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2005624 F08d 05CV01695.Pdf 1 Joseph J. Tabacco, Jr. (75484) Christopher T. Heffelfinger (118058) 2 BERMAN DEVALERIO PEASE TABACCO BURT & PUCILLO 3 425 California Street, Suite 2100 San Francisco, CA 94104-2205 4 Telephone: (415) 433-3200 Facsimile: (415) 433-6382 5 Email: [email protected] 6 Proposed Liaison Counsel for the Class 7 Steven J. Toll 8 Matthew K. Handley COHEN, MILSTEIN, HAUSFELD 9 TOLL, P.L.L.C 10 1100 New York Avenue, N.W. West Tower, Suite 500 11 Washington, D.C. 20005 Telephone: (202) 408-4600 12 Facsimile: (202) 408-4699 Email: [email protected] 13 Elizabeth Berney 14 COHEN, MILSTEIN, HAUSFELD 15 TOLL, P.L.L.C 150 East 52nd Street, Thirtieth Floor 16 New York, New York 10022 Telephone: (212) 838-7797 17 Facsimile: (212) 838-7745 18 Email: [email protected] 19 Proposed Lead Counsel for the Class 20 UNITED STATES DISTRICT COURT 21 NORTHERN DISTRICT OF CALIFORNIA 22 ) THE PARNASSUS FUND and THE ) CIVIL ACTION NO.: C-05-01695-JSW 23 PARNASSUS EQUITY INCOME FUND, ) Individually And On Behalf Of All Others ) DECLARATION OF CHRISTOPHER T. 24 Similarly Situated, ) HEFFELFINGER IN SUPPORT OF Plaintiffs, ) MOTION FOR CONSOLIDATION, 25 ) APPOINTMENT OF LEAD PLAINTIFFS, vs. ) AND FOR APPROVAL OF SELECTION OF 26 ) LEAD COUNSEL JAMES P. CURLEY, THOMAS J. ) 27 KALINSKE, and LEAPFROG ) DATE: October 14, 2005 ENTERPRISES, INC., ) TIME: 9:00 a.m. th 28 Defendants. ) COURTROOM: 2, 17 Floor. ) [C-05-01695 JSW] DECLARATION OF CHRISTOPHER T. HEFFELFINGER IN SUPPORT OF MOTION FOR CONSOLIDATION, APPOINTMENT OF LEAD PLAINTIFFS AND FOR APPROVAL OF SELECTION OF LEAD COUNSEL - 1 - 1 ) FREDDE GENTRY and JASON KANG, ) CIVIL ACTION NO.: C-05-02279 MJJ 2 Individually And On Behalf Of All Others ) Similarly Situated, ) 3 Plaintiffs, ) ) 4 vs. ) ) 5 JAMES P. CURLEY, THOMAS J. ) KALINSKE, and LEAPFROG ) 6 ENTERPRISES, INC., ) Defendants. ) 7 ) 8 I, Christopher T. Heffelfinger, declare: 9 1. I am a partner in the San Francisco office of Berman DeValerio Pease Tabacco Burt 10 & Pucillo, acting as Proposed Liaison Counsel for Proposed Lead Counsel Cohen, Milstein, 11 Hausfeld & Toll, P.L.L.C. in the above-captioned case. I am duly admitted to practice law in the 12 State of California and before this Court. I make this declaration based on my own personal 13 knowledge and if called upon to testify would, and could, do so competently. 14 2. Attached hereto as Exhibit A is a true and correct copy of the press release 15 announcing the filing of plaintiffs The Parnassus Fund and Parnassus Equity Income Fund’s 16 Complaint in this action. 17 3. Attached hereto as Exhibit B is a true and correct copy of plaintiffs The Parnassus 18 Fund and Parnassus Equity Income Fund’s certification of its claims asserted in this action. 19 4. Attached hereto as Exhibit C is a true and correct copy of the firm resume of 20 Proposed Lead Counsel Cohen, Milstein, Hausfeld & Toll, P.L.L.C. 21 5. Attached hereto as Exhibit D is a true and correct copy of the firm resume of 22 Proposed Liaison Counsel Berman DeValerio Please Tabacco Burt & Pucillo. 23 I declare under penalty of perjury pursuant to the laws of the United States that the foregoing 24 is true and correct. 25 Executed at San Francisco, California, on June 24, 2005. 26 _____/s/ Christopher T. Heffelfinger_____ 27 CHRISTOPHER T. HEFFELFINGER 28 [C-05-01695 JSW] DECLARATION OF CHRISTOPHER T. HEFFELFINGER IN SUPPORT OF MOTION FOR CONSOLIDATION, APPOINTMENT OF LEAD PLAINTIFFS AND FOR APPROVAL OF SELECTION OF LEAD COUNSEL - 2 - Cohen, Milstein, Hausfeld & Toll, P.L.L. C. Announces Class Action Lawsuit on Behalf o . Page 1 of 2 Yahoo! My Yahoo! Mail 'S eatoh the % ie b Search sign I n Finance Home - Help PRIM EZON E ~ .- F I N A N C E New User?Sign Up Welcome signin To track stocks & more, Register Financial News Enter symbol( s) Basic Get I Symbol Looku p Press Release Source: Cohen Milstein Hausfeld & Toll , P.L.L.C. Cohen, Milstein, Hausfeld & Toll, P .L.L.C . Announces Class Action Lawsuit on Behalf of Investors of Leapfrog Enterprises, Inc . -- L F Thursday April 28, 6 :00 pm E T WASHINGTON, April 28, 2005 (PRIMEZONE) -- The law firm of Cohen, Milstein, Hausfeld & Toll, P .L.L.C. has filed a lawsuit on behalf of its client and other similarly situated purchasers of the securities of LeapFrog Enterprises, Inc . (NYSE : LF - News); ("LeapFrog" or the "Company") from February 11, 2004, through October 18, 2004, inclusive (the "Class Period"), in the United States District Court for the Northern District of California. The complaint charges LeapFrog and certain of its officers and directors (collectively the "defendants") with violations of the Securities Exchange Act of 1934 resulting from defendants' false and misleading statements and omissions, which artificially inflated the price of LeapFrog's stock during