MILBERG WEISS BERSHAD
HYNES & LERACH LLP
WILLIAM S. LERACH
(68581)
PATRICK J. COUGHLIN (111070)
TRAVIS E. DOWNS, III (148274)
600
West Broadway, Suite 1800
San Diego, CA 92101
Telephone:
619/231-1058
- and -
LISA C. ATKINSON
(163320)
222 Kearny Street, 10th Floor
San Francisco, CA
94108
Telephone: 415/288-4545
BARRACK, RODOS & BACINE
STEPHEN R. BASSER (121590)
600 West
Broadway, Suite 1700
San Diego, CA 92101
Telephone: 619/230-0800
WOLF POPPER LLP
STEPHEN D. OESTREICH
PATRICIA I. AVERY
ROBERT C.
FINKEL
845 Third Avenue
New York, NY 10022
Telephone: 212/759-4600
Plaintiffs' [Proposed] Co-Lead Counsel
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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RONALD L. REISER, et al., On Behalf of Plaintiffs, vs. SILICON GRAPHICS, INC., et al.,
Defendants. |
No. C-97-4362-CAL CLASS ACTION |
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PHILIP ZOVE, et al., On Behalf of Plaintiffs, vs. SILICON GRAPHICS, INC., et al.,
Defendants. |
No. C-97-4393-CAL CLASS ACTION |
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JOANNA KERR, On Behalf of Herself and Plaintiff, vs. SILICON GRAPHICS, INC., et al.,
Defendants. |
No. C-97-4416-CAL CLASS ACTION |
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RAYMOND ALLARD, et al., On Behalf of Plaintiffs, vs. SILICON GRAPHICS, INC., et al.,
Defendants. |
No. C-97-4722-CAL CLASS ACTION |
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DAVID CHIU, et al., On Behalf of Plaintiffs, vs. SILICON GRAPHICS, INC., et al.,
Defendants. |
No. C-98-0244-PJH CLASS ACTION DATE: March 20, 1998 |
I, PATRICK J. COUGHLIN, declare:
1. I am an attorney duly licensed to practice law. I am also a member of the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, one of the co-counsel for plaintiffs in the following actions: Reiser, et al. v. Silicon Graphics, Inc., et al., C-97-4362-CAL; Zove, et al. v. Silicon Graphics, Inc., et al., C-97-4393-CAL; Kerr v. Silicon Graphics, Inc., et al., C-97-4416-CAL; Allard, et al. v. Silicon Graphics, Inc., et al., C-97-4722-CAL; and Chiu, et al. v. Silicon Graphics, Inc., et al., C-98-0244-PJH.
2. I make this declaration in support of the Allard Group's Motion to be Appointed Lead Plaintiffs and for Appointment of Lead Plaintiffs' Co-Lead Counsel. Except as otherwise stated, I have personal knowledge of the facts stated in this declaration and, if called as a witness, could competently testify to them.
3. Attached hereto are true and correct copies of the following documents:
Exhibit 1: Related Case Order (N.D. Cal. Jan. 14, 1998);
Exhibit 2: Notice of Related Cases, Chiu, et al. v. Silicon Graphics, Inc., et al., C-98-0244-PJH (N.D. Cal. Jan. 22, 1998);
Exhibit 3: Relevant excerpts of §21D of the Securities Exchange Act of 1934 [15 U.S.C. §78u-4];
Exhibit 4: Movants' Purchases, Sales and Losses for Silicon Graphics, Inc. ("SGI") stock;
Exhibit 5: "Sworn Certifications" executed by movants;
Exhibit 6: Notice published in Reiser, et al. v. Silicon Graphics, Inc., et al., C-97-4362-CAL, on December 2, 1997;
Exhibit 7: Order re Appointment of Lead Plaintiff and Lead Counsel, In re Diamond Multimedia Systems, Inc. Sec. Litig., No. 96-2644-SBA (N.D. Cal. Jan. 13, 1997);
Exhibit 8: Order re Motion to Appoint Lead Plaintiff, City Nominees Ltd. v. Macromedia, Inc., Lead No. C-97-3521-SC (N.D. Cal. Jan. 23, 1998);
Exhibit 9: Order Granting Plaintiffs' Motion for Appointment of Lead Plaintiff and Lead Counsel, In re Read-Rite Corp. Sec. Litig., No. C-97-20059-RMW (N.D. Cal. May 23, 1997);
Exhibit 10: Order Granting Plaintiffs Group's Motion for Appointment of Lead Plaintiffs, Malin v. IVAX Corporation, et al., No. 96-1843-CIV-MORENO (S.D. Fla. Nov. 1, 1996);
Exhibit 11: Order Granting Joint Motion for Lead Plaintiffs and Lead Counsel, Zuckerman v. Foxmeyer Health Corp., No. 3:96-CV-2258-T (N.D. Tex. Mar. 28, 1997);
Exhibit 12: Order, Chan v. Orthologic Corp., No. CIV 96-1514 PHX RCB (D. Ariz. Dec. 19, 1996);
Exhibit 13: Order granting Plaintiffs' Motion to be Appointed Lead Plaintiffs, Powers v. Eichen, Civ. No. 96-1431-B(AJB) (S.D. Cal. Nov. 15, 1996);
Exhibit 14: Firm Resume of Milberg Weiss Bershad Hynes & Lerach LLP;
Exhibit 15: Firm Resume of Barrack, Rodos & Bacine; and
Exhibit 16: Firm Resume of Wolf Popper LLP.
4. Plaintiffs' damages, as set forth in Exhibit 4, are calculated as follows:
(a) For SGI shares purchased and sold during the class period, damages have been calculated as the difference between the purchase price and the sales price; and
(b) For SGI shares purchased during the class period and held as of the end of the class period, damages have been calculated according to §21D(e) of the Securities Exchange Act of 1934.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and that I executed this declaration on January 29, 1998 at San Diego, California.
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SIL-GRA3\DDH06230.dec
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 Diego, over the age of 18 years, and not a party to or interested in the within action; that declarant's business address is 600 West Broadway, Suite 1800, San Diego, California 92101.
2. That on January 29, 1998, declarant served the DECLARATION OF PATRICK J. COUGHLIN IN SUPPORT OF ALLARD GROUP'S 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' CO-LEAD COUNSEL by depositing a true copy thereof in a United States mailbox at San Diego, 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:
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 29th day of January, 1998, at San Diego, California.
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