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Keywords & Phrases
CaseNo: RG81684, CourtName: CLASS ACTION II, State: CA California, UniqueCaseRef: LCD>RG81684, Settlement, Raster, Raster Graphics, Lead Plaintiffs, Motion, Securities, Fee, Movants, Llp, Exchange Act, Expenses, California, Class Action, Lawrence, Class Actions, Facts, Acts, Class Period, Class Members, Common Fund, Lerach Llp, Award, Scienter, United States, Reform Act, Lead Counsel, Reimbursement, Grimm, Fees, San Francisco, Entry, Allege, Appointment, San Diego, Declaration, Standard, Securities Exchange Act, Kaplan, Common Stock, Lcc, Discovery, Risks, Cir, Northern District , ContentID: 120246869

Case Documents
1   OPPOSITION TO MOTION FOR DESIGNATION OF LEAD PLAINTIFF 2
[ see first page and extracted highlights below  ] ItemID: 116777
10 pages
PDF
2   OPPOSITION TO MOTION FOR DESIGNATION OF LEAD PLAINTIFF
[ see first page and extracted highlights below  ] ItemID: 116776
10 pages
PDF
3   MOTION TO BE APPOINTED LEAD PLAINTIFFS 2
[ see first page and extracted highlights below  ] ItemID: 116774
14 pages
PDF
4   MOTION TO BE APPOINTED LEAD PLAINTIFF
[ see first page and extracted highlights below  ] ItemID: 116773
14 pages
PDF
5   MOTION AND MEMO IN SUPPORT OF MOTION FOR FINAL APPROVAL
[ see first page and extracted highlights below  ] ItemID: 116772
18 pages
PDF
6   MOTION AND MEMO IN SUPPORT OF MOTION FOR APPROVAL OF PLAN
[ see first page and extracted highlights below  ] ItemID: 116771
7 pages
PDF
7   MOTION AND MEMO IN SUPPORT OF APPLICATION
[ see first page and extracted highlights below  ] ItemID: 116770
19 pages
PDF
8   LITIGANTS 3 98CV938
[ see first page and extracted highlights below  ] ItemID: 116768
2 pages
PDF
9   LITIGANTS 3 98CV807
[ see first page and extracted highlights below  ] ItemID: 116767
3 pages
PDF
10   LITIGANTS 3 98CV1489
[ see first page and extracted highlights below  ] ItemID: 116766
1 pages
PDF
11   FINAL JUDGMENT AND ORDER OF DISMISSAL
[ see first page and extracted highlights below  ] ItemID: 116765
6 pages
PDF
12   DECLARATION OF REED R KATHREIN
[ see first page and extracted highlights below  ] ItemID: 116764
20 pages
PDF
13   DECLARATION OF JOY ANN BULL
[ see first page and extracted highlights below  ] ItemID: 116762
7 pages
PDF
14   DECLARATION OF JEFFREY W LAWRENCE IN SUPPORT OF MOTION
[ see first page and extracted highlights below  ] ItemID: 116761
6 pages
PDF
15   DECLARATION OF JEFFREY W LAWRENCE
[ see first page and extracted highlights below  ] ItemID: 116760
6 pages
PDF
16 1998-07-09 CIVIL DOCKET FOR CASE 98-CV-1489
[ see first page and extracted highlights below  ] ItemID: 116753
5 pages
PDF
17 1998-06-15 CIVIL DOCKET FOR CASE 98-CV-807
[ see first page and extracted highlights below  ] ItemID: 116754
7 pages
PDF
18 1998-06-08 CIVIL DOCKET FOR CASE 98-CV-938
[ see first page and extracted highlights below  ] ItemID: 116755
7 pages
PDF
19 1998-05-01 MEMO IN SUPPORT OF THE MOTION FOR CONSOLIDATION
[ see first page and extracted highlights below  ] ItemID: 116769
11 pages
PDF
20 1998-05-01 DECLARATION OF NICOLE LAVALLEE
[ see first page and extracted highlights below  ] ItemID: 116763
3 pages
PDF
21 1998-04-14 COMPLAINT B 3
[ see first page and extracted highlights below  ] ItemID: 116759
12 pages
PDF
22 1998-04-13 COMPLAINT B 2
[ see first page and extracted highlights below  ] ItemID: 116758
13 pages
PDF
23 1998-03-10 COMPLAINT B 1
[ see first page and extracted highlights below  ] ItemID: 116757
12 pages
PDF
24 1998-03-02 MOTION TO DISMISS COMPLAINTS
[ see first page and extracted highlights below  ] ItemID: 116775
18 pages
PDF
25 1998-03-02 COMPLAINT A
[ see first page and extracted highlights below  ] ItemID: 116756
13 pages
PDF
Total Documents: 25 documents , 244 pages
Price: $ 139.95


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1 . OPPOSITION TO MOTION FOR DESIGNATION OF LEAD PLAINTIFF 2

EXTRACTED KEY WORDS
RASTER GRAPHICS
LEAD PLAINTIFF
GRIMM
APPOINTMENT
LLP
MOTION
COUNSEL
COURT
MEMBERS
ADEQUATE PLAINTIFF
LOSSES
SAN FRANCISCO
LAWRENCE
CLASS PERIOD
PURCHASERS
LERACH LLP
JEFFREY
YORK
RELIEF
MOVANTS
DECLARATION
KAPLAN
DISTRICT
SECURITIES
EXCHANGE ACT
CALIFORNIA
DESIGNATION
LITIGATION
SHARES




MILBERG WEISS BERSHAD

HYNES & LERACH LLP

WILLIAM S. LERACH (68581)

600 West Broadway, Suite 1800

San Diego, CA 92101

Telephone: 619/231-1058

- and -

REED R. KATHREIN (139304)

JEFFREY W. LAWRENCE (166806)

DAVID R. STICKNEY (188574)

222 Kearny Street, 10th Floor

San Francisco, CA 94108

Telephone: 415/288-4545

[Proposed] Lead Counsel for Plaintiffs


KAUFMAN, MALCHMAN, KIRBY

& SQUIRE, LLP

JEFFREY H. SQUIRE

IRA M. PRESS

919 Third Avenue, 11th Floor

New York, NY 10022

Telephone: 212/371-6600


SNIPPETS:
  • HYNES & LERACH LLP
  • JEFFREY W. LAWRENCE
  • San Francisco, CA 94108
  • New York, NY 10022
  • KAPLAN, KILSHEIMER & FOX, LLP
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • OPPOSITION TO THE GRIMM GROUP'S MOTION
  • APPOINTMENT OF LEAD PLAINTIFFS' CHOICE OF COUNSEL
  • The Raster Graphics Plaintiff Group Has The Largest Financial Interest In The Relief Sought
  • Purchasers of Raster Graphics, Inc.'s common stock commenced three class actions in this
  • The plaintiffs in Grimm v. Raster Graphics, Inc., C-98-0807-FMS, the first-filed action,
  • One group consists of John Bowers, Steven Jay Colton, and 29 other members of the proposed
  • The Private Securities Litigation Reform Act provides a straight-forward objective test to
  • The Raster Graphics Plaintiff Group purchased over 162,090 Raster shares and suffered
  • Accordingly, the motion of the Grimm Group should be denied, and the Raster Graphics
  • A comparison of the financial interests of the competing movants plainly shows that the
  • May 4, 1998 Declaration of Jeffrey W. Lawrence, Ex.
  • Other comparisons are likewise instructive.For example, the Class Period losses of Steven Jay
  • The Raster Graphics Plaintiff Group has selected Milberg Weiss Bershad Hynes & Lerach LLP to
  • the Grimm Group's Motion for Designation of Lead Plaintiffs and for Appointment of Lead

  • 2 . OPPOSITION TO MOTION FOR DESIGNATION OF LEAD PLAINTIFF

    EXTRACTED KEY WORDS
    RASTER GRAPHICS
    LEAD PLAINTIFF
    GRIMM
    APPOINTMENT
    LLP
    MOTION
    COUNSEL
    COURT
    MEMBERS
    ADEQUATE PLAINTIFF
    LOSSES
    SAN FRANCISCO
    LAWRENCE
    CLASS PERIOD
    PURCHASERS
    LERACH LLP
    JEFFREY
    YORK
    RELIEF
    MOVANTS
    DECLARATION
    KAPLAN
    DISTRICT
    SECURITIES
    EXCHANGE ACT
    DONALD
    CYNTHIA GRIMM
    DESIGNATION
    SHARES
    
