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
E&L BALLAN, TRUSTEES FOR THE BENEFIT
OF E&L BALLAN, On Behalf of Themselves and
All Others Similarly Situated,
Plaintiffs,
vs.
ADAC LABORATORIES, et al.,
Defendants.
___________________________________
No. C-98-4934-MHP
CLASS ACTION
DATE: April 5, 1999
TIME: 2:00 p.m.
CTRM: The Honorable Marilyn Hall Patel
DECLARATION OF JEFFREY W. LAWRENCE IN SUPPORT OF
MOTION OF THE BALLAN PLAINTIFF GROUP
FOR APPOINTMENT OF LEAD PLAINTIFF AND APPROVAL OF
LEAD PLAINTIFF'S CHOICE OF CO-LEAD COUNSEL
I, JEFFREY W. LAWRENCE, 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 the Motion of the Ballan Plaintiff Group to Be
Appointed Lead Plaintiff Pursuant to §21D(a)(3)(B) of the Securities
Exchange Act of 1934 and to Approve Lead Plaintiff's Choice of Co-Lead
Counsel, and I have personal knowledge of the facts asserted herein.
2. Attached hereto are true and correct copies of the following exhibits:
Exhibit A: Movants' Chart of Purchases, Sales and Losses;
Exhibit B: Plaintiff Certifications;
Exhibit C: In re Diamond Multimedia Sys., Inc. Sec. Litig.,
No. C-96-2644 SBA (N.D. Cal. Jan. 13, 1997);
Exhibit D: Rosenberg v. Nationsbanc Montgomery Sec., Inc.,
No. C-98-2956 RMW (N.D. Cal. Dec. 11, 1998); Drimer v. Amgen, Inc.,
No. 98-6483-WMB (RZx), Order Granting the Drimer Group's Motion to
be Appointed Lead Plaintiff and for Appointment of Lead Plaintiffs' Choice
of Co-Lead Counsel (C.D. Cal. Oct. 30, 1998); Reiger v. Altris Software,
Inc., No. 98cv058J(JFS), 1998 U.S. Dist. LEXIS 14705 (S.D. Cal. Sept.
14, 1998); In re Ride, Inc. Sec. Litig., No. C97-402WD (W.D. Wa.
Aug. 5, 1997); In re Mitcham Indus. Sec. Litig., No. H-98-1244 (S.D.
Tex. Sept. 14, 1998); Kwalbrun v. Advanced Fibre Communications, Inc.,
No. C-98-20697(JF) (N.D. Cal. Nov. 2, 1998); In re Vivus, Inc. Sec.
Litig., Master File No. C 98 1026 SBA (N.D. Cal. July 2,
1998); City Nominees Ltd. v. Macromedia, Inc., No. C 97-3521 SC
(N.D. Cal. Jan. 23, 1998); In re Read-Rite Corp. Sec. Litig.,
No. C-97-20059 RMW (N.D. Cal. May 28, 1997); Malin v. IVAX Corp.,
Case No. 96-1843-CIV-MORENO (S.D. Fla. Nov. 1, 1996); Zuckerman v. Foxmeyer
Health Corp., No. 3:96-CV-2258-T (N.D. Tex. Mar. 28, 1997); Chan
v. Orthologic Corp., No. CIV 96-1514 PHX RCB (D. Ariz. Dec.
19, 1996); Powers v. Eichen, Civ. No. 96-1431-B(AJB) (S.D. Cal.
Nov. 15, 1996);
Exhibit E: In re Advanced Tissue Sciences Sec. Litig.,
Master File No. 98-1146-IEG(LAB), 1998 U.S. Dist. LEXIS 16926 (S.D. Cal.
Oct. 20, 1998); In re Olsten Corp. Sec. Litig., 3 F. Supp. 2d 286
(E.D.N.Y. 1998); In re Informix Corp. Sec. Litig., No. C-97-1289-SBA
(N.D. Cal. Oct. 17, 1997); Squyres v. Union Texas Petroleum Holdings,
Inc., No. CV-98-6085-LGB (AIJx) (C.D. Cal. Nov. 2, 1998); and
Exhibit F: Firm résumés of Milberg Weiss Bershad
Hynes & Lerach LLP and Wolf Popper 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 1st day of March,
1999, at San Francisco, California.
___________________________________
JEFFREY W. LAWRENCE
ADAC2\BM000704.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 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 March 1, 1999, declarant served the DECLARATION OF JEFFREY
W. LAWRENCE IN SUPPORT OF MOTION OF THE BALLAN PLAINTIFF GROUP FOR APPOINTMENT
OF LEAD PLAINTIFF AND APPROVAL OF LEAD PLAINTIFF'S CHOICE OF CO-LEAD 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:
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 1st day of March, 1999, at San Francisco, California.
______________________________
DEBORAH R. DASH