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
DYER DONNELLY
ROBERT J. DYER III
KIP B. SHUMAN
JEFFREY A. BERENS
801 East 17th Avenue
Denver, CO 80218
Telephone: 303/861-3003
COHEN, MILSTEIN, HAUSFELD
& TOLL, P.L.L.C.
STEVEN J. TOLL
999 Third Avenue, Suite 3600
Seattle, WA 98104
Telephone: 206/521-0080
[Proposed] Co-Lead Counsel for Plaintiffs
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
MYRON GOLDSTEIN, On Behalf of )
No. C-99-1927-CW
Himself and All Others Similarly )
Situated,
) CLASS ACTION
)
Plaintiff, )
)
vs.
)
)
SECURE COMPUTING CORP., et al., )
DATE: September 10, 1999
) TIME: 10:00 a.m.
Defendants. ) CTRM: The Honorable
__________________________________)
Claudia Wilken
DECLARATION OF ALISON M. TATTERSALL IN SUPPORT OF
THE GOLDSTEIN PLAINTIFFS GROUP'S (1) MOTION TO BE APPOINTED
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; AND (2) MOTION TO
CONSOLIDATE FOR ALL PURPOSES SIX RELATED ACTIONS
AGAINST SECURE COMPUTING CORPORATION
I, ALISON M. TATTERSALL, declare:
1. I am a partner 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 Goldstein Plaintiffs Group's (1) 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 Co-Lead
Counsel; and (2) Motion to Consolidate for All Purposes Six Related Actions
Against Secure Computing Corporation, and I have personal knowledge of
the facts asserted herein.
2. Attached hereto are true and correct copies of the following:
Exhibit A: Signed certifications of the Goldstein
Plaintiffs Group;
Exhibit B: Chart of Movants' Purchases, Sales and Losses;
Exhibit C: PR Newswire, dated April 2, 1999;
Exhibit D: Six Related Complaints for Violations of the Securities
Exchange Act of 1934 filed against Secure Computing Corporation;
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); 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); 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); 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);
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); 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); Chan, et al. v. Orthologic
Corp., et al., No. Civ. 96-1514 PHX RCB, Order (D. Ariz. Dec. 19, 1996);
and 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); and
Exhibit F: Firm résumés of Milberg Weiss Bershad
Hynes & Lerach LLP, Dyer Donnelly and Cohen, Milstein, Hausfeld &
Toll, P.L.L.C.
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 June, 1999,
at San Francisco, California.
___________________________________
ALISON M. TATTERSALL
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 June 1, 1999, declarant served the DECLARATION OF ALISON
M. TATTERSALL IN SUPPORT OF THE GOLDSTEIN PLAINTIFFS GROUP'S (1) MOTION
TO BE APPOINTED 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; AND (2) MOTION TO CONSOLIDATE FOR ALL PURPOSES SIX RELATED
ACTIONS AGAINST SECURE COMPUTING CORPORATION 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 June, 1999, at San Francisco, California.
______________________________
DEBORAH R. DASH