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.

  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

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.
 
/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