    
    
    
    
    MILBERG WEISS BERSHAD
    
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    JEFFREY W. LAWRENCE (166806)
    
    DAVID R. STICKNEY (188574)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    [Proposed] Lead Counsel for Plaintiffs
    
    
    KAUFMAN, MALCHMAN, KIRBY
    
    & SQUIRE, LLP
    
    JEFFREY H. SQUIRE
    
    IRA M. PRESS
    
    919 Third Avenue, 11th Floor
    
    New York, NY 10022
    
    Telephone: 212/371-6600
    
    
    
    SNIPPETS:
  • HYNES & LERACH LLP
  • JEFFREY W. LAWRENCE
  • San Francisco, CA 94108
  • New York, NY 10022
  • KAPLAN, KILSHEIMER & FOX, LLP
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • RASTER GRAPHICS, INC., et al.,
  • OPPOSITION TO THE GRIMM GROUP'S MOTION
  • FOR DESIGNATION OF LEAD PLAINTIFF AND FOR
  • APPOINTMENT OF LEAD PLAINTIFFS' CHOICE OF COUNSEL
  • The Raster Graphics Plaintiff Group Has The Largest Financial Interest In The Relief Sought
  • Purchasers of Raster Graphics, Inc.'s common stock commenced three class actions in this
  • The plaintiffs in Grimm v. Raster Graphics, Inc., C-98-0807-FMS, the first-filed action,
  • One group consists of John Bowers, Steven Jay Colton, and 29 other members of the proposed
  • The other group consists of plaintiffs Donald and Cynthia Grimm, Erik Dowgos, Henry Bentley
  • The Private Securities Litigation Reform Act provides a straight-forward objective test to
  • The Raster Graphics Plaintiff Group purchased over 162,090 Raster shares and suffered
  • Accordingly, the motion of the Grimm Group should be denied, and the Raster Graphics
  • A comparison of the financial interests of the competing movants plainly shows that the
  • May 4, 1998 Declaration of Jeffrey W. Lawrence, Ex.
  • Other comparisons are likewise instructive.For example, the Class Period losses of Steven Jay
  • The Raster Graphics Plaintiff Group has selected Milberg Weiss Bershad Hynes & Lerach LLP to
  • the Grimm Group's Motion for Designation of Lead Plaintiffs and for Appointment of Lead

  • 3 . MOTION TO BE APPOINTED LEAD PLAINTIFFS 2

    EXTRACTED KEY WORDS
    MOVANTS
    LLP
    COURT
    LAWRENCE
    MOTION
    COUNSEL
    RASTER GRAPHICS
    EXCHANGE ACT
    SECURITIES EXCHANGE ACT
    LERACH LLP
    SQUIRE
    KAPLAN
    LEAD PLAINTIFFS PURSUANT
    MEMBERS
    MILBERG WEISS BERSHAD
    SAN FRANCISCO
    DEFENDANTS
    APPOINTED LEAD PLAINTIFFS
    KILSHEIMER
    WOLF POPPER LLP
    EXECUTIVE COMMITTEE
    NORTHERN DISTRICT
    LAWRENCE DECL
    UNITED STATES
    CALIFORNIA
    CLASS PERIOD
    COMPLAINT
    WILLIAM
    ADEQUATE PLAINTIFF
    
    
    
    
    
    MILBERG WEISS BERSHAD
    
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    JEFFREY W. LAWRENCE (166806)
    
    DAVID R. STICKNEY (188574)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    [Proposed] Lead Counsel for Plaintiffs
    
    
    KAUFMAN, MALCHMAN, KIRBY
    
    & SQUIRE, LLP
    
    JEFFREY H. SQUIRE
    
    IRA M. PRESS
    
    919 Third Avenue, 11th Floor
    
    New York, NY 10022
    
    Telephone: 212/371-6600
    
    
    
    SNIPPETS:
  • HYNES & LERACH LLP
  • WILLIAM S. LERACH
  • San Francisco, CA 94108
  • JEFFREY H. SQUIRE
  • KAPLAN, KILSHEIMER & FOX, LLP
  • Executive Committee for Plaintiffs
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • RASTER GRAPHICS, INC., et al.
  • MOVANTS' MOTION TO BE APPOINTED LEAD PLAINTIFFS PURSUANT TO
  • AND APPROVAL OF LEAD PLAINTIFFS' CHOICE OF COUNSEL
  • THIS COURT SHOULD APPROVE MOVANTS' CHOICE OF COUNSEL
  • defrauded purchasers of Raster Graphics Corporation common stock between October 20, 1997 and
  • This motion is brought pursuant to §21D of the Securities Exchange Act of 1934 on the grounds
  • In addition, Movants seek the Court's approval of their selection of Milberg Weiss Bershad
  • This Motion is based upon this Notice, the accompanying Memorandum of Points and Authorities,
  • The plaintiffs in each of these actions allege violations of the Exchange Act and Rule 10b-5
  • Under this section of the Exchange Act, the Court "shall" appoint the "most adequate
  • that the most adequate plaintiff in any private action arising under this chapter is the
  • During the Class Period, Movants collectively purchased more than 162,000 shares of Raster
  • the Raster Graphics Plaintiff Group satisfies the prerequisites for appointment as Lead
  • PURSUANT TO NORTHERN DISTRICT LOCAL RULE 23-2

  • 4 . MOTION TO BE APPOINTED LEAD PLAINTIFF

    EXTRACTED KEY WORDS
    LLP
    COURT
    CLASS ACTION
    LAWRENCE
    COUNSEL
    RASTER GRAPHICS
    MOVANTS
    LERACH LLP
    SAN FRANCISCO
    SQUIRE
    KAPLAN
    GRIMM
    DEFENDANTS
    MEMBERS
    MILBERG WEISS BERSHAD
    HYNES
    KILSHEIMER
    WOLF POPPER LLP
    EXECUTIVE COMMITTEE
    NORTHERN DISTRICT
    LAWRENCE DECL
    UNITED STATES
    CALIFORNIA
    CLASS PERIOD
    EXCHANGE ACT
    SECURITIES EXCHANGE ACT
    COMPLAINT
    WILLIAM
    ADEQUATE PLAINTIFF
    
    
    
    
    
    MILBERG WEISS BERSHAD
    
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    JEFFREY W. LAWRENCE (166806)
    
    DAVID R. STICKNEY (188574)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    [Proposed] Lead Counsel for Plaintiffs
    
    
    KAUFMAN, MALCHMAN, KIRBY
    
    & SQUIRE, LLP
    
    JEFFREY H. SQUIRE
    
    IRA M. PRESS
    
    919 Third Avenue, 11th Floor
    
    New York, NY 10022
    
    Telephone: 212/371-6600
    
    
    
    SNIPPETS:
  • HYNES & LERACH LLP
  • WILLIAM S. LERACH
  • JEFFREY H. SQUIRE
  • KAPLAN, KILSHEIMER & FOX, LLP
  • Executive Committee for Plaintiffs
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • RASTER GRAPHICS, INC., et al.,
  • Defendants.
  • CLASS ACTION
  • MOVANTS' MOTION TO BE APPOINTED LEAD PLAINTIFFS PURSUANT TO
  • 21DOF THE SECURITIES EXCHANGE ACT OF 1934 AND APPROVAL
  • OF LEAD PLAINTIFFS' CHOICE OF COUNSEL
  • THIS COURT SHOULD APPROVE MOVANTS' CHOICE OF COUNSEL
  • NOTICE IS HEREBY GIVEN that on June 5, 1998, at 10:00 a.m., or as soon thereafter as this fs and Approval of Lead Plaintiffs' Choice of Counsel.
  • This motion is brought pursuant to §21D of the Securities Exchange Act of 1934 on the grounds
  • In addition, Movants seek the Court's approval of their selection of Milberg Weiss Bershad
  • This Motion is based upon this Notice, the accompanying Memorandum of Points and Authorities,
  • Grimm, et al. v.
  • The plaintiffs in each of these actions allege violations of the Exchange Act and Rule 10b-5
  • Under this section of the Exchange Act, the Court "shall" appoint the "most adequate
  • that the most adequate plaintiff in any private action arising under this chapter is the
  • PURSUANT TO NORTHERN DISTRICT LOCAL RULE 23-2

