Robert L. Garber, Et Al. V. KLA-Tencor Corporation, Et Al. 06-CV-04065-Declaration of Christopher T. Heffelfinger in Support Of
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Joseph J. Tabacco, Jr . (SBN 75484) Email : jtabacco@bermanesq .com 2 Christopher T. Heffelfinger (SBN 118058) Email : [email protected] 3 Lesley Ann Hale (SBN 237726 ) Email: lhale@bermanesq .com 4 BERMAN, DeVALERIO, PEASE TABACCO BURT & PUCILLO 5 425 California Street, 21st Floor San Francisco , CA 94104 6 Telephone: (415) 433-3200 Facsimile: (415) 433-638 2 7 Attorneys for Proposed Lead Plaintiff Louisiana Municipal Police Employees' Retirement Syste m 9 Joseph C. Kohn Email: [email protected] 10 Denis F . Sheils Email : dsheils@kohnswift .com 11 William E. Hoese Email : [email protected] 12 KOHN, SWIFT & GRAF, P .C. One South Broad Street, Suite 2100 13 Philadelphia, PA 19107 Telephone: (215) 238-1700 14 Facsimile: (215) 238-196 8 15 Attorneys for Proposed Plaintiff Police and Fire Retirement System of the City of Detroit 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 No. C-06-4065-MJJ ROBERT L . GARBER, on behalf of himself and 20 all others similarly situated, CLASS ACTION 21 Plaintiff, DECLARATION OF CHRISTOPHER T. HEFFELFINGER IN SUPPORT 22 vs . OF THE MOTION OF THE POLICE AND FIRE RETIREMENT SYSTEM 23 KLA-TENCOR CORPORATION, EDWARD OF THE CITY OF DETROIT AND W. BARNHOLT, H . RAYMOND BINGHAM, THE LOUISIANA MUNICIPAL 24 ROBERT T. BOND, RICHARD J. ELKUS, JR ., POLICE EMPLOYEES' JEFFREY HALL, STEPHEN P . KAUFMAN, RETIREMENT SYSTEM TO 25 JOHN H. KISPERT, KENNETH LEVY, CONSOLIDATE RELATED KENNETH L. SCHROEDER, JON D. ACTIONS, FOR APPO INTMENT AS 26 TOMKINS and LIDA URBANEK, CO-LEAD PLAINTIFFS AND FOR APPROVAL OF THEIR SELECTION 27 Defendants . OF CO-LEAD COUNSE L 28 DATE: October 17, 2006 TIME : 9 :30 a.m. CTRM: 11 I, CHRISTOPHER T . HEFFELFINGER, declare as follows: 1 2 1 . I am a partner in the San Francisco office of the law firm of Berman DeVelario Pease 3 Tabacco Burt & Pucillo. I am a member in good standing of the Bar of California and am admitte d 4 to practice before this Court . I submit this declaration in support of the Police and Fire Retirement 5 System of the City of Detroit's ("PFRS") and Louisiana Municipal Police Employees' Retirement 6 System's ("MPERS") Motion for Appointment of Co-Lead Plaintiffs, for Consolidation of Related 7 8 Actions and for Approval of Selection of Co-Lead Counsel . 9 2. Attached are true and correct copies of the following exhibits : 10 Exhibit 1 : Sworn Certification of R . Randall Roche, General Counsel for MPERS ; 11 Exhibit 2: MPERS ' Chart of Shareholder Losses ; 12 Exhibit 3 : Primezone Notice, dated June 29, 2006 ; 13 14 Exhibit 4: Declaration of R. Randall Roche; 15 Exhibit 5 : Firm Resume of Berman DeVelario Pease Tabacco Burt & Pucillo . 16 I declare under penalty of perjury under the laws of the State of California that the foregoing 17 is true and correct . Executed this 28th day of August, 2006, at San Francisco, California . 18 19 20 21 -------------- CHRISTOPHER T . ELFING 22 23 24 25 26 27 28 2 [C-06-4065-MJJ [INSERT TITLE] Exhibit 1 PLAINTIFF'S CERTIFICATION OF SECURITIES FRAUD CLASS ACTION COMPLAINT I, R. Randall Roche, hereby certify that the following is true and correct to the best of my/our knowledge, information and belief: I . I am General Counsel and the authorized agent of the Louisiana Municipal Police Employees' Retirement System ("MPERS") . I have reviewed the allegations made against KLA-Tencor Corp. ("KLA" or the "Company"), that give rise to the claimed violations of the federal securities laws . 2. MPERS did not purchase the securities that are the subject of this action at the direction of counsel, Berman DeValerio Pease Tabacco Burt & Pucillo, or in order to participate in any private action arising under the Securities Exchange Act of 1934 . 3. MPERS is willing . to serve as a representative party on behalf of the class, including providing testimony at deposition and trial, if necessary. MPERS fully understands the duties and responsibilities of the lead plaintiff under the Private Securities Litigation Reform Act regarding the prosecution of the action for the class . MPERS is prepared to work closely with its counsel to achieve a favorable result for the class of investors in KLA common stock in this action . 