LANCE A. JOHNSON, On Behalf of Himself and All Others Similarly Situated,       Plaintiff,   vs. W. SCOTT HARKONEN, M.D., et al.,       Defendants.

No. C-03-2954-SI CLASS ACTION DECLARATION OF KIMBERLY C. EPSTEIN IN SUPPORT OF THE FRASCHILLA GROUP'S NOTICE OF MOTION AND MOTION FOR CONSOLIDATION OF RELATED CASES AND PRESERVATION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF DATE:                 October 3, 2003 TIME:                  9:00 a.m. COURTROOM: The Honorable Susan Illston

I, Kimberly C. Epstein, declare as follows:

1. I am an attorney duly licensed to practice before all of the courts of the State of California. I am a member of the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, one of the counsel of record for plaintiff in the above-entitled action. I have personal knowledge of the matters stated herein and, if called upon, I could and would competently testify thereto.

2. Attached are true and correct copies of the following letters and draft stipulations and revisions exchanged by counsel by facsimile:

Exhibit A:    Letter from William Freeman to Patrick Coughlin and Lionel Glancy, dated July 11, 2003;

Exhibit B:    Letter from William Freeman to Kimberly Epstein, Peter Binkow and Francis Gregorek, dated July 11, 2003;

Exhibit C:    Letter from Kimberly Epstein to William Freeman, dated July 14, 2003;

Exhibit D:    Letter from Kimberly Epstein to Peter Binkow, dated July 17, 2003;

Exhibit E:    Letter from Kimberly Epstein to William Freeman, dated July 21, 2003;

Exhibit F:    Letter from William Freeman to Kimberly Epstein, Peter Binko and Francis Gregorek, dated July 21, 2003;

Exhibit G:    Letter from Kimberly Epstein to William Freeman, dated July 23, 2003;

Exhibit H:    Letter from Deborah Dash to William Freeman, dated July 24, 2003;

Exhibit I:    Letter from William Freeman to Kimberly Epstein, dated July 24, 2003;

Exhibit J:    Letter from Kimberly Epstein to William Freeman, dated July 24, 2003; and

Exhibit K:    Letter from Kimberly Epstein to William Freeman, Francis Gregorek and Peter Binkow, dated July 31, 2003. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 25th day of August, 2003, at San Francisco, California.
 

/s/ Kimberly C. Epstein
_________________________
KIMBERLY C. EPSTEIN

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 August 25, 2003, declarant served by facsimile the DECLARATION OF KIMBERLY C. EPSTEIN IN SUPPORT OF THE FRASCHILLA GROUP'S NOTICE OF MOTION AND MOTION FOR CONSOLIDATION OF RELATED CASES AND PRESERVATION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 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 25th day of August, 2003, at San Francisco, California.
 

/s/ Cynthia Sheppard
______________________
Cynthia Sheppard