  • 5 . MOTION AND MEMO IN SUPPORT OF MOTION FOR FINAL APPROVAL

    EXTRACTED KEY WORDS
    PLAINTIFFS
    LITIGATION
    COUNSEL
    COURT
    CLASS ACTION
    RISKS
    MOTION
    PARTIES
    CIR
    CALIFORNIA
    SAN DIEGO
    SUPP
    DEFENDANTS
    UNITED STATES
    SETTLEMENT APPROPRIATELY BALANCES
    UNITED STATES DISTRICT
    STRENGTHS
    LERACH LLP
    RASTER GRAPHICS
    SECURITIES
    AUTHORITIES
    REASONABLENESS
    WILLIAM
    MEMORANDUM
    WEAKNESSES
    EXPERIENCED COUNSEL
    LIABILITY
    CLASS MEMBERS
    PRELIMINARY STATEMENT
    
    
    
    
    
    MILBERG WEISS BERSHAD
    
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    JOY ANN BULL (138009)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    JEFFREY W. LAWRENCE (166806)
    
    DAVID R. STICKNEY (188574)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    Lead Counsel for Plaintiffs
    
    
                             UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    In re RASTER GRAPHICS SECURITIES
    
    LITIGATION
    
    ___________________________________
    
    
    
    
    SNIPPETS:
  • HYNES & LERACH LLP
  • WILLIAM S. LERACH
  • San Diego, CA 92101
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • NOTICE OF MOTION AND MOTION AND MEMORANDUM OF POINTS
  • AND AUTHORITIES IN SUPPORT OF MOTION FOR FINAL
  • PRELIMINARY STATEMENT
  • THE STANDARDS FOR JUDICIAL APPROVAL OF CLASS ACTION SETTLEMENTS
  • THE SETTLEMENT MEETS THE NINTH CIRCUIT STANDARD FOR APPROVAL
  • The Parties Could Identify The Strengths And Weaknesses Of Their Cases
  • The Settlement Appropriately Balances The Risks Of Litigation And The Benefit To The Class Of
  • The Recommendations Of Experienced Counsel Heavily Favor Approval Of The Settlement
  • 910 F.2d 10 (1st Cir.
  • Chatelain v. Prudential-Bache Sec., 805 F. Supp.
  • Class Plaintiffs v. Seattle,
  • ALL PARTIES AND THEIR ATTORNEYS OF RECORD
  • Representative Plaintiffs' motion is based on their Memorandum of Points and Authorities in
  • This settlement is the result of arm's-length settlement negotiations and in Representative
  • This case arose out of the conduct of defendants which plaintiffs allege caused the price of
  • The action filed in this Court asserts claims under §§10and 20of the Securities Exchange Act
  • Pursuant to an Order of the Court dated December 11, 1998, notices were mailed to
  • Representative Plaintiffs' counsel firmly believe that this settlement is fair, reasonable
  • The presumption of reasonableness in this action is fully warranted because the settlement is

  • 6 . MOTION AND MEMO IN SUPPORT OF MOTION FOR APPROVAL OF PLAN

    EXTRACTED KEY WORDS
    PLAN
    SETTLEMENT
    ALLOCATION
    REPRESENTATIVE PLAINTIFFS
    SAN DIEGO
    DISTRICT
    MOTION
    APPROVING
    COMMON STOCK
    COUNSEL
    RASTER
    PROCEEDS
    DECLARE
    PURCHASES
    SALES
    LERACH LLP
    UNITED STATES
    COURT
    NET SETTLEMENT FUND
    SETTLEMENT FUND
    SETTLEMENT CLASS PERIOD
    CALIFORNIA
    MEMORANDUM
    SUPPORT
    PRICE
    CALCULATIONS
    REASONS
    VALID PROOF
    CLAIMS ADMINISTRATOR
    
    
    
    
    
    MILBERG WEISS BERSHAD
    
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    JOY ANN BULL (138009)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    JEFFREY W. LAWRENCE (166806)
    
    DAVID R. STICKNEY (188574)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    Lead Counsel for Plaintiffs
    
    
                             UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    In re RASTER GRAPHICS SECURITIES
    
    LITIGATION
    
    ___________________________________
    
    This Document Relates To:
    
    
    SNIPPETS:
  • HYNES & LERACH LLP
  • San Diego, CA 92101
  • Lead Counsel for Plaintiffs
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • NOTICE OF MOTION AND MOTION AND MEMORANDUM IN SUPPORT OF
  • MOTION FOR APPROVAL OF PLAN OF ALLOCATION
  • PLEASE TAKE NOTICE that, pursuant to an Order of the Court filed December 11, 1998, on
  • Representative Plaintiffs' motion is based on the Plan of Allocation and the Memorandum in
  • Representative Plaintiffs submit this memorandum in support of their motion for approval of
  • Under the proposed Plan, class members are required to submit a Proof of Claim form which
  • Class members are also asked to set forth the dateon which they purchased and sold their
  • A "Claim" will be calculated in accordance with the Plan described in the Notice sent to
  • After the calculation of all claimants' Claims and the conduct of certain verification llowed.
  • For all of the foregoing reasons, Representative Plaintiffs' Counsel respectfully request
  • I declare under penalty of perjury that the foregoing is true and correct.

  • 7 . MOTION AND MEMO IN SUPPORT OF APPLICATION

    EXTRACTED KEY WORDS
    PLAINTIFFS
    CLASS ACTIONS
    ATTORNEYS
    COMMON FUND
    COURT
    COUNSEL
    AWARD
    EXPENSES
    LITIGATION
    DISTRICT COURTS
    REIMBURSEMENT
    SECURITIES
    SAN DIEGO
    SUPPORT
    CIR
    SETTLEMENT
    UNITED STATES
    AWARDING ATTORNEYS
    REPRESENTATIVE PLAINTIFFS
    CONTINGENT FEE
    LERACH LLP
    CALIFORNIA
    AUTHORITIES
    JOY ANN BULL
    COMPENSATION
    SAN FRANCISCO
    LEAD COUNSEL
    NORTHERN DISTRICT
    MEMORANDUM
    
    
    
    
    
    MILBERG WEISS BERSHAD
    
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    JOY ANN BULL (138009)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    JEFFREY W. LAWRENCE (166806)
    
    DAVID R. STICKNEY (188574)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    Lead Counsel for Plaintiffs
    
    
                             UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    In re RASTER GRAPHICS SECURITIES
    
    LITIGATION
    
    ___________________________________
    
    
    
    
    SNIPPETS:
  • HYNES & LERACH LLP
  • San Diego, CA 92101
  • Lead Counsel for Plaintiffs
  • UNITED STATES DISTRICT COURT
  • AUTHORITIES IN SUPPORT OF PLAINTIFFS' APPLICATION
  • FOR ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES
  • A Reasonable Percentage Of The Fund Recovered Is The Preferred Approach To Awarding
  • Consideration Of Other Relevant Factors Justify An Award Of A 25% Fee In This Case
  • REPRESENTATIVE PLAINTIFFS' COUNSEL'S EXPENSES ARE REASONABLE AND WERE NECESSARILY INCURRED TO
  • Camden I Condominium Ass'n v. Dunkle, 946 F.2d 768 (11th Cir.
  • Edward D. Cavanagh, Attorneys' Fees in Antitrust Litigation:
  • Report of the Third Circuit Task Force, Court Awarded Attorney Fees,
  • Thomas E. Willging, Laurel L. Hooper, and Robert J. Niemic, An Empirical Study of Class
  • PLEASE TAKE NOTICE that, pursuant to an Order of the Court filed December 11, 1998, on nt of out-of-pocket expenses.
  • Representative Plaintiffs' motion is based on their Memorandum of Points and Authorities in
  • This case was subject to the provisions of the Private Securities Litigation Reform Act of
  • Representative Plaintiffs' counsel's efforts to date have been without compensation of any
  • Ten years ago the Ninth Circuit established a 25% benchmark for attorneys' fees in common
  • In fee awards in securities class actions since Paul, Johnson, district courts in this
  • Further, a Federal Judicial Center Study released in 1996, which covered all class actions in
  • See Phemister, ¶66,234, at 66,995 ("Contingent fee arrangements in non-class action damage
  • These expenses are categorized in the declarations of counsel submitted to the Court herewith
  • lead counsel contacted BVS and obtained a preliminary opinion about the soundness of our

  • 8 . LITIGANTS 3 98CV938

    EXTRACTED KEY WORDS
    NORTHERN DISTRICT
    CALIFORNIA
    
    
    
    
    
    3:98cv938                Dowgos v. Raster Graphics Inc, et al
    
                                                                               CONSOL
                                      U.S. District Court
         U.S. District for the Northern District of California (S.F.)
    
