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Prena Smajlaj, Et Al. V. Brocade Communication Systems, Inc., Et Al

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Prena Smajlaj, Et Al. V. Brocade Communication Systems, Inc., Et Al 1 Laurence D. King (State Bar No. 206423) Linda M. Fong (State Bar No. 124232) 2 KAPLAN FOX & KILSHEIMER LLP 555 Montgomery Street, Suite 1501 3 San Francisco, CA 94111 Telephone: 415-772-4700 4 Facsimile: 415-772-4707 5 Attorneys for Movant and [Proposed] Liaison Counsel 6 Bradley E. Beckworth NIX, PATTERSON & ROACH, L.L.P. 7 205 Linda Drive Daingerfield, Texas 75638 8 Telephone: 903-645-7333 Facsimile: 903-645-4415 9 10 George L. McWilliams Richard A. Adams 11 PATTON, ROBERTS, MCWILLIAMS & GREER, LLP 12 Century Bank Plaza 2900 St. Michael Drive, Suite 400 13 Texarkana, TX 75505-6128 Telephone: 903-334-7000 14 Facsimile: 903-330-7007 15 Attorneys for Movant and [Proposed] Co-Lead Counsel 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 SAN FRANCISCO DIVISION 20 PRENA SMAJLAJ, individually and on behalf ) Case No.: 3:05-CV-02042-CRB of all others similarly situated,, ) 21 ) DECLARATION OF LAURENCE D. KING ) IN SUPPORT OF ARKANSAS PUBLIC 22 Plaintiff, ) EMPLOYEES RETIREMENT SYSTEM’S ) OPPOSITION TO INTREPID CAPITAL 23 v. ) MANAGEMENT’S, AND ALL OTHER ) MOVANTS’, MOTIONS FOR 24 BROCADE COMMUNICATIONS SYSTEMS, ) APPOINTMENT AS LEAD PLAINTIFF INC., GREGORY L. REYES, AND ANTONIO ) AND REQUEST FOR DISCOVERY 25 CANOVA, ) ) DATE: August 26, 2005 26 ) TIME: 10:00 a.m. Defendants. ) DEPT.: Courtroom 8, 19th Floor 27 ) JUDGE: Hon. Charles R. Breyer ) 28 [Caption continues onto next page] ) DECLARATION OF LAURENCE D. KING IN SUPPORT OF APERS’ OPPOSITION TO INTREPID Case No.: 05-02042-CRB CAPITAL MANAGEMENT’S, AND ALL OTHER MOVANTS’, MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND REQUEST FOR DISCOVERY 1 SALDANA-HARLOW, individually and on ) Case No.: 3:05-CV-02139-CRB behalf of all others similarly situated, ) 2 ) ) 3 Plaintiff, ) ) 4 v. ) ) 5 BROCADE COMMUNICATIONS SYSTEMS, ) INC., GREGORY L. REYES, AND ANTONIO ) 6 CANOVA, ) ) 7 ) Defendants. ) 8 ) ) 9 HUANG, individually and on behalf of all ) Case No.: 3:05-CV-02316-CRB others similarly situated, ) 10 ) ) 11 Plaintiff, ) ) 12 ) ) 13 v. ) ) 14 BROCADE COMMUNICATIONS SYSTEMS, ) INC., GREGORY L. REYES, AND ANTONIO ) 15 CANOVA, ) ) 16 ) Defendants. ) 17 ) ) 18 SREENIVAS, individually and on behalf of all ) Case No.: 4:05-CV-02374-SBA others similarly situated, ) 19 ) Plaintiff, ) 20 ) ) 21 v. ) ) 22 ) ) 23 BROCADE COMMUNICATIONS SYSTEMS, ) INC., GREGORY L. REYES, AND ANTONIO ) 24 CANOVA, ) ) 25 Defendants. ) ) 26 ) ) 27 ) [Caption continues onto next page] ) 28 DECLARATION OF LAURENCE D. KING IN SUPPORT OF APERS’ OPPOSITION TO INTREPID Case No.: 05-02042-CRB CAPITAL MANAGEMENT’S, AND ALL OTHER MOVANTS’, MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND REQUEST FOR DISCOVERY 1 ARMOUR, individually and on behalf of all ) Case No.: 3:05-CV-02396-CRB others similarly situated, ) 2 ) ) 3 Plaintiff, ) ) 4 v. ) ) 5 BROCADE COMMUNICATIONS SYSTEMS, ) INC., GREGORY L. REYES, AND ANTONIO ) 6 CANOVA, ) ) 7 Defendants. ) ) 8 ) ) 9 WITT, individually