In re JDS Uniphase Corporation Securities Litigation 02-CV-01486-Declaration Of Barbara J. Hal

459 Pages·2007·18.33 MB·English

4:02-cv-01486-CW Document 1701 Filed 10/23/2007 Page 1 of 6
1 Joseph J. Tabacco, Jr. (75484)
Christopher T. Heffelfinger ( 118058)
2 BERMAN DeVALERIO PEASE
TABACCO BURT & PUCILLO
3 425 California Street, Suite 2025
San Francisco , California 94104-2205
4 Telephone : [phone]
Facsimile : [phone]
5
Liaison Counsel for Lead Plaintiff
6 Connecticut Retirement Plans and Trust Funds
7 Barbara J. Hart
Mark S. Arisohn
8 Anthony J. Harwood
Michael W. Stocker (179083)
9 Stefanie J. Sundel
LABATON SUCHAROW LLP
10 140 Broadway
New York, New York 10005
11 Telephone: [phone]
Facsimile: [phone]
12
Lead Counsel for Lead Plaintiff Connecticut
13 Retirement Plans and Trust Funds
14
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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In re JDSU UNIPHASE CORPORATION Master File No. C-02-1486 CW (EDL)
SECURITIES LITIGATION
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DECLARATION OF BARBARA J. HAl
This Document Relates To: ALL ACTIONS IN SUPPORT OF LEAD PLAINTIFF'S
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SUPPLEMENTAL SUBMISSION IN
21 OPPOSITION TO DEFENDANTS' RE-
) ARGUMENT OF DEFENDANTS'
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MOTION IN LIMINE NO. 6
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DECL. OF BARBARA J. HART ISO LEAD PLAINTIFF'S SUPPLEMENTAL SUBMISSION IN OPP TO DEFS' RE-ARGUMENT OF DEFS' MOT IN LIMINE NO. 6
CASE NO.02-1486 CW (EDL)
4:02-cv-01486-CW Document 1701 Filed 10/23/2007 Page 2 of 6
1 I, BARBARA J. HART, declare as follows pursuant to 28 U.S.C. § 1746:
2 I am a Partner to the law firm of Labaton Sucharow, lead counsel for the Lead Plaintiff,
3 the Connecticut Retirement Plans and Trust Funds I respectfully submit this declaration in
4 support of Lead Plaintiffs supplemental submission in opposition to the JDSU defendants' re-
5 argument of their motion in limine no. 6. I make this declaration based on personal knowledge,
6 except for any items stated on information and belief, of which I am informed and believe are
7 true. If called as a witness, I would testify to the facts set forth below.
8 1. Attached as Exhibit 1 are excerpts from the transcript from the November 11,
9 2006 deposition transcript of Alison Reynders.
10 2. Attached as Exhibit 2 are excerpts from the transcript from the October 9, 2007
11 Pretrial Conference.
12 3. Attached as Exhibit 3 is an organizational chart dated July 17, 2000 bearing the
13 bates number JDSU 1142615. This document as has been marked as Plaintiffs' trial exhibit no.
14 240.
15 4. Attached as Exhibit 4 are the Forms 4 filed with the Securities Exchange
16 Commission on behalf of Zita Cobb. These documents have been collectively as Plaintiffs' trial
17 exhibit no. 781.
18 5. Attached as Exhibit 5 is a July 13, 2000 email from Peter Moore to Jozef Straus,
19 et. al. and the attached report titled, "Lucent Account Strategy Mtg., July 14, 2000, bearing the
20 bates numbers JDSU 1281417-801. This document has been marked as Plaintiffs' trial exhibit
21 no. 234.
22 6. Attached as Exhibit 6 is an email from Maurice Tavares to Jay Abbe, et. al.
23 bearing the bates numbers JDSU 0931268-269. This document has been marked as Plaintiffs'
24 trial exhibit no. 305.
25 7. Attached as Exhibit 7 is an August 8, 2000 email from Keith Bisbee to Jozef
26 Straus, et. al. bearing the bates numbers JDSU 1618179-216. This document has been marked
27 as Plaintiffs' trial exhibit no. 322.
