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Ronald Bernheim, Et Al. V. Tibco Software, Inc., Et Al. 05-CV-2205

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Ronald Bernheim, Et Al. V. Tibco Software, Inc., Et Al. 05-CV-2205 1 Robert S . Green (State Bar No . 136183) (rsg@classcounsel .com) Avin P. Sharma (State Bar No . 233328) ([email protected]) 2 GREEN WELLING LLP 235 Pine Street, 15th Floor 3 San Francisco, CA 94104 Telephone: (415) 477-6700 4 Facsimile : (415) 477-671 0 5 Marc A. Topaz (mtopaz@sbclasslaw .com) Richard A. Maniskas (rmaniskas@sbclasslaw .com) 6 SCHIFFRIN & BARROWAY, LLP 280 King of Prussia Rd. 7 Radnor, PA 19087 Telephone : (610) 667-7706 8 Facsimile: (610) 667-705 6 9 Attorneys for Plaintiff 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNI A 13 14 15 RONALD BERNHEIM, Individually and On Behalf Case No. 05-cv-02205-MJJ of All Others Similarly Situated , 16 Plaintiff, CERTIFICATION OF NOTICE 17 PURSUANT TO THE PRIVATE vs. SECURITIES LITIGATION 18 REFORM ACT TIBCO SOFTWARE, INC ., VIVEK RANADIVE, 19 RAJESH MASHRUWALA, SYDNEY CAREY, and CHRIS O'MEARA, Judge: Honorable Martin J. Jenkins 20 Defendants 21 22 23 24 25 26 27 28 CERTIFICATION OF NOTICE PURSUANT TO PSLRA Case No. 05-cv-02205-MJJ 1 1 TO : ALL PARTIES AND THEIR ATTORNEYS OF RECORD : 2 PLEASE TAKE NOTICE that Plaintiff Ronald Bernheim ("Plaintiff") has, pursuant to 3 the Private Securities Litigation Reform Act ("PSLRA"), published a notice advising the 4 members of the purported plaintiff class of the pendency of the action . The published notice is 5 attached as Exhibit A . 6 7 8 DATED: June 21, 2005 GREEN WELLING LLP 9 10 By: - _ Ro ert S.'Ure n 11 Avin P. Sharma 12 235 Pine Street, 15th Floor San Francisco, California 94104 13 Telephone: (415) 477-6700 Facsimile: (415) 477-6710 14 Marc A. Topaz 15 Richard A. Maniskas SCHIFFRIN & BARROWAY, LLP 16 280 King of Prussia Rd. Radnor, PA 19087 17 Telephone: (610) 667-7706 Facsimile : (610) 667-7056 18 Attorneys for Plaintiff 19 20 21 22 23 24 25 26 27 28 CERTIFICATION OF NOTICE PURSUANT TO PSLRA Case No . 05-cv-02205-MJJ 21 Exhibit A Shareholder Class Action Filed Against TIBCO Software, Inc . By The Law Firm of Schif. Page 1 of 2 Search Yahoo! My Yahoo! Mail S c : rch $heyyrb y' : i . .. sign R1 Finance Home - Hel p New User?Sig..n__U p Welcome Si n In To track stocks & more, Reg iq ster Financial News Enter symbol(s) Basic Get Sym bol Lookup Press Release Source: Schiffrin & Barroway, LL P Shareholder Class Action Filed Against TIBCO Software, Inc. By The Law Firm of Schiffrin & Barroway, LLP Tuesday May 31, 6 :00 pm ET RADNOR, Pa ., May 31 /PRNewswire/ -- The following statement was issued today by the law firm of Schiffrin & Barroway, LLP: Notice is hereby given that a class action lawsuit was filed in the United States District Court for the Northern District of California on behalf of all purchasers of the common stock of TIBCO Software, Inc . ("TIBCO" or the "Company") (Nasdaq: TIBX - News) from September 21, 2004 through March 1, 2005, inclusive (the "Class Period"). If you wish to discuss this action or have any questions concerning this notice or your rights or interests with respect to these matters, please contact Schiffrin & Barroway, LLP (Marc A . Topaz, Esq . or Darren J . Check, Esq.) toll-free at 1-888-299-7706 or 1-610-667-7706, or via e-mail at info@sbclasslaw .com . The complaint charges TIBCO and certain of its officers and directors with violations of the Securities Exchange Act of 1934. TIBCO engages in the development and marketing of software solutions for the integration of business information, processes, and applications in various industries outside the financial services market . More specifically, the Complaint alleges that the Company failed to disclose and misrepresented the following material adverse facts which were known to defendants or recklessly disregarded by them : (1) that the Staffware PLC ("Staffware") integration was not yet complete ; (2) that the failed integration of Staffware was causing material disruptions for the Company ; (3) that the failed Staffware integration caused a paralysis of leadership in the Company's European management, which resulted in a lack of execution in all European markets for the Company ; (4) as such, the Company was unable to close any licensing deals that resulted in revenue of more than $5 million ; and (5) that TIBCO did not maintain an adequate system of internal financial, operational or disclosure controls so as to reasonably assure the accuracy, completeness and veracity of the Company's public statements and representations to investors. On March 