the Class Period, causing harm to LeapFrog's investors. The Complaint alleges that throughout the Class Period, defendants continually assured investors that LeapFrog had taken the necessary steps to correct the problems in its IT systems and supply chain infrastructure (and that these efforts had been successful) and misrepresented and/or failed to disclose that : (i) the Company had not in fact materially improved either its IT systems or its supply chain infrastructure ; and (ii) these issues were continuing to have a materially negative effect on its business and on its ability to accurately forecast results and meet analysts' sales and earnings expectations . The Complaint claims that on October 18, 2004, LeapFrog announced that its 2004 earnings would miss its estimates by more than 60% due, in large part, to its failure to correct the IT and supply chain problems it said it had taken steps to correct. The announcement prompted a large sell-off of LeapFrog shares, which fell 34% in a single day, to a then all-time low of $11 .99. Since then, LeapFrog has also missed fourth quarter estimates by a wide margin and replaced three members of its senior management, including its Chief Financial Officer and Chief Operating Officer. If you purchased or acquired LeapFrog securities during the Class Period, you may, no later than June 27, 2005, move the court to be appointed as Lead Plaintiff . There are certain legal requirements to serve as Lead Plaintiff . Any member of the purpo rted class may move the cou rt to serve as Lead Plaintiff through counsel of their choice or may choose to remain an absent class member . Your ability to share in any recove ry is not, however, affected by the decision whether or not to serve as Lead Plaintiff . To be a member of the class , you need not take any action at this time. Cohen , Milstein, Hausfeld & Toll , P.L.L.C. has significant experience in prosecuting investor class actions and actions involving securities fraud . The firm has offices in Washington , D .C., New York, Philadelphia and Chicago, and is active in major litigation pending in federal and state cou rts throughout the nation . To view a copy of the Complaint, you may visit the firm's website at http://www .cmht.com . The firm's reputation for excellence has been recognized on repeated occasions by courts which have appointed the firm to lead positions in complex multi-district or consolidated litigation. Cohen, Milstein, Hausfeld & Toll, P .L.L.C. has taken a lead role in numerous important cases on behalf of defrauded investors, and has been responsible for a number of outstanding recoveries which, in the aggregate, total in the billions of dollars . http ://biz.yahoo. com/pz/050428/77008 .htrnl?printer=l 6/22/2005 Cohen, Milstein, Hausfeld & Toll, P.L .L.C . Announces Class Action Lawsuit on Behalf o . Page 2 of 2 If you have any questions about this notice or the action, or with regard to your rights, please contact either of the following : Steven J . Toll, Esq . Kari Fior e Cohen, Milstein, Hausfeld & Toll, P .L .L .C . 1100 New York Avenue, N .W . West Tower -- Suite 500 Washington, D .C . 2000 5 Telephone : (888) 240-0775 or (202) 408-4600 E-mail : stoll@cmht .com or kfiore@cmht .co m More information on this and other class actions can be found on the Class Action Newsline at http://www .primezone .com/ca. Source: Cohen Milstein Hausfeld & Toll , P.L.L.C . Copyright © 2005 Yahoo! Inc . All rights reserved . Privacy Policy - Terms of Service - Copyright Policy - Ad Feed bac k Copyright © 2005 PrimeZone Media Network . All rights reserved . Redistribution of this content is expressly prohibited without prior written consent . PrimeZone makes no claims concerning the accuracy or validity of the information, and shall not be held liable for any errors, delays, omissions or use thereof. http ://biz.yahoo .com/pz/050428/77008.html?printer=l 6/22/2005 Parnassus Fund and Parnassus Equity Income Fund -- LeapFrog Enterprises, Inc . Losses # Shares Bought Transaction Date Price per Share 90 Day Loss Price Total Loss 100,000 3/3/2004 $26.1820 $13 .27 $9,579, 389 .76 25,000 3/4/2004 $26.2814 25,000 3/5/2004 $26.2508 25,000 3/8/2004 $26 .571 4 75,000 3/10/2004 $26 .340 1 25,000 3/12/2004 $20.3928 10,000 3/25/2004 $19.5540 40,000 3/26/2004 $19.6000 50,000 3/31/2004 $19.7000 25,000 4/1/2004 $19.1268 25,000 5/10/2004 $20.5000 25,000 5/11/2004 $20.3353 20,000 5/12/2004 $19.8573 30,000 5/13/2004 $20.3715 25,000 5/14/2004 $20.2380 25,000 5/17/2004 $19.998 8 25,000 5/18/2004 $19.6716 25,000 5/19/2004 $20.1514 50,000 6/10/2004 $20.0000 50,000 6/10/2004 $20.0000 25,000 6/14/2004 $20.298 8 50,000 6/15/2004 $19.7740 50,000 6/15/2004 $19.7740 25,000 6/16/2004 $19.4000 25,000 6/16/2004 $19.5100 2,200 6/17/2004 $19.0700 47,800 6/18/2004 $18.9492
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