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DECL. OF BARBARA J. HART ISO LEAD PLAINTIFF'S SUPPLEMENTAL SUBMISSION IN OPP TO DEFS' RE-ARGUMENT OF DEFS' MOT IN LIMINE NO.6
CASE NO.02-1486 CW (EDL)
4:02-cv-01486-CW Document 1701 Filed 10/23/2007 Page 3 of 6
1 8. Attached as Exhibit 8 is an August 14, 2000 email from Ken Crawford to Straus,
2 et. al. bearing the bates numbers JDSU 1350326-363. This document has been marked as
3 Plaintiffs' trial exhibit no. 353.
4 9. Attached as Exhibit 9 is an August 16, 2000 email from Gail Atley to Jay Abbe,
5 et. al. bearing the bates numbers JDSU 0176816-838. This document has been marked as
6 Plaintiffs' trial exhibit no. 365.
7 10. Attached as Exhibit 10 are excerpts from the transcript for the October 17, 2006
8 deposition of Russell Johnson.
9 11. Attached as Exhibit 11 are excerpts from the transcript for the October 25, 2000
10 deposition of Leo Lefebvre.
11 12. Attached as Exhibit 12 is the JDSU Policy and Procedures for Transactions in
12 Company Securities, bearing the bates numbers JDSU 2160472-490. This document has been
13 marked as Plaintiffs' trial exhibit no. 4.
14 13. Attached as Exhibit 13 are excerpts from the transcript for the November 3, 2006
15 deposition of Maurice Tavares.
16 14. Attached as Exhibit 14 is a June 2, 2000 email from Maurice Tavares to Jay
17 Abbe, bearing the bates number JDSU 1135460. This document has been marked as Plaintiffs'
18 trial exhibit no. 184.
19 15. Attached as Exhibit 15 is a copy of a UBS grant detail report for Maurice Tavares
20 as of January 30, 2007, bearing bates numbers JDSU 3107402-436. This document has been
21 marked as Plaintiffs' trial exhibit no.765.
22 16. Attached as Exhibit 16 is a June 2, 2000 email from Maurice Tavares to Jay Abbe
23 and Jozef Straus bearing bates numbers JDSU 0927780-783. This document has been marked as
24 Plaintiffs' trial exhibit no.183.
25 17. Attached as Exhibit 17 is a July 28, 2000 email from Gordon Buchan to Jozef
26 Straus, et. al. bearing bates number JDSU 0925584. This document has been marked as
27 Plaintiffs' trial exhibit no. 281.
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DECL. OF BARBARA J. HART ISO LEAD PLAINTIFF ' S SUPPLEMENTAL SUBMISSION IN OPP TO DEFS ' RE-ARGUMENT OF DEFS' MOT IN LIMINE NO26
CASE NO.02- 1486 CW (EDL)
4:02-cv-01486-CW Document 1701 Filed 10/23/2007 Page 4 of 6
1 18. Attached as Exhibit 18 are excerpts from the transcript of the November 1, 2006
2 deposition of Mario Leduc.
3 19. Attached as Exhibit 19 are excerpts from the transcript of the July 19, 2007
4 deposition of Thomas Pitre.
5 20. Attached as Exhibit 20 is a UBS grant detail report for Mario Leduc as of Januar
6 30, 2007 bearing bates numbers JDSU 3107389-428. This document has been marked as
7 Plaintiffs' trial exhibit no.764.
8 21. Attached as Exhibit 21 is an August 18, 2000 email from Thomas Pitre to "OPS^L
9 bearing bates number JDSU 0048982. This document has been marked as Plaintiffs' trial exhib
10 no. 375.
11 22. Attached as Exhibit 22 are excerpts from the transcript of the October 20, 2006
12 deposition of Kerry DeHority.
13 23. Attached as Exhibit 23 are excerpts from the transcript of the September 8, 2006
14 deposition of Candace Johnston.
15 24. Attached as Exhibit 24 is the UBS grant detail report for Kerry DeHority as of
16 January 30, 2007 bearing bates numbers JDSU 3107378-425. This document has been marked
17 as Plaintiffs' trial exhibit no.763.
18 25. Attached as Exhibit 25 is PriceWaterhouseCoopers draft valuation of certain
19 intangible assets of E-TEK bearing bates numbers PWC 00168-228. This document has been
20 marked as Plaintiffs' trial exhibit no. 381.