4. MPERS transactions in losses from its purchase in KLA's common stock are set forth in the chart attached hereto as Exhibit A. 5. During the three years prior to the date of this Certification, MPERS has sought to serve as a representative party on behalf of a class in the following actions filed under the federal securities laws as set forth in Exhibit B attached hereto . 6. MPERS will not accept any payment for serving as a representative party on behalf of the Class beyond its pro rata share of any possible recovery, except for an award, as ordered or approved by the Court, for reasonable costs and expenses (including lost wages) directly related to its representation of the Class. I declare under penalty of perjury that the foregoing is true and correct. Executed this the Al aY ofiJ e 2 6. zC4 [r R. Randall Roche yI General Counsel Louisiana Municipal Police Employees ' Retirement Fund KLA-Tencor Corp. Exhibit A Class Period: 6/3 010 1-0 5/22/06 Municipal Police Emnlovees Retirement System of Louisiana ("MPERS" ) Trade Date Shares Bought Shares Sold Price / Share Principal Cash Purchases: 07/31/01 900 $54 .39 (548,951 .00) 08/29/01 200 $51 .32 (510,264.73 ) 08/29/01 400 $51 .32 ($20,529.46 ) 09/21/01 900 $33 .55 ($30,196.4 4 10/01/01 800 $30 .33 ($24,264 .48 ) 12/18/01 500 $54 .87 ($27,432 .50 ) 02/13/02 100 $60.34 ($6,033.50) 03/19/02 600 $66.54 ($39,924.00 ) 04/23/02 700 $63 .44 ($44,408 .42 ) 05/28/02 700 $54.58 ($38,202.50) 06/21/02 700 $44 .32 ($31,022 .67 ) 07/22/02 4,100 $42 .82 ($175,554.62) 07/29/02 1,300 $38 .17 (S49,620.09) 08/30/02 1,500 $32 .97 ($49,460 .40) 11/01/02 400 $37 .25 ($14 .898 .00 ) 11/01/02 500 $37.40 ($18,700 .00 ) 12/09/02 800 $37.80 ($30,241 .60 ) 06/03/03 3,100 $46.48 (S144,074 .98 ) 09/08/03 100 $58.33 (55,833 .40 ) 09/10/03 400 $56.59 ($22,636.52) 10/14/03 300 $57 .93 ($17,377.50 ) 06/09/04 2,960 $47 .22 ($139,767 .94 ) 01/27/05 4,400 $46 .17 (5203,146.68 ) 02/15/05 400 $50 .48 ($20,192 .96 ) 03/02/05 3,000 $49.72 ($149,154 .30 ) 03/18/05 100 $45 .07 ($4,507.35) 01/12/06 3,200 $52.99 (5169,5 5 .52) 02/06/06 1,700 $52.86 ($89,855 .03 ) 02/06/06 2,800 $52.71 ($147,588.0 0 02/16/06 300 $53 .37 ($16,011 .00 ) 02/16/06 400 $53.28 ($21,313 .48 ) :03/31/06 100 $48.36 ($4,836 .00 ) 04/10/06 500 $47.48 ($23,739 .96 ) 12/07/04 4,600 $48.88 ($224,848 .92 ) Sales: 08/02/01 (500) $58.44 $29,217 .6 2 08/31/01 (100) $49 .14 $4,913 .8 3 10/25/01 (1,000) $39 .49 $39,488 .7 8 11/02/01 (600) $44 .93 $26,960 .1 0 12/10/01 (600) $55 .57 $33,343 .22 07/19/02 (1 .100) 543 .44 $47,785 .53 07/26/02 (4,100) $37.78 $154,889 .5 9 10/15/02 (900) $31 .19 $28,073 .5 7 10/31/02 (1,300) $35 .68 $46,382 .6 0 11/27/02 (1,200) $44 .72 $53,662 .3 8 01/07/03 (700) $40 .59 .$28,412 .2 8 02/20/03 (1,200) $35 .31 $42,374 .32 Trade Date Shares Bought Shares Sold Price / Share Principal Cas h 03/18/03 (1,400) $37 .44 $52,415 .82 04/03/03 (500) $38 .42 $19,208 .60 04/22/03 (900) $40.44 $36,394 .29 05/27/03 (600) $41 .87 $25,120 .1 0 06/04/03 (500) $47.11 $23,555 .1 9 09/10/03 (3,100) $56 .56 $175,343.9 1 10/27/03 (100) $53 .52 $5,351 .74 12/23/03 (400) $56 .23 $22,490 .94 01/14/04 (300) $60 .22 $18,065 .42 02/19/04 (400) $56.98 $22,792 .69 03/16/04 (600) $51 .62 $30,970.1 9 04/12/04 (100) $52 .63 $5,262-87 - 06/22/04 (900) $45 .00 $40,499 .0 5 07/23/04 (2,960) $39 .22 $116,088.4 8 02/23/05 (100) $47.62 $4,762 .3 4 03/24/05 (12,000) $46.17 $554,001 .3 5 08/08/05 (400) $49 .64 $19,856 .68 1 MPERS, at the time of this certification, was unable to locate the confirmation slips for these two transactions. By reconciling its account statements for two different accounts, MPERs has confirmed the number of shares and the associated cost of these shares and that these transactions occurred on or about August 29, 2001 . Exhibit B During the three years prior to the date of the certification, the Louisian a Municipal Police Employees' Retirement System ("MPERS") has sought to serve as a representative party on behalf of a class in the following actions filed under the federa l securities laws: 1 .