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 NOTICE OF WITHDRAWAL OF THE FRASCHILLA GROUP'S MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL DATE: October 24, 2003 TIME: 9:00 a.m. COURTROOM: Honorable Susan Illston

TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD

PLEASE TAKE NOTICE that class member The Fraschilla Group hereby withdraws its Motion for Appointment as Lead Plaintiff and Approval of Selection of Lead Counsel.
 

DATED: October 2, 2003

MILBERG WEISS BERSHAD  HYNES & LERACH LLP PATRICK J. COUGHLIN KIMBERLY C. EPSTEIN ELI R. GREENSTEIN   /S/ ______________________ KIMBERLY C. EPSTEIN 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 401 B Street, Suite 1700 San Diego, CA 92101 Telephone: 619/231-1058 619/231-7423 (fax) [Proposed] Lead Counsel for Plaintiffs

 

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 interested in the within action; that declarant's business address is 100 Pine Street, 26th Floor, San Francisco, California 94111.

2. That on October 2, 2003, declarant served the NOTICE OF WITHDRAWAL OF THE FRASCHILLA GROUP'S MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF SELECTION OF LEAD COUNSEL by facsimile and by depositing a true copy thereof in a United States mailbox at San Francisco, 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:

http://securities.milberg.com

3. That there is a regular communication by facsimile and 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 2nd day of October, 2003, at San Francisco, California.
 

/S/                                
DEBORAH R. DASH