and on behalf of all others ) Case No.: 4:05-CV-02692-SBA similarly situated, ) 10 ) ) 11 Plaintiff, ) ) 12 v. ) ) 13 BROCADE COMMUNICATIONS SYSTEMS, ) INC., GREGORY L. REYES, AND ANTONIO ) 14 CANOVA, ) ) 15 ) Defendants. ) 16 ) 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF LAURENCE D. KING IN SUPPORT OF APERS’ OPPOSITION TO INTREPID Case No.: 05-02042-CRB CAPITAL MANAGEMENT’S, AND ALL OTHER MOVANTS’, MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND REQUEST FOR DISCOVERY 1 I, Laurence D. King, declare, under penalty of perjury: 2 1. I am a Partner at Kaplan Fox & Kilsheimer LLP, counsel on behalf of Arkansas 3 Public Employees Retirement System. I submit this Declaration in support of Arkansas Public 4 Employees Retirement System’s Opposition to Intrepid Capital Management’s, and All Other 5 Movants’, Motions for Appointment as Lead Plaintiff and Request for Discovery. 6 2. Attached hereto as Exhibit A is a true and correct copy of a letter to Richard A. 7 Adams from Sandy A. Liebhard dated August 3, 2005. 8 3. Attached hereto as Exhibit B are true and correct copies of various SEC filings. 9 4. Attached hereto as Exhibit C is a true and correct copy of a letter to Keith 10 Fleischman and Seth Ottensoser from Richard A. Adams dated July 28, 2005. 11 5. Attached hereto as Exhibit D is a true and correct copy of New York Attorney 12 Directory Search Detail as of July 21, 2005, relating to attorney Matthew J. Zweig. 13 Executed August 5, 2005 14 /s/ Laurence D. King 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 DECLARATION OF LAURENCE D. KING IN SUPPORT OF APERS’ OPPOSITION TO INTREPID Case No.: 05-02042-CRB CAPITAL MANAGEMENT’S, AND ALL OTHER MOVANTS’, MOTIONS FOR APPOINTMENT AS LEAD PLAINTIFF AND REQUEST FOR DISCOVERY EXHIBIT A BERNSTEIN LIEBHARD & LIFSHITZ, LLP ATTORNEYS AT LAW 1a LAST 40Th STREET AERAHAM I . KATSMAN• STANLEY D, BERN5TEIN NEW YORK, NEW YORK 10OI 6 SANDY A. LUEBHARD MICHAEL S, MGAN0 MEL E . LIFSHIT2 MARY W .HOOVC R KEITH M. FLEISCIMAN (Z 12) 779.1414 ANNE W. 9ALIS6uR'Y JEFFREY M . HAMER FEL=IA L. STERN RCOMPT J . BERG' FAX; ( 21 E) 779-321 a RONAIO J . ARANOF F oANISL.LE MAT2INI.bALY FRANCIS P. KARAM' www.bernlleb.com GREOORY M . EOLESTON RE®SCCA M . KAY2 U. BETH OTYr41.1SOSER JOSEPH R . 5EIQMAW. JR. MICHAEL S. BIOIN SENIOR COUNSEL STEPHANIE M. BEIGE WILUAM A. K. TITELMAN & ANDREA H . WILLIAMS " JESS1CQA L FRANCISCO or COUNSEL THERESA A. VITELLO"•" TIMOTHY J. MwaFALL SCOTT D. SMITH " MARK T. MJLLKEY August 3, 2005 BRETT M. LOGAN RUSSELL M. ►GEIZ ALSO ADMi rttO IN NJ •ALAO ADMIRTCa IN PA £ADMI . b QNLVINPA B TEL C "ADMI rrE ONI.T IN DC -1^01IRLD ONLY IN N.1 a, PA Richard A. Adams, Esq. Patton Roberts McWilliams & Capshaw Century Bank Plaza, Ste. 400 St. Michael Drive Texarkana, TX 75503 Re: Bro a Communications Systems, c Sec. Litf . Dear Rick: We are in receipt of your letter of July 28, 2005 . The issues you raise are all answered by one fact : the Intrepid Capital Management, Inc. ("Intrepid") transactions at issue are those of three Intrepid hedge funds. Hedge funds, unlike managed accounts (Where the beneficial owners are the clients), are the beneficial owners of the shares