Lead Counsel for Plaintiffs
 
 

In re SMART MODULAR TECHNOLOGIES,         )    Master File No.
INC. SECURITIES LITIGATION                )    C-98-20692-JW(PVT)
__________________________________________)
                                          )    CLASS ACTION
This Document Relates To:                 )
                                          )    DATE: June 14, 1999
ALL CASES.                                )    TIME: 9:00 a.m.
__________________________________________)    CTRM: The Honorable James Ware
 
 

TO: ALL PARTIES AND THEIR RESPECTIVE COUNSEL OF RECORD

PLEASE TAKE NOTICE that on June 14, 1999, at 9:00 a.m. in the Courtroom of the Honorable James Ware, United States District Court, Northern District of California, San Jose Division, 280 South First Street, San Jose, California, plaintiffs will move for an order:

1. Striking Exhibits 1, 4, 6-8 to the Declaration of Pinaki Chakravorty in Support of Defendants' Motion to Dismiss; or

2. In the alternative, refusing judicial notice of the same documents under Federal Rule of Evidence 201.

DATED: April 26, 1999

MILBERG WEISS BERSHAD
HYNES & LERACH LLP
REED R. KATHREIN
JOHN K. GRANT
 
 
 
 
 

______________________________
JOHN K. GRANT
 

222 Kearny Street, 10th Floor
San Francisco, CA 94108
Telephone: 415/288-4545

MILBERG WEISS BERSHAD
HYNES & LERACH LLP
WILLIAM S. LERACH
TOR GRONBORG
600 West Broadway, Suite 1800
San Diego, CA 92101
Telephone: 619/231-1058

Lead Counsel for Plaintiffs
 

SMARTMOD\PSK00067.NOT

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 April 26, 1999, declarant served the AMENDED NOTICE OF MOTION TO STRIKE EXHIBITS 1, 4, AND 6-8 SUBMITTED IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS OR, IN THE ALTERNATIVE, PLAINTIFFS' OBJECTION TO THE COURT'S TAKING JUDICIAL NOTICE OF SAME 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 26th day of April, 1999, at San Francisco, California.
 

______________________________

PAT KISHIDA