    
    ERIK DOWGOS, on behalf of                    Joseph J. Tabacco, Jr.
    himself and all others                       [COR LD NTC]
    similarly situated                           Berman DeValerio Pease &
                Plaintiff                        Tabacco
                                                 425 California St
                                                 Ste 2025
                                                 San Francisco, CA 94104
                                                 (415) 433-3200
    
                                                 Steven J. Troll
                                                 [COR LD NTC]
                                                 Cohen Milstein Hausfeld & Toll
                                                 PLLC
                                                 The First Interstate Bldg
                                                 999 Third Ave
                                                 Ste 3600
                                                 Seattle, WA 98104
                                                 (206) 521-0080
    
    
          v.
    
    
    RASTER GRAPHICS INC                          David M. Furbush
                defendant                        [COR LD NTC]
                                                 Meredith N. Landy
                                                 [COR NTC]
                                                 Brobeck Phleger & Harrison
                                                 Two Embarcadero Place
                                                 2200 Geng Rd
                                                 Palo Alto, CA 94303
                                                 (415) 424-0160
    
    
    RAK KUMAR                                    David M. Furbush
                defendant                        (See above)
                                                 [COR LD NTC]
    
    SNIPPETS:
  • U.S. District for the Northern District of California

  • 9 . LITIGANTS 3 98CV807

    EXTRACTED KEY WORDS
    NTC
    DISTRICT
    DEFENDANT
    MEREDITH
    LANDY
    CONSOL
    NORTHERN DISTRICT
    CALIFORNIA
    PLLC
    FIRST INTERSTATE BLDG
    STE
    SEATTLE
    RASTER GRAPHICS
    DAVID
    FURBUSH DEFENDANT
    BROBECK PHLEGER
    HARRISON
    EMBARCADERO
    PALO ALTO
    
    
    
    
    
    
    3:98cv807            Grimm, et al v. Raster Graphics, et al
    
                                                                          M-ADR
    CONSOL
                                  U.S. District Court
         U.S. District for the Northern District of California (S.F.)
    
    
    DONALD GRIMM                             Jonathan M. Plasse
            Plaintiff                        212-490-2332
                                             [COR NTC]
                                             Emily C. Komlossy
                                             [COR NTC]
                                             Goodkind Labaton Rudoff &
                                             Sucharow LLP
                                             100 Park Ave 12th Flr
                                             New York, NY 10017-5563
                                             (212) 907-0700
    
                                             Joseph J. Tabacco, Jr.
                                             [COR NTC]
                                             Nicole Lavalle
                                             [COR LD NTC]
                                             Berman DeValerio Pease &
                                             Tabacco
                                             425 California St
                                             Ste 2025
                                             San Francisco, CA 94104
                                             (415) 433-3200
    
    
    CYNTHIA GRIMM                            Jonathan M. Plasse
            Plaintiff                        (See above)
                                             [COR NTC]
                                             Emily C. Komlossy
                                             (See above)
                                             [COR NTC]
    
                                             Joseph J. Tabacco, Jr.
                                             (See above)
                                             [COR NTC]
                                             Nicole Lavalle
                                             (See above)
    
    SNIPPETS:
  • CONSOL
  • U.S. District for the Northern District of California
  • PLLC
  • The First Interstate Bldg
  • Ste 3600
  • Seattle, WA 98104
  • RASTER GRAPHICS, INC. David M. Furbush defendant [COR LD NTC]
  • Meredith N. Landy
  • Brobeck Phleger & Harrison
  • Two Embarcadero Place
  • Palo Alto, CA 94303

  • 10 . LITIGANTS 3 98CV1489

    EXTRACTED KEY WORDS
    DEFENDANT
    NORTHERN DISTRICT
    CALIFORNIA
    RASTER GRAPHICS
    RAK KUMAR
    
    
    
    
    3:98cv1489               Moore, et al v. Raster Graphics, et al
    
                                                                             CONSOL
                                      U.S. District Court
         U.S. District for the Northern District of California (S.F.)
    
    
    MARK MOORE                                   Joseph J. Tabacco, Jr.
                Plaintiff                        [COR LD NTC]
                                                 Berman DeValerio Pease &
                                                 Tabacco
                                                 425 California St
                                                 Ste 2025
                                                 San Francisco, CA 94104
                                                 (415) 433-3200
    
    
    HENRY BENTLEY                                Joseph J. Tabacco, Jr.
                Plaintiff                        (See above)
                                                 [COR LD NTC]
    
    
          v.
    
    
    RASTER GRAPHICS, INC.
                defendant
    
    
    RAK KUMAR
                defendant
    
    
    
    
    
    
    
    
    
    
    
    SNIPPETS:
  • U.S. District for the Northern District of California
  • RASTER GRAPHICS, INC. defendant
  • RAK KUMAR

  • 11 . FINAL JUDGMENT AND ORDER OF DISMISSAL

    EXTRACTED KEY WORDS
    SETTLEMENT CLASS
    MEMBERS
    STIPULATION
    REPRESENTATIVE PLAINTIFFS
    LITIGATION
    JUDGEMENT
    COURT
    DEFENDANTS
    COUNSEL
    SETTLING PARTIES
    DISTRIBUTION
    CIVIL PROCEDURE
    PURSUANT
    SAN DIEGO
    APPROVING
    FEDERAL RULES
    UNITED STATES
    DECLARE
    CONTROLLING
    EXECUTES
    ADMINISTRATOR
    COMPLAINTS
    LERACH LLP
    CALIFORNIA
    RASTER GRAPHICS
    ADEQUATE
    PROCEEDING
    PROPOSED SETTLEMENT
    REQUESTED EXCLUSION
    
    
    
    
    
    In re RASTER GRAPHICS SECURITIES
    
    LITIGATION
    
    ___________________________________
    
    This Document Relates To:
    
    ALL ACTIONS.
    
    ___________________________________
    
    Master File No. C-98-0807-FMS
    
    CLASS ACTION
    
    
    DATE: February 19, 1999
    
    TIME: 10:00 a.m.
    
    COURTROOM: The Honorable
    
    Fern M. Smith
    
    
                      FINAL JUDGMENT AND ORDER OF DISMISSAL
    
    
    This matter came on for hearing on February 19, 1999, upon the application of the
    Settling Parties for approval of the settlement set forth in the Stipulation of Settlement
    (the "Stipulation") dated as of October 12, 1998. Due and adequate notice having been
    given to the Settlement Class, and the Court having considered the Stipulation, all papers
    filed and proceedings held herein and all oral and written comments received regarding
    the proposed settlement, and having reviewed the entire record in the action, and good
    cause appearing therefor;
    
    IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
    
    1. The Court, for purposes of this Final Judgment and Order of Dismissal (the
    "Judgment"), adopts all defined terms as set forth in the Stipulation.
    
    2. The Court has jurisdiction over the subject matter of the Litigation, the Representative
    Plaintiffs, the other Members of the Settlement Class, and the Defendants.
    