in their funds. Thus, there is no dispute over the authority of the hedge funds' investment manager (Intrepid) to litigate on behalf of the funds. Please call with any questions. Very try yours, -14 4-- Sandy A. Liebhard SAL/js NEW JERSEY NEW YORK * PENNSYLVANIA APPIE 2'd 01s 0W 1'8aNUH93I1`W131SH839 Wd6T ;6 se E *5nu EXHIBIT B Untitled 8/5/05 921 AM <DOCUMENT> <TYPE>SC 13G <SEQUENCE>1 <FILENAME>redbackl3g-070505 .txt <DESCRIPTION>JULY 5, 2005 <TEXT> SECURITIES AND EXCHANGE COMMISSION Washington, D .C . 2054 9 SCHEDULE 13G (Rule 13d-102 ) INFORMATION TO BE INCLUDED IN STATEMENTS PURSUANT TO RULES 13d-1(b), (c) AND (d) AND AMENDMENTS THERETO FILED PURSUANT TO 13d- 2 UNDER THE SECURITIES EXCHANGE ACT OF 1934 (Amendment No . Redback Networks Inc . (Name of Issuer ) Common Stock, $ .0001 par value (Title of Class of Securities ) 757209507 (CUSIP Number ) June 23, 200 5 (Date of Event Which Requires Filing of this Statement ) Check the appropriate box to designate the rule pursuant to which thi ; Schedule is filed : [ ] Rule 13d-l(b) [X] Rule 13d-1(c) [ ] Rule 13d-l(d) * The remainder of this cover page shall be filled out for a reportinc person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which woulc alter the disclosures provided in a prior cover page . The information required in the remainder of this cover page shall not bE deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, seE the Notes) . <PAGE> (1) NAME OF REPORTING PERSON S .S . OR I .R .S . IDENTIFICATION NO . OF ABOVE PERSO N http :llwww .sec .gov/Archivesledgarldata!]08129010001013594050003031redhack13g-070505 .txt Page 1 of 15 Untitled 8/5/05 9:21 AM Intrepid Capital Fund (QP), L .P . (2) CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) (x] (b) [ ] (3) SEC USE ONL Y (4) CITIZENSHIP OR PLACE OF ORGANIZATION Delawar e NUMBER OF (5) SOLE VOTING POWER 0 SHARES BENEFICIALLY (6) SHARED VOTING POWER 817,221 OWNED B Y EACH (7) SOLE DISPOSITIVE POWER 0 REPORTING PERSON WITH (8) SHARED DISPOSITIVE POWER 817,22 1 (9) AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSO N 817,221 (10) CHECK BOX IF THE AGGREGATE AMOUN T IN ROW (9) EXCLUDES CERTAIN SHARES [ ] (11) PERCENT OF CLASS REPRESENTE D BY AMOUNT IN ROW (9) 1 .5 % (12) TYPE OF REPORTING PERSON PN <PAGE> (1) NAME OF REPORTING PERSO N S .S . OR I .R .S . IDENTIFICATION NO . OF ABOVE PERSON Intrepid Capital Fund, L .P . (2) CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [x] (b) [ ] (3) SEC USE ONLY (4) CITIZENSHIP OR PLACE OF ORGANIZATION Delawar e hitp :!lwww .sec .gov/Archives/edgeddatal10S12901000101359405000303/redback1Sg-070505 .txt Page 2 of 15 Unti tled 8 1 5105 9 :21 AM NUMBER OF (5) SOLE VOTING POWE R 0 SHARE S BENEFICIALLY (6) SHARED VOTING POWER 74,576 OWNED B Y EACH (7) SOLE DISPOSITIVE POWER 0 REPORTING PERSON WITH (8) SHARED DISPOSITIVE POWER 74,57 6 (9) AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSO N 74,576 (10) CHECK BOX IF THE AGGREGATE AMOUN T IN ROW (9) EXCLUDES CERTAIN SHARES [ ] (11) PERCENT OF CLASS REPRESENTE D BY AMOUNT IN ROW (9) 0 .1 % (12) TYPE OF REPORTING PERSON PN <PAGE> (1) NAME OF REPORTING PERSO N S .S .
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