1, 2005, defendants announced that TIBCO's results for the first quarter of fiscal year 2005 were well below guidance. Even worse, during TIBCO's first quarter of fiscal year 2005 conference call, defendants revealed that Staffware not only remained unintegrated, but because of integration- related problems, European sales had been paralyzed . News of this shocked the market. Shares of TIBCO fell $1 .86 per share, or 20.9 percent, to close at $7.04 per share on unusually heavy trading volume . Plaintiff seeks to recover damages on behalf of class members and is represented by the law firm of Schiffrin & Barroway, which prosecutes class actions in both state and federal courts throughout the country . Schiffrin & Barroway is a driving force behind corporate governance reform, and has recovered billions of dollars on behalf of institutional and individual investors from the United States and around the world . For more information about Schiffrin & Barroway, or to sign up to participate in this action online, please visit http://www.sbclasslaw .com. If you are a member of the class described above, you may, not later than July 25, 2005, move the Court to serve as lead plaintiff of the class, if you so choose. A lead plaintiff is a representative party that acts on behalf of other class members in directing the litigation . In order to be appointed lead plaintiff, the Court must determine that the class member's claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as "lead plaintiff ." Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff . http://biz .yahoo.com/prnews/050531/phtuO35 .html?.v=10&printer=1 6/21/2005 Shareholder Class Action Filed Against TIBCO Software, Inc . By The Law Firm of Schif. Page 2 of 2 You may retain Schiffrin & Barroway, or other counsel of your choice, to serve as your counsel in this action . CONTACT : Schiffrin & Barroway, LLP Marc A . Topaz, Esq . Darren J . Check, Esq . 280 King of Prussia Road Radnor, PA 1908 7 1-888-299-7706 (toll-free) or 1-610-667-7706 Or by e-mail at info@sbclasslaw .co m Source: Schiffrin & Barroway, LL P Copyright © 2005 Yahoo! Inc . All rights reserved . Privacy Polio. Terms of Service -Copyright Policy - Ad Feedback Copyright © 2005 PR Newswire. All rights reserved . Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon . http://biz.yahoo.comlprnews/050531Iphtu035 .html?.v=10&printer=l 6/21/2005 1 CERTIFICATE OF SERVIC E 2 I, Kim O. Trinh, hereby declare as follows: 3 I am employed by Green Welling, A Limited Liability Partnership, 235 Pine Street, 15th 4 Floor, San Francisco, California 94104 . I am over the age of eighteen years and am not a party to 5 this action. On June 21, 2005, I served the within document(s) : 6 CERTIFICATION OF NOTICE PURSUANT TO THE PRIVATE SECURITIES LITIGATION REFORM AC T 7 XX by placing the document(s) listed above for collection and mailing following the firm's 8 ordinary business practice in a sealed envelope with postage thereon fully prepaid for deposit in the United States mail at San Francisco, California addressed as set forth 9 below. 10 by personally delivering the document(s) listed above the person(s) at the address(es) set forth below. 11 by causing personal delivery b y of the document(s ) 12 listed above to the person(s) at the address(es) set forth below . 13 by depositing the document(s) listed above in a sealed envelope with delivery fees provided for a FedEx pick up box or office designated for overnight delivery, and 14 addressed as set forth below . 15 by transmitting via facsimile the above listed document(s) to the fax number(s) set forth below on this date . 16 SEE ATTACHED SERVICE LIST 17 In compliance with Civil LR 23-2, service is also made via electronic mail to a 18 Designated Internet Site that is identified by its physical and electronic addresses set forth below . 19 Securities Class Action Clearinghouse 20 Stanford University School of Law Crown Quadrangle 21 Stanford, CA 94305-8612 Email: jcarlos@law .stanford.edu 22 I declare under penalty of perjury under the laws of the State of California that the above 23 is true and correct, executed June 21, 2005, at San Francisco, California . 24 25 26 27 28 Certificate of Service Bernheim v. Tibco Software Inc., Case No. 05-02205-MJJ SERVICE LIS T Ignacio E. Salceda WILSON SONSINI GOODRICH & ROSATI 650 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 Attorneys for Defendants Marc A. Topaz Richard A. Maniskas SCHIFFRIN & BARROWAY, LLP 280 King of Prussia Rd. Radnor, PA 19087 Telephone: (610) 667-7706 Facsimile: (610) 667-7056 Attorney for Plaintiff.
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