    SNIPPETS:
  • In re RASTER GRAPHICS SECURITIES
  • This matter came on for hearing on February 19, 1999, upon the application of the Settling
  • Due and adequate notice having been given to the Settlement Class, and the Court having
  • The Court, for purposes of this Final Judgment and Order of Dismissal, adopts all defined
  • The Court has jurisdiction over the subject matter of the Litigation, the Representative
  • The Court finds that the distribution of the Notice of Pendency and Proposed Settlement of process, the United States Constitution, and any other applicable law.
  • Pursuant to and in accordance with the requirements of Rule 23 of the Federal Rules of Civil
  • Except as to any individual claim of those Persons who have validly and timely requested
  • Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Court has certified a Persons who timely and validly request exclusion from the Settlement Class pursuant to the Notice
  • Upon the Effective Date, the Representative Plaintiffs and their counsel on their own behalf
  • whether or not such Settlement Class Member executes and delivers the Proof of Claim and
  • Only those Settlement Class Members filing valid and timely Proof of Claim and Release forms
  • Representative Plaintiffs or any other Member of the Settlement Class may file the
  • No party or their respective counsel violated any of the requirements of Rule 11 of the
  • The Settling Parties, their agents, employees and counsel and the Claims Administrator shall
  • UNITED STATES DISTRICT JUDGE
  • HYNES & LERACH LLP
  • That declarant is and was, at all times herein mentioned, a citizen of the United States and
  • That on February 11, 1999, declarant served the FINAL JUDGMENT AND ORDER OF DISMISSAL by
  • I declare under penalty of perjury that the foregoing is true and correct.

  • 12 . DECLARATION OF REED R KATHREIN

    EXTRACTED KEY WORDS
    SETTLEMENT
    COUNSEL
    DEFENDANTS
    RASTER GRAPHICS
    LITIGATION
    FEES
    COURT
    DISCOVERY
    EXPENSES
    FEDERAL ACTION
    SECURITIES
    MOTION
    ATTORNEYS
    LEAD COUNSEL
    REIMBURSEMENT
    CALIFORNIA
    ALLOCATION
    DECLARATION
    CLASS MEMBERS
    LLP
    PROCEDURAL BACKGROUND
    MILBERG WEISS
    KATHREIN
    UNITED STATES
    NORTHERN DISTRICT
    COMMENCEMENT
    PIEZOPRINT
    CLASS PERIOD
    COMMON STOCK
    
    
    
    
    
    MILBERG WEISS BERSHAD
    
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    JOY ANN BULL (138009)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    JEFFREY W. LAWRENCE (166806)
    
    DAVID R. STICKNEY (188574)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    Lead Counsel for Plaintiffs
    
    
                             UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    In re RASTER GRAPHICS SECURITIES
    
    LITIGATION
    
    ___________________________________
    
    
    
    
    SNIPPETS:
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • In re RASTER GRAPHICS SECURITIES
  • DECLARATION OF REED R. KATHREIN IN SUPPORT OF
  • PLAINTIFFS' APPLICATION FOR APPROVAL OF SETTLEMENT,
  • AND APPROVAL OF PLAN OF ALLOCATION
  • FACTUAL BACKGROUND OF THE LITIGATION
  • PROCEDURAL BACKGROUND OF THE FEDERAL ACTION
  • Commencement Of The Action
  • Defendants' Motion To Dismiss
  • Plaintiffs' Lead Plaintiff Motion
  • E. Confirmatory Discovery
  • The Settlement Was Fairly And Aggressively Negotiated By Counsel
  • PLAINTIFFS' COUNSEL'S APPLICATION FOR AN AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF
  • The Risks Of Litigation And The Need To Ensure The Availability Of Competent Counsel In High
  • I am a member of the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, court-appointed
  • According to plaintiffs, Raster responded in early 1997 by rushing its newest product, the
  • These actions each alleged violations of §§10and 20of the Securities Exchange Act of 1934,
  • revenues and net income for 3Q97 and 4Q97 had to be restated, and that these
  • When we undertook to act for plaintiffs in this matter, it was with the knowledge that we
  • PURSUANT TO NORTHERN DISTRICT LOCAL RULE 23-2

  • 13 . DECLARATION OF JOY ANN BULL

    EXTRACTED KEY WORDS
    EXPENSES
    ATTORNEYS
    FEES
    SUPPORT
    AWARD
    REIMBURSEMENT
    LLP
    SAN DIEGO
    JOY ANN
    JOY ANN BULL
    CALIFORNIA
    EXHIBIT
    LERACH LLP
    FIRM
    MILBERG WEISS BERSHAD
    WEISS BERSHAD HYNES
    UNITED STATES
    NORTHERN DISTRICT
    PLAINTIFFS
    LITIGATION
    FOREGOING
    LEAD COUNSEL
    PENALTY
    PERJURY
    WITNESS
    TESTIFY
    THERETO
    HERETO
    LAWS
    
    
    
    
    
    MILBERG WEISS BERSHAD
    
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    JOY ANN BULL (138009)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    JEFFREY W. LAWRENCE (166806)
    
    DAVID R. STICKNEY (188574)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    Lead Counsel for Plaintiffs
    
    
                             UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    In re RASTER GRAPHICS SECURITIES
    
    LITIGATION
    
    ___________________________________
    
    
    
    
    SNIPPETS:
  • Lead Counsel for Plaintiffs
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • LITIGATION
  • DECLARATION OF JOY ANN BULL IN SUPPORT
  • I am a member of the firm of Milberg Weiss Bershad Hynes & Lerach LLP.
  • I am submitting this Declaration in support of plaintiffs' application for an award of
  • I have personal knowledge of the matters set forth herein and, if called as a witness could
  • Exhibit 1: Declaration filed on behalf of Milberg Weiss Bershad Hynes & Lerach LLP in Support
  • I declare under penalty of perjury under the laws of the State of California that the
  • Executed this 11th day of February, 1999, at San Diego, California.
  • The identification and background of my firm and its partners is attached hereto as Exhibit A.

  • 14 . DECLARATION OF JEFFREY W LAWRENCE IN SUPPORT OF MOTION

    EXTRACTED KEY WORDS
    LEAD PLAINTIFFS
    EXHIBIT
    COUNSEL
    LLP
    DECLARATION
    APPOINTMENT
    MOTION
    SAN FRANCISCO
    CALIFORNIA
    MOVANTS
    JEFFREY
    RASTER GRAPHICS
    LAWRENCE
    PLAINTIFFS PURSUANT
    FIRM RéSUM
    LERACH LLP
    SECURITIES EXCHANGE ACT
    EXCHANGE ACT
    APPROVING
    ORDER GRANTING
    WEISS BERSHAD HYNES
    SQUIRE
    YORK
    KAPLAN
    UNITED STATES
    NORTHERN DISTRICT
    SUPPORT
    PURCHASES
    GRAPHICS STOCK
    
    
    
    
    
    MILBERG WEISS BERSHAD
    
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    JEFFREY W. LAWRENCE (166806)
    
    DAVID R. STICKNEY (188574)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    [Proposed] Lead Counsel for Plaintiffs
    
    
    KAUFMAN, MALCHMAN, KIRBY
    
    & SQUIRE, LLP
    
    JEFFREY H. SQUIRE
    
    IRA M. PRESS
    
    919 Third Avenue, 11th Floor
    
    New York, NY 10022
    
    Telephone: 212/371-6600
    
    
    
    SNIPPETS:
  • HYNES & LERACH LLP
  • JEFFREY W. LAWRENCE
  • JEFFREY H. SQUIRE
  • New York, NY 10022
  • KAPLAN, KILSHEIMER & FOX, LLP
  • Executive Committee for Plaintiffs
  • UNITED STATES DISTRICT COURT
  • RASTER GRAPHICS, INC., et al.,
  • DECLARATION OF JEFFREY W. LAWRENCE IN SUPPORT OF MOVANTS'
  • PLAINTIFFS' CHOICE OF COUNSEL
  • I am an attorney with the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, counsel for
  • I am duly admitted to practice in the State of California and before this Court.
  • I make this Declaration in support of Movants' Notice of Motion to Be Appointed Lead
  • Exhibit B: Movants' and Shareholders' Signed Certifications for their purchases of Raster
  • Movants' and Shareholders' Purchases,
  • Sales and Losses in Raster Graphics stock
  • Firm résumé of Milberg Weiss Bershad Hynes & Lerach LLP;
  • Sec. Litig., No. C-97-20059 RMW, Order Granting Plaintiffs' Motion for Appointment of Lead
  • Malin v. Ivax Corp., No. 96-1843-CIV-Moreno, Order Granting Malin/Ferretti/Pennsylvania
  • Executed this 4th day of May, 1998, at San Francisco, California.
  • PURSUANT TO NORTHERN DISTRICT LOCAL RULE 23-2

