UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ARNOLD COHN, On Behalf of Himself and All Others
Similarly Situated,
Plaintiff,
vs.
CRITICAL PATH, INC., et al.,
Defendants. _________________________________ |
) ) ) ) ) ) ) ) ) ) ) |
No. C-01-0551-WHO
CLASS ACTION
[PROPOSED] ORDER GRANTING THE MOTION TO APPOINT WILLIAM JAMES
BELL, TRUSTEE; THOMSON-CSF VENTURES; ALEXANDER NEHRING AND
WESTGREEN HOLDINGS LLC AS LEAD PLAINTIFFS PURSUANT TO
SECTION 21D(a)(3)(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND
APPROVING LEAD PLAINTIFFS' CHOICE OF COUNSEL |
Having considered Movants' Motion to Appoint William James Bell, Trustee;
Thomson-CSF Ventures; Alexander Nehring and Westgreen Holdings LLC, as Lead
Plaintiff Pursuant to §21D(a)(3)(B) of the Securities Exchange Act of 1934 and
to Approve Lead Plaintiff's Choice of Counsel (the "motion"), and good cause
appearing, the Court ORDERS as follows:
1. The motion is GRANTED;
2. Pursuant to §21D(a)(3)(B) of the Securities Exchange Act of 1934, 15
U.S.C. §78u-4(a)(3)(B), William James Bell, Trustee; Thomson-CSF Ventures;
Alexander Nehring and Westgreen Holdings LLC are appointed as lead plaintiff for
the class; and
3. Lead plaintiff's selection of counsel is approved. Pursuant to
§21D(a)(3)(B)(v), the law firms of Milberg Weiss Bershad Hynes & Lerach LLP
and Weiss & Yourman are appointed as co-lead counsel for the class.
* * *
O R D E R
IT IS SO ORDERED.
DATED: _________________
______________________________
THE HONORABLE WILLIAM H. ORRICK
UNITED STATES DISTRICT COURT JUDGE
Submitted by:
DATED: April 3, 2001
MILBERG WEISS BERSHAD
HYNES & LERACH LLP
JEFFREY W. LAWRENCE
CHRISTOPHER P. SEEFER
EX KANO S. SAMS II
______________________________
JEFFREY W. LAWRENCE
100 Pine Street, Suite 2600
San Francisco, CA 94111
Telephone:
415/288-4545
415/288-4534 (fax)
MILBERG WEISS BERSHAD
HYNES & LERACH LLP
WILLIAM S. LERACH
600 West Broadway, Suite 1800
San Diego, CA 92101
Telephone:
619/231-1058
619/231-7423 (fax)
WEISS & YOURMAN
JOSEPH H. WEISS
MOSHE BALSAM
551 Fifth
Avenue, Suite 1600
New York, NY 10176
Telephone: 212/682-3025
212/682-3010 (fax)
WEISS & YOURMAN
JORDAN L. LURIE
LEIGH A. PARKER
10940
Wilshire Blvd.
24th Floor
Los Angeles, CA 90024
Telephone:
310/208-2800
310/209-2348 (fax)
[Proposed] Co-Lead Counsel for Plaintiff
G:\CASES\CriticalPath\SGM80692.ord
DECLARATION OF SERVICE BY FACSIMILE
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 interest in the within action; that declarant's
business address is 100 Pine Street, 26th Floor, San Francisco, California
94111.
2. That on April 3, 2001, declarant served by facsimile
the [PROPOSED] ORDER GRANTING THE MOTION TO APPOINT WILLIAM JAMES BELL, TRUSTEE;
THOMSON-CSF VENTURES; ALEXANDR NEHRING AND WESTGREEN HOLDINGS LLC AS LEAD
PLAINTIFF PURSUANT TO SECTION 21D(A)(3)(B) OF THE SECURITIES EXCHANGE ACT OF
1934 AND TO APPROVE LEAD PLAINTIFF'S CHOICE OF COUNSEL to the parties listed on
the attached Service List and this document was forwarded to the following
designated Internet site at:
http://securities.milberg.com
3. That there is a regular communication by facsimile between the place of
origin and the places so addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this 3rd day of April, 2001, at
San Francisco, California.
__________________
SUSAN MILLER