21 26. Attached as Exhibit 26 is PriceWaterhouseCoopers valuation of certain intangibl
22 assets of SDL, Inc. This document has been marked as Plaintiffs' trial exhibit no. 250.
23 27. Attached as Exhibit 27 are excerpts from the transcript of the September 28, 200,
24 deposition of Steve Moore.
25 28. Attached as Exhibit 28 is a UBS grant detail report for Steve Moore as of Januar.
26 30, 2007 bearing bates numbers JDSU 3107395-431. This document has been marked as
27 Plaintiffs' trial exhibit no. 762.
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DECL. OF BARBARA J. HART ISO LEAD PLAINTIFF'S SUPPLEMENTAL SUBMISSION IN OPP TO DEFS' RE-ARGUMENT OF DEFS' MOT IN LIMINE NO 6
CASE NO.02-1486 CW (EDL)
4:02-cv-01486-CW Document 1701 Filed 10/23/2007 Page 5 of 6
1 29. Attached as Exhibit 29 is an August 9, 2000 email from Maurice Tavares to Jay
2 Abbe, et. al. bearing bates number JDSU 0938758-760. This document has been marked as
3 Plaintiffs' trial exhibit no. 328.
4 30. Attached as Exhibit 30 is an August 23, 2000 email from Alan Cobb to Zita Cobb
5 and the attached report titled "Lucent Analysis - Aug 22, 2000 bearing bates numbers JDSU
6 1282099-102. This document has been marked as Plaintiffs' trial exhibit no. 404.
7 31. Attached as Exhibit 31 is an August 22, 2000 email from Steve Moore to Tony
8 Muller and Leo Lefebvre bearing bates numbers JDSU 1096746-748. This document has been
9 marked as Plaintiffs' trial exhibit no. 401.
10 32. Attached as Exhibit 32 is a July 17, 2000 email from Peter Moore to Jay Abbe, et.
11 al. bearing bates number JDSU 0919354. This document has been marked as Plaintiffs' trial
12 exhibit no. 238.
13 33. Attached as Exhibit 33 are excerpts from the transcript of the November 29, 2006
14 deposition of Peter Moore.
15 34. Attached as Exhibit 34 are excerpts from the transcript of the October 20, 2006
16 deposition of Kumar Visvanatha.
17 35. Attached as Exhibit 35 is a March 21, 2000 email from Maurice Tavares to Chris
18 Doylend bearing bates numbers JDSU 1133492-494. This document has been marked as
19 Plaintiffs' trial exhibit no. 104.
20 36. Attached as Exhibit 36 is a UBS grant detail report for Kumar Visvanatha as of
21 January 30, 2007 bearing bates numbers JDSU 3107404-437. This document has been marked
22 as Plaintiffs' trial exhibit no. 766.
23 37. Attached as Exhibit 37 is an August 10, 2000 email from Kumar Visvanatha to
24 Russell Johnson bearing bates number JDSU 1138597. This document has been marked as
25 Plaintiffs' trial exhibit no. 344.
26 38. Attached as Exhibit 38 is an August 21, 2000 email from Peter Moore to Maurice
27 Tavares, et. al. bearing bates numbers JDSU 0893844-845. This document has been marked as
28 Plaintiffs' trial exhibit no. 385.
DECL. OF BARBARA J. HART ISO LEAD PLAINTIFF'S SUPPLEMENTAL SUBMISSION IN OPP TO DEFS' RE-ARGUMENT OF DEFS' MOT IN LIMINE N046
CASE NO.02-1486 CW (EDL)
4:02-cv-01486-CW Document 1701 Filed 10/23/2007 Page 6 of 6
1 39. Attached as Exhibit 39 is an August 25, 2000 email from Roger Miskowicz to
2 Alan Shayanpour, et. al. bearing bates numbers JDSU 0749876-877. This document has been
3 marked as Plaintiffs' trial exhibit no. 413.
4 40. Attached as Exhibit 40 are excerpts of the transcript of August 29, 2006
5 deposition of David Lightfoot.
6 41. Attached as Exhibit 41 is an August 18, 2000 email from Thomas Pitre to "OPSS
7 bearing bate number JDSU 0048982. This document has been marked as Plaintiffs' trial exhibit
8 no. 375.
9 42. Attached as Exhibit 42 is the August 21, 2000 FPG Account Demand Forecast.
