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In Re: Juniper Networks, Inc. Securities Litigation 06-CV-04327

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In Re: Juniper Networks, Inc. Securities Litigation 06-CV-04327 Case 5:06-cv-04327-JW Document 83 Filed 06/07/2007 Page 1 of 3 1 NINA F. LOCKER, State Bar No. 123838 Email: [email protected] 2 STEVEN GUGGENHEIM, State Bar No. 201386 Email: [email protected] 3 JONI OSTLER, State Bar No. 230009 Email: [email protected] 4 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 5 650 Page Mill Road Palo Alto, CA 94304-1050 6 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 7 8 Attorneys for Defendants Juniper Networks, Inc., Scott Kriens, Pradeep Sindhu, Marcel Gani, Robert 9 M. Calderoni, Kenneth Goldman, William R. Hearst III, Stratton Sclavos, Vinod Khosla, 10 Kenneth Levy and William R. Stensrud 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 In re JUNIPER NETWORKS, INC. ) No. C06-04327-JW SECURITIES LITIGATION ) 15 DECLARATION OF JONI OSTLER IN SUPPORT OF DEFENDANTS' MOTION 16 This Document Relates To: ) TO DISMISS AMENDED CONSOLIDATED CLASS ACTION 17 ALL ACTIONS. ) COMPLAINT 18 Date: September 10, 2007 Time: 9 :00 a.m. 19 Courtroom: 8 1 Before: Hon. James Ware 20 21 22 23 24 25 26 27 28 OSTLER DECL. ISO DEFENDANTS' MOTION TO Dismiss Case 5:06-cv-04327-JW Document 83 Filed 06/07/2007 Page 2 of 3 1 I, Joni Ostler, declare as follows: 2 1. I am an attorney associated with the law firm of Wilson Sonsini Goodrich & 3 Rosati, a Professional Corporation, counsel of record for Defendants Juniper Networks, Inc. 4 ("Juniper ), Scott G. Kriens, Pradeep Sindhu, Marcel Gani, Robert M. Calderoni, Kenneth 5 Goldman, William R. Hearst III, Stratton Sclavos, Vinod Khosla, Kenneth Levy, and William R. 6 Stensrud. I make this declaration in support of Defendants' Motion to Dismiss Amended 7 Consolidated Class Action Complaint. I have personal knowledge of the facts set forth below, and 8 if called as a witness, could and would testify competently thereto. 9 2. Attached hereto as Exhibit 1 is a true and correct table of Juniper's daily closing 10 stock prices for the period July 12, 2001 to April 13, 2007, obtained from Thomson West on June 11 7, 2007. 12 3. Attached hereto as Exhibit 2 is a true and correct copy of the press release "Juniper 13 Networks Responds to Option-Related Inquiry issued by Juniper on May 22, 2006. 14 4. Attached hereto as Exhibit 3 is a true and correct copy of excerpts from the Form 15 10-K, Annual Report for 2006, filed with the Securities and Exchange Commission ("SEC ) on 16 March 9, 2007. 17 5. Attached hereto as Exhibit 4 is a true and correct copy of Juniper's Form 8-K, 18 Current Report, filed with the SEC on July 19, 2006. 19 6. Attached hereto as Exhibit 5 is a true and correct copy of Juniper's Form 8-K, 20 Current Report, filed with the SEC on August 10, 2006. 21 7. Attached hereto as Exhibit 6 is a true and correct copy of the press release "Juniper 22 Networks, Inc. Announces Completion of Independent Investigation of Historical Stock Option 23 Practices issued by Juniper on December 20, 2006. 24 8. Attached hereto as Exhibit 7 are true and correct copies of Forms 4 for Scott 25 Kriens, dated April 19, 2004 and May 3, 2005. 26 9. Attached hereto as Exhibit 8 is a true and correct copy of excerpts from Juniper's 27 Schedule 14A, Proxy Statement for 2006, filed with the SEC on April 10, 2006. 28 OSTLER DECL. ISO DEFENDANTS' MOTION TO Dismiss Case 5:06-cv-04327-JW Document 83 Filed 06/07/2007 Page 3 of 3 1 10. Attached hereto as Exhibit 9 are true and correct copies of Forms 4 for Pradeep 2 Sindhu, dated August 9, 2002, September 29, 2003 and May 3, 2005. 3 11. Attached hereto as Exhibit 10 are true and correct copies of Forms 4 for Marcel 4 Gani, dated February 14, 2001, August 9, 2002, September 29, 2003 and April 19, 2004. 5 12. Attached hereto as Exhibit 11 is a true and correct copy of excerpts from Juniper's 6 Schedule 14A, Proxy Statement for 2004, filed with the SEC on April 12, 2004. 