  • 15 . DECLARATION OF JEFFREY W LAWRENCE

    EXTRACTED KEY WORDS
    EXHIBIT
    LLP
    COUNSEL
    DECLARATION
    APPOINTMENT
    MOTION
    SAN FRANCISCO
    CALIFORNIA
    MOVANTS
    JEFFREY
    LAWRENCE
    RASTER GRAPHICS
    PLAINTIFFS PURSUANT
    FIRM RéSUM
    ORDER GRANTING
    LERACH LLP
    SECURITIES EXCHANGE ACT
    EXCHANGE ACT
    APPROVING
    MILBERG WEISS BERSHAD
    WEISS BERSHAD HYNES
    SQUIRE
    YORK
    KAPLAN
    UNITED STATES
    NORTHERN DISTRICT
    SUPPORT
    PURCHASES
    GRAPHICS STOCK
    
    
    
    
    
    MILBERG WEISS BERSHAD
    
    HYNES & LERACH LLP
    
    WILLIAM S. LERACH (68581)
    
    600 West Broadway, Suite 1800
    
    San Diego, CA 92101
    
    Telephone: 619/231-1058
    
    - and -
    
    REED R. KATHREIN (139304)
    
    JEFFREY W. LAWRENCE (166806)
    
    DAVID R. STICKNEY (188574)
    
    222 Kearny Street, 10th Floor
    
    San Francisco, CA 94108
    
    Telephone: 415/288-4545
    
    [Proposed] Lead Counsel for Plaintiffs
    
    
    KAUFMAN, MALCHMAN, KIRBY
    
    & SQUIRE, LLP
    
    JEFFREY H. SQUIRE
    
    IRA M. PRESS
    
    919 Third Avenue, 11th Floor
    
    New York, NY 10022
    
    Telephone: 212/371-6600
    
    
    
    SNIPPETS:
  • HYNES & LERACH LLP
  • JEFFREY W. LAWRENCE
  • JEFFREY H. SQUIRE
  • New York, NY 10022
  • KAPLAN, KILSHEIMER & FOX, LLP
  • DECLARATION OF JEFFREY W. LAWRENCE IN SUPPORT OF MOVANTS'
  • I am an attorney with the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, counsel for
  • I am duly admitted to practice in the State of California and before this Court.
  • I make this Declaration in support of Movants' Notice of Motion to Be Appointed Lead
  • Ginter, et al. v. Raster Graphics, et al., Case No. CV772401, Complaint (Santa Clara County
  • Exhibit B: Movants' and Shareholders' Signed Certifications for their purchases of Raster
  • Movants' and Shareholders' Purchases,
  • Sales and Losses in Raster Graphics stock
  • Firm résumé of Milberg Weiss Bershad Hynes & Lerach LLP;
  • Sec. Litig., No. C-97-20059 RMW, Order Granting Plaintiffs' Motion for Appointment of Lead
  • Malin v. Ivax Corp., No. 96-1843-CIV-Moreno, Order Granting Malin/Ferretti/Pennsylvania
  • Executed this 4th day of May, 1998, at San Francisco, California.
  • PURSUANT TO NORTHERN DISTRICT LOCAL RULE 23-2
  • That declarant is and was, at all times herein mentioned, a citizen of the United States and

  • 16 . CIVIL DOCKET FOR CASE 98-CV-1489

    EXTRACTED KEY WORDS
    MOTION
    ENTRY
    APPOINTED LEAD
    MMR
    COUNSEL
    CONSOLIDATE
    BENTLEY
    MOVANTS
    LEAD PLAS
    HENRY
    JUDGE FERN
    LCC
    DOCKET
    MARK
    MOORE
    CERTIFICATE
    PLAINTIFFS PURSUANT
    LOCAL RULE
    SMITH
    DECLARATION
    MEMBER
    GRANTING PLAINTIFFS
    WITHDRAWING
    STIPULATION
    MOOT
    DISTRICT
    ARMSTRONG
    MANAGEMENT
    SUPPORT
    
    
    
    
    
    Docket as of July 9, 1998 [retrieved 8/27/98]
    
    Proceedings include all events.
    CONSOL
    3:98cv1489        Moore, et al v. Raster Graphics, et al
    
                                                                         CONSOL
                                   U.S. District Court
          U.S. District for the Northern District of California (S.F.)
    
                       CIVIL DOCKET FOR CASE #: 98-CV-1489
    
    Moore, et al v. Raster Graphics, et al                               Filed:
    04/13/98
    Assigned to: Judge Fern M. Smith                      Jury demand: Plaintiff
    Demand: $0,000                                        Nature of Suit: 850
    Lead Docket: 98-CV-807                                Jurisdiction: Federal
    Question
    Dkt# in other court: None
    
    Cause: 15:78m(a) Securities Exchange Act
    
    [Party and Counsel List]
    
    
    4/13/98 1            COMPLAINT Summons(es) issued; Fee status pd entered on
                         4/13/98 in the amount of $150.00 ( Receipt No. 47245);
    jury
                         demand        [4:98-cv-01489] (mmr) [Entry date 04/20/98]
    
    4/13/98 2            ORDER RE COURT PROCEDURE and SCHEDULE by Judge Saundra
    B.
                         Armstrong: Proof of service to be filed by 5/28/98;
                         counsels' case management statement to be filed by
    8/3/98;
                         initial case management conference will be held at 3:00
                         p.m. on 8/12/98. (cc: all counsel) (mmr)
                         [Entry date 04/20/98] [3:98cv1489]
    
    4/20/98 3            NOTICE by Plaintiff Mark Moore, Plaintiff Henry Bentley
    of
                         related case(s) C98-0938MJJ [4:98-cv-01489] (mmr)
                         [Entry date 04/21/98] [3:98cv1489]
    
    
    SNIPPETS:
  • Docket as of July 9,
  • U.S. District for the Northern District of California
  • [Party and Counsel List]
  • Armstrong: Proof of service to be filed by 5/28/98;
  • initial case management conference will be held at 3:00
  • [Entry date 04/20/98]
  • related caseC98-0938MJJ (mmr)
  • Henry
  • Bentley of related case notice
  • 5/4/98 9 MOTION before Judge Saundra B. Armstrong by Plaintiff Mark
  • Plaintiff Henry Bentley to be appointed lead
  • 5/4/98 11 CERTIFICATE by Plaintiffs pursuant to Local Rule 3-7
  • in support of motion to consolidate cases,
  • for movants to be appointed lead plaintiff,
  • motion for appointment of lead plas' choice of counsel
  • 5/11/98 17 DECLARATION by Nicole Lavallee on behalf of Plaintiff Mark
  • Moore, Plaintiff Henry Bentley re motion to consolidate
  • 5/15/98 20 ORDER by Judge Fern M. Smith: Relating cases;
  • 5/18/98 20 ORDER by Judge Fern M. Smith GRANTING plaintiffs' related
  • withdrawing motion to be appointed lead plaintiffs.
  • 6/5/98 23 STIPULATION and ORDER by Judge Fern M. Smith:
  • CONSOLIDATING cases 3:98-cv-807 with member cases
  • lead plas' choice of counsel MOOT.

  • 17 . CIVIL DOCKET FOR CASE 98-CV-807

    EXTRACTED KEY WORDS
    LCC
    ENTRY
    MOTION
    LEAD PLAINTIFFS
    APPOINTMENT
    COUNSEL
    CERTIFICATE
    COMPLAINTS
    CONSOLIDATION
    MOVANTS
    EXECUTIVE COMMITTEE
    JUDGE FERN
    SMITH
    SECURITIES EXCHANGE
    SECURITIES EXCHANGE ACT
    DISMISS PLAINTIFFS
    SUPPORT
    STIPULATION
    DEFENDANTS
    DOCKET
    DECLARATION
    COURT
    SCHEDULE
    MANAGEMENT
    EXTEND
    NOTICE SET
    MEMORANDUM
    AUTHORITIES
    NICOLE LAVALLEE
    
    
    
    
    
    Docket as of June 15, 1998 [retrieved 7/13/98]
    
    Proceedings include all events.                                                M-ADR
    CONSOL
    3:98cv807         Grimm, et al v. Raster Graphics, et al
    
                                                                         M-ADR
    CONSOL
                                   U.S. District Court
         U.S. District for the Northern District of California (S.F.)
    
