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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
| LANCE A. JOHNSON, On Behalf of Himself and All Others
Similarly Situated,
Plaintiff,
vs.
W. SCOTT HARKONEN, M.D., et al.,
Defendants.
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No. C-03-2954-SI
CLASS ACTION
DECLARATION OF LUKE O. BROOKS IN
SUPPORT OF THE FRASCHILLA
GROUP'S MOTION FOR APPOINTMENT
AS LEAD PLAINTIFF AND APPROVAL
OF SELECTION OF LEAD COUNSEL
DATE:
October 3, 2003
TIME:
9:00 a.m.
COURTROOM: The Honorable Susan Illston
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I, Luke O. Brooks, declare as follows:
1. I am an attorney duly licensed to practice before all of the courts
of the State of California. I am associated with the law firm of Milberg
Weiss Bershad Hynes & Lerach LLP, counsel for proposed lead 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 Exhibits:
Exhibit A: Gerald Fraschilla's sworn certification;
Exhibit B: Darlene Fraschilla's sworn certification;
Exhibit C: Chart of Movants' Purchases and Losses;
Exhibit D: Business Wire article, dated June
26, 2003; and
Exhibit E: Firm resume of Milberg Weiss Bershad Hynes
& Lerach LLP.
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.
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/s/ Luke O. Brooks
___________________________
LUKE O. BROOKS |
EXHIBITS A THROUGH E NOT AVAILABLE
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 August 25, 2003, declarant served by facsimile
the DECLARATION OF LUKE O. BROOKS IN SUPPORT OF THE
FRASCHILLA GROUP'S MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL
OF SELECTION OF LEAD 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 25th day of August,
2003, at San Francisco, California.
/s/ Cynthia Sheppard
_______________________
Cynthia Sheppard
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