10 This document has been marked as Plaintiffs' trial exhibit no. 395.
11 43. Attached as Exhibit 43 are excerpts of the transcript of the August 29, 2006
12 deposition of Rick MacMillan.
13 44. Attached as Exhibit 44 are excerpts of the transcript of the November 14, 2006
14 deposition of Roger Miskowicz.
15 45. Attached as Exhibit 45 is a July 21, 2000 email from Brian Riccitelli to Jay Abbe
16 et. al. bearing bates numbers JDSU 1774235-238. This document has been marked as Plaintiffs'
17 trial exhibit no. 258.
18 46. Attached as Exhibit 46 is a UBS grant detail report for Peter Moore as of
19 February 1, 2000 bearing bates JDSU 3107414-430. This document has been marked as
20 Plaintiffs' trial exhibit no. 767.
21 I declare under penalty of perjury that the foregoing is true and correct. Executed at
22 Oakland, California on October 23, 2007.
23 /s/ Barbara J. Hart
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DECL. OF BARBARA J. HART ISO LEAD PLAINTIFF'S SUPPLEMENTAL SUBMISSION IN OPP TO DEFS' RE-ARGUMENT OF DEFS' MOT IN LIMINE N056
CASE NO.02-1486 CW (EDL)
Case 4:02-cv-01486-CW Document 1701-2 Filed 10/23/2007 Page 1 of 3
EXHIBIT 1
4:02-cv-01486-CW Document 1701-2 Filed 10/23/2007 Page 2 of 3
1 Joseph J . Tabacco , Jr. (75484)
Christopher T. Heffelfinger ( 118058)
2 BERMAN DeVALERIO PEASE
TABACCO BURT & PUCILLO
3 425 California Street , Suite 2025
San Francisco , California 94104-2205
4 Telephone : [phone]
Facsimile : [phone]
5
Liaison Counselfor Lead Plaintiff
6 Connecticut Retirement Plans and Trust Funds
and Counselfor Oklahoma Firefighters
7 Pension and Retirement System
8 Barbara J. Hart
Mark S. Arisohn
9 Anthony J. Harwood
Michael W. Stocker (179083)
10 Stefanie Sundel
LABATON SUCHAROW LLP
11 140 Broadway
New York, New York 10005
12 Telephone : [phone]
Facsimile : [phone]
13
Lead Counselfor Lead Plaintiff
14 Connecticut Retirement Plans and Trust Funds
15 UNITED STATES DISTRICT COURT
16 NORTHERN DISTRICT OF CALIFORNIA
17 OAKLAND DIVISION
18
Master File No. C-02-1486 CW (EDL)
19
IN RE JDS UNIPHASE CORPORATION
CLASS ACTION
20 SECURITIES LITIGATION
DECLARATION OF BARBARA J. HART IN
21
SUPPORT OF LEAD PLAINTIFF'S
This Document Relates To:
SUPPLEMENTAL SUBMISSION IN
22 All Actions
OPPOSITION TO DEFENDANTS'
REARGUMENT OF DEFENDANTS'
23
MOTIONS INLIMINE No. 6
EXHIBIT 1
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MANUAL FILING NOTIFICATION
Master File No. C-02-1486 CW (EDL)
4:02-cv-01486-CW Document 1701-2 Filed 10/23/2007 Page 3 of 3
1 MANUAL FILING NOTIFICATION
2 Regarding: DECLARATION OF BARBARA J. HART R IN SUPPORT OF LEAD
PLAINTIFF'S SUPPLEMENTAL SUBMISSION IN OPPOSITION TO
3 DEFENDANTS' REARGUMENT OF DEFENDANTS' MOTIONS IN
LIMINE No. 6 EXHIBIT 1
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This filing is in paper or physical form only, and is being maintained in the case file in
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the Clerk's office. If you are a participant in this case, this filing will be served in hard-copy
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shortly.
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[ ] Non-Graphic/Text Computer File (audio, video, etc.) on CD or other media
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[X] Item Under Seal
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[ ] Other (description):
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MANUAL FILING NOTIFICATION
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Master File No. C-02-1486 CW (EDL)
Case 4:02-cv-01486-CW Document 1701-3 Filed 10/23/2007 Page 1 of 7
EXHIBIT 2