7 13. Attached hereto as Exhibit 12 is a true and correct copy of a graph showing 8 Juniper's daily closing stock price for the period July 9, 2001 through August 14, 2006, obtained 9 from Yahoo! Finance on June 6, 2007. 10 14. Attached hereto as Exhibit 13 is a true and correct copy of excerpts from Juniper's 11 Form 10-K, Annual Report for 2004, filed with the SEC on March 4, 2005. 12 15. Attached hereto as Exhibit 14 is a true and correct copy of excerpts from Juniper's 13 Form 10-Q, Quarterly Report, for the quarter ended March 31, 2006, filed with the SEC on May 9, 14 2006. 15 16. Attached hereto as Exhibit 15 is a true and correct copy of a graph showing 16 Juniper's daily closing stock price for the period June 1, 2005 to June 1, 2007, obtained from 17 Yahoo! Finance on June 6, 2007. The graph has been marked to indicate a downward trend in 18 stock price since 2005, and to indicate the time period from May 16, 2006 to August 11, 2006. 19 17. Attached hereto as Exhibit 16 is a true and correct copy of excerpts from Juniper's 20 Schedule 14A, Proxy Statement for 2000, filed with the SEC on April 13, 2000. 21 18. Attached hereto as Exhibit 17 is a true and correct copy of excerpts from Juniper's 22 Schedule 14A, Proxy Statement for 2001, filed with the SEC on March 28, 2001. 23 19. Attached hereto as Exhibit 18 is a true and correct copy of the opinion in In re 24 Wireless Facilities, Inc. Sec. Litig., No. 04cv1589, slip op. (S.D. Cal. Mar. 9, 2006). 25 I declare under penalty of perjury that the foregoing is true and correct. 26 Executed this 7th day of June 2007 in Palo Alto, California. 27 28 /s/ Joni Ostler Joni Ostler OSTLER DECL. ISO DEFENDANTS' MOTION TO -2- Dismiss Case 5:06-cv-04327-JW Document 83-2 Filed 06/07/2007 Page 1 of 32 EXHIBIT 1 Stock Q3abcv-04327-JW Document 83-2 Filed 06/07/2007 Page 2PCC82 of 31 Quotes : Stock quote search i i New Search I Tips Historical Stock Quote EST Information provided by Thomson Financial at 12:16 PM (Central) on June 7, 2007. All quotes reflect close of day price. Company : JUNIPER NETWORKS (JNPR) Data Display Format: Daily Date (s): 7/12/2001 - 4/14/2007 Monetary unit for prices displayed : United States Dollar Stock Date Open High Low Adjusted Close Volume JNPR 7/12/2001 26.46 29.00 25.65 28.47 29,124,300 JNPR 7/13/2001 29.01 29.99 26.75 27.44 30,837,600 JNPR 7/16/2001 26.96 27.44 25.10 25.18 14,391,300 JNPR 7/17/2001 24.89 26.48 24.52 25.98 15,173,200 JNPR 7/18/2001 25.15 25.50 23.30 23.97 12,544,300 JNPR 7/19/2001 25.09 26.38 24.12 24.49 12,350,900 JNPR 7/20/2001 24,09 25.60 24.00 24.82 8,765,300 JNPR 7/23/2001 25.72 26.36 24.52 24.60 9,096,300 JNPR 7/24/2001 24.60 25.51 24.20 24.96 9,837,400 JNPR 7/25/2001 25.06 25.25 22.75 23.25 14,876,200 JNPR 7/26/2001 23.62 25.26 23.30 24.99 12,461,100 JNPR 7/27/2001 25.02 26.59 24.85 25.81 12,198,600 JNPR 7/30/2001 26.09 26.45 25.06 25.22 6,238,800 JNPR 7/31/2001 25.40 26.80 24.80 25.69 12,436,700 JNPR 8/1/2001 26.64 27.90 26.16 27.50 14,243,900 JNPR 8/2/2001 28.20 28.79 27.03 27.93 11,781,800 JNPR 8/3/2001 27.18 28.08 27.08 27.70 8,264,300 JNPR 8/6/2001 27.05 27.10 26.02 26.63 5,927,900 JNPR 8/7/2001 26.42 26.75 25.75 25.90 7,412,900 JNPR 8/8/2001 25.33 25.33 23.21 23.47 14,342,300 JNPR 8/9/2001 23.63 23.94 23.25 23.59 8,212,500 JNPR 8/10/2001 23.59 23.69 21.70 22.75 10,609,400 JNPR 8/13/2001 23.01 23.17 22.30 22.85 5,532,300 JNPR 8/14/2001 23.25 23.99 23.00 23.49 7,961,700 JNPR 8/15/2001 23.37 23.74 21.95 22.07 7,184,100 JNPR 8/16/2001 20.65 20.99 19.37 20.02 13,821,900 JNPR 8/17/2001 19.43 20.19 18.14 18.51 14,137,000 JNPR 8/20/2001 18.32 18.42 17.29 17.90 12,701,500 JNPR 8/21/2001 17.94 18.25 17.00 17.15 9,566,800 JNPR 8/22/2001 17.46 17.59 15.74 16.32 14,933,600 JNPR 8/23/2001 16.43 16.95 16.00 16.20 17,279,700 JNPR 8/24/2001 17.10 17.48 16.71 17.28 16,236,900 JNPR 8/27/2001 17.18 17.67 16.90 17.17 9,496,500 JNPR 8/28/2001 17.11 17.27 16.62 16.70 12,168,500 JNPR 8/29/2001 16.40 16.43 15.28 15.54 15,673,000 JNPR 8/30/2001 15.01 15.12 13.95 14.43 19,201,900 https://web2.westlaw .com/quotes /stockquotedetails .
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