                       CIVIL DOCKET FOR CASE #: 98-CV-807
    
    Grimm, et al v. Raster Graphics, et al                               Filed:
    03/02/98
    Assigned to: Judge Fern M. Smith                      Jury demand: Plaintiff
    Demand: $0,000                                        Nature of Suit: 850
    Lead Docket: None                                     Jurisdiction: Federal
    Question
    Dkt# in other court: None
    
    Cause: 15:78m(a) Securities Exchange Act
    
    [Party and Counsel List]
    
    
    3/2/98       1       COMPLAINT Summons(es) issued; Fee status pd entered on
                         3/2/98 in the amount of $150.00 (Receipt No. 130557);
    jury
                         demand        [3:98-cv-00807] (lcc) [Entry date 03/03/98]
                         [3:98cv807]
    
    3/2/98       2       ORDER RE COURT PROCEDURE and SCHEDULE (ADR Multi-
    Option) by
                         Judge Fern M. Smith: Proof of service to be filed by
                         4/16/98; counsels' case management statement to be
    filed by
                         7/7/98; initial case management conference will be held
                         8:30 7/17/98. (cc: all counsel)          [3:98-cv-00807]
    (lcc)
                         [Entry date 03/03/98] [3:98cv807]
    
    3/13/98 3            NOTICE by Plaintiffs of related case(s) 3:98-cv-938 MMJ
                         [3:98-cv-00807] (lcc) [Entry date 03/16/98] [3:98cv807]
    
    SNIPPETS:
  • Docket as of June 15,
  • Dkt# in other court: None
  • Cause: 15:78mSecurities Exchange Act
  • [Party and Counsel List]
  • 3/2/98 2 ORDER RE COURT PROCEDURE and SCHEDULE by
  • counsels' case management statement to be filed by
  • [Entry date 03/03/98]
  • extend time to respond to complaint
  • 4/3/98 7 STIPULATION and ORDER by Judge Fern M. Smith:
  • defendants' time to answer to the complaint by 5/21/98.
  • 5/1/98 8 NOTICE OF MOTION AND MOTION before Judge Fern M. Smith by
  • Plaintiffs for consolidation and for movants to be
  • appointed lead plaintiff and for appointment of lead
  • support of motion for consolidation,
  • appointment of lead plaintiffs' choice of counsel
  • 5/1/98 11 CERTIFICATE by Plaintiffs of Nicole Lavallee
  • choice of counsel, memorandum, declaration
  • 5/4/98 15 MOTION by Executive Committee for Plaintiffs
  • AUTHORITIES before Judge Fern M. Smith by defendants to
  • dismiss plaintiffs' complaints with Notice set for
  • motion to dismiss plaintiffs' complaints

  • 18 . CIVIL DOCKET FOR CASE 98-CV-938

    EXTRACTED KEY WORDS
    ENTRY
    LCC
    MOTION
    LEAD PLAINTIFFS
    COUNSEL
    APPOINTED LEAD PLAINTIFF
    BDB
    PLAINTIFF ERIK DOWGOS
    PLAINTIFF ERIK
    CERTIFICATE
    COMPLAINTS
    EXECUTIVE COMMITTEE
    CONSOLIDATION
    SECURITIES EXCHANGE
    JUDGE FERN
    SMITH
    SECURITIES EXCHANGE ACT
    DEFENDANTS
    MOVANTS
    SUPPORT
    DISMISS PLAINTIFFS
    JUDICIAL NOTICE
    DOCKET
    DISTRICT
    SECURITIES CLASS ACTION
    MANAGEMENT
    STIPULATION
    MEMORANDUM
    DECLARATION
    
    
    
    
    
    Docket as of June 8, 1998 [retrieved 7/13/98]
    
    Proceedings include all events.
    CONSOL
    3:98cv938         Dowgos v. Raster Graphics Inc, et al
    
                                                                     CONSOL
                               U.S. District Court
         U.S. District for the Northern District of California (S.F.)
    
                       CIVIL DOCKET FOR CASE #: 98-CV-938
    
    Dowgos v. Raster Graphics Inc, et al                             Filed:
    03/10/98
    Assigned to: Judge Fern M. Smith                  Jury demand: Plaintiff
    Demand: $0,000                                    Nature of Suit: 850
    Lead Docket: 98-CV-807                            Jurisdiction: Federal
    Question
    Dkt# in other court: None
    
    Cause: 15:78m(a) Securities Exchange Act
    
    [Party and Counsel List]
    
    
    3/10/98 1            COMPLAINT; Summons(es) issued; Fee status pd entered on
                         3/10/98 in the amount of $ 150.00 (Receipt No. 130645);
                         jury demand    [3:98-cv-00938] (bdb) [3:98cv938]
    
    3/10/98 2            PROOF OF SERVICE by Plaintiff Erik Dowgos of complaint
                         [1-1] upon Securities Class Action Clearinghouse
                         [3:98-cv-00938] (bdb) [3:98cv938]
    
    3/10/98 3            INITIAL CASE MANAGEMENT SCHEDULING ORDER by Judge
    Martin J.
                         Jenkins: Proof of service to be filed by 4/24/98;
    counsels'
                         case management statement to be filed by 7/6/98;
    initial
                         case management conference will be held at 2:00 on
    7/14/98
                         (cc: all counsel) (bdb) [3:98cv938]
    
    3/13/98 4            NOTICE by Plaintiff Erik Dowgos of related case
    
    SNIPPETS:
  • Docket as of June 8,
  • U.S. District for the Northern District of California
  • Cause: 15:78mSecurities Exchange Act
  • [Party and Counsel List]
  • jury demand (bdb)
  • upon Securities Class Action Clearinghouse
  • case management statement to be filed by 7/6/98;
  • 3:98-cv-807-FMS [Entry date
  • 4/9/98 11 STIPULATION and ORDER by Judge Fern M. Smith:
  • defendants' time to answer to the complaint by 5/21/98.
  • 5/1/98 12 NOTICE OF MOTION AND MOTION before Judge Fern M. Smith by
  • Plaintiff Erik Dowgos for consolidation and for movants
  • lead plaintiffs' choice of counsel with Notice set for
  • 5/1/98 13 MEMORANDUM OF POINTS AND AUTHORITIES by Plaintiff Erik
  • motion for movants to be appointed lead plaintiff
  • 5/1/98 14 DECLARATION by Nicole Lavallee on behalf of Plaintiff Erik
  • Dowgos in support of motion for consolidation,
  • 5/1/98 15 CERTIFICATE by Plaintiff Erik Dowgos of Nicole Lavallee
  • 5/4/98 19 MOTION by Executive Committee for Plaintiffs
  • motion to dismiss plaintiffs' complaints
  • plaintiffs' complaints, request for judicial notice

  • 19 . MEMO IN SUPPORT OF THE MOTION FOR CONSOLIDATION

    EXTRACTED KEY WORDS
    LEAD PLAINTIFFS
    CLASS MEMBERS
    EXCHANGE ACT
    LEAD COUNSEL
    SECURITIES FRAUD CLASS
    MOTION
    SERVE
    GRIMM
    PURSUANT
    MOVANTS
    LAVALLEE
    BERMAN
    DEVALERIO
    CONSOLIDATE
    COURT
    APPOINTMENT
    REPRESENTING
    RASTER COMMON STOCK
    DISSEMINATING
    FEDERAL RULES
    ADEQUATE PLAINTIFF
    TRADING PRICE
    CIVIL PROCEDURE
    TYPICALITY REQUIREMENT
    NICOLE LAVALLEE
    PLAINTIFFS DONALD
    CYNTHIA GRIMM
    ERIK DOWGOS
    QUALIFICATION
    
    
    
    
    
    Joseph J. Tabacco, Jr. (75484)
    Nicole Lavallee (165755)
    BERMAN, DeVALERIO, PEASE & TABACCO
    425 California Street, Suite 2025
    San Francisco, CA 94104
    Telephone: (415) 433-3200
    
    Attorneys for Plaintiffs
    
    [Other counsel appear on signature page]
    
                                          UNITED STATES DISTRICT COURT
    
                                   NORTHERN DISTRICT OF CALIFORNIA
    
    --------------------------------------------------------  x
                                                              :  Case No. C-98-0807 FMS
    DONALD and CYNTHIA GRIMM, on behalf  :  [filed May 1, 1998]
    of themselves and all others                              :
    similarly situated,                                       :  CLASS ACTION
                          Plaintiffs,                         : :  MEMORANDUM OF POINTS AND
                                                                      AUTHORITIES IN SUPPORT
               - v. -                                         : :  OF THE MOTION FOR
    RASTER GRAPHICS, INC. and RAK                             :  CONSOLIDATION,
    KUMAR,                                                    :  DESIGNATION OF LEAD
                                                              :  PLAINTIFFS AND FOR
                          Defendants.                         :  APPOINTMENT OF LEAD
                                                              :  PLAINTIFFS' CHOICE OF
                                                              :  COUNSEL
                                                              :  Date: June 5, 1998
                                                              :  Time: 10:00 a.m.
                                                              :  Courtroom: 6, 17th Floor
                                                              : :
    --------------------------------------------------------  x
                                                              :
    ERIK DOWGOS, on behalf of himself                         :  Case No. C-98-0938 FMS
    and all others similarly situated,                        :  CLASS ACTION
                          Plaintiff,                          : :
               - v. -                                         : :
    RASTER GRAPHICS, INC. and RAK                             :
    
    
    
    
    
    SNIPPETS:
  • Attorneys for Plaintiffs
  • DONALD and CYNTHIA GRIMM, on behalf:
  • Plaintiffs Donald and Cynthia Grimm, Erik Dowgos and Henry Bentley, in the aboverelated
  • Whether the Movants should be appointed to serve as lead plaintiffs in this action.
  • Whether the Movants' choice of counsel should be appointed as lead counsel.
  • The Movants designate Berman, DeValerio, Pease & Tabacco, Goodkind Labaton Rudoff & Sucharow
  • There are presently pending before the Court three related securities class actions filed
  • Plaintiffs in each of these actions allege violations of Sections 10and 20of the Exchange 3, 1998.
  • See Exhibit B to the Declaration of Nicole Lavallee.
  • Rule 42of the Federal Rules of Civil Procedure provides that actions involving common
  • each of the Actions involves identical claims that the defendants named therein violated
  • The PSLRA provides for the appointment of lead plaintiffs in "each private action arising
  • "the court shall consider any motion made by a purported class member in response to the
  • In determining the "most adequate plaintiff," the Exchange Act provides:
  • Although the PSLRA is silent as to the manner in which the "largest financial interest"
  • the difference between the purchase or sale price paid or received, as appropriate, by the
  • The typicality requirement of Rule 23is satisfied here because "he purpose of the typicality
  • In addition, 78u-4directs the Court to consider any motions by purported class members to ing motionto consolidate

  • 20 . DECLARATION OF NICOLE LAVALLEE

    EXTRACTED KEY WORDS
    MOVANTS
    EXHIBIT
    BERMAN
    DEVALERIO
    PURCHASES
    SECURITIES
    DAMAGES
    FIRM
    CLASS PERIOD
    CALCULATIONS
    TABACCO
    HERETO
    RASTER SECURITIES
    PRICE
    PEASE
    CYNTHIA GRIMM
    DECLARE
    LEAD PLAINTIFFS
    PURSUANT
    SHARES
    DONALD
    LAW
    CALIFORNIA
    COUNSEL
    APPOINTMENT
    CERTIFICATION
    BUSINESS WIRE
    ACCORDANCE
    SECURITIES FRAUD
    
    
    
    
    
    Joseph J. Tabacco, Jr. (75484)
    Nicole Lavallee (165755)
    BERMAN, DeVALERIO, PEASE & TABACCO
    425 California Street, Suite 2025
    San Francisco, CA 94104
    Telephone: (415) 433-3200
    
    Attorneys for Plaintiffs
    
                                          UNITED STATES DISTRICT COURT
    
                                   NORTHERN DISTRICT OF CALIFORNIA
    
    --------------------------------------------------------  x
                                                              :  Case No. C-98-0807 FMS
    DONALD and CYNTHIA GRIMM, on behalf  :  [filed May 1, 1998]
    of themselves and all others                              :
    similarly situated,                                       :  CLASS ACTION
                          Plaintiffs,                         : :  DECLARATION OF NICOLE
                                                                      LAVALLEE IN SUPPORT OF
               - v. -                                         : :  MOTION FOR CONSOLIDATION
    RASTER GRAPHICS, INC. and RAK                             :  AND FOR MOVANTS TO BE
    KUMAR,                                                    :  APPOINTED LEAD
                                                              :  PLAINTIFFS AND FOR THE
                          Defendants.                         :  APPROVAL OF LEAD
                                                              :  PLAINTIFFS' CHOICE OF
                                                              :  COUNSEL
                                                              :  Date: June 5, 1998
                                                              :  Time: 10:00 a.m.
                                                              :  Courtroom: 6, 17th Floor
                                                              : :
    --------------------------------------------------------  x
                                                              :
    ERIK DOWGOS, on behalf of himself                         :  Case No. C-98-0938 FMS
    and all others similarly situated,                        :  CLASS ACTION
                          Plaintiff,                          : :
               - v. -                                         : :
    RASTER GRAPHICS, INC. and RAK                             :
    KUMAR,                                                    : :
    
    
    
    
    
    
    SNIPPETS:
  • BERMAN, DeVALERIO, PEASE & TABACCO
  • I am an attorney at law, admitted to practice in the State of California.
  • I am an associate with the firm Berman, DeValerio, Pease & Tabacco, one of the counsel for
  • I make this declaration in support of Motion of Donald and Cynthia Grimm, Erik Dowgos and
  • A copy of each Movants' certification is attached hereto as Exhibit A.
  • Plaintiffs in the Moore action caused notice of the action to be disseminated on April 13,
  • Copies of the Notices Of Pendency which were published on March 3, 1998 and April 13, 1998 on
  • Pursuant to calculations made in accordance with 15 U.S.C. § 78u-4for calculating plaintiff
  • A chart setting forth the Movant's losses resulting from purchases of Raster securities
  • For Raster securities purchased and sold during the Class Period, the damages are the
  • For Raster securities purchased during the class period and held through the close of the
  • damages are calculated as follows: [price per share purchased times number of shares] minus.
  • My firm, Berman DeValerio, as well as the firms Goodkind Labaton Rudoff & Sucharow LLP, and
  • I declare under penalty of perjury pursuant to the laws of the United States that the

  • 21 . COMPLAINT B 3

    EXTRACTED KEY WORDS
    PLAINTIFF
    CALIFORNIA
    DEFENDANTS
    SECURITIES
    CLASS PERIOD
    MISLEADING
    REVENUE
    MEMBERS
    REPORT
    COMMON STOCK
    MATERIALLY FALSE
    COURT
    ACTS
    MATERIAL FACTS
    KUMAR
    MARKET PRICE
    VIOLATIONS
    DISSEMINATION
    NET INCOME
    CLASS ACTION
    CHIEF FINANCIAL OFFICER
    FINANCIAL CONDITION
    FINANCIAL REPORTING
    ENTERPRISE
    SUPERIOR COURT
    RASTER GRAPHICS
    INTER ALIA
    PUBLIC DOCUMENTS
    ANALYST REPORTS
    
    
    
    
    
    Joseph J. Tabacco, Jr. (75484)
    Christopher T. Heffelfinger (118058)
    BERMAN, DEVALERIO, PEASE & TABACCO
    425 California Street, Suite 2025
    San Francisco, CA 94104
    Telephone: (415) 433-3200
    
    [Additional Counsel on Signature Page]
    
                          SUPERIOR COURT OF THE STATE OF CALIFORNIA
    
                                          COUNTY OF SANTA CLARA
    
    LAWRENCE BESHEAR, on behalf of  )
    himself and all others similarly situated,  )  No. [CV 773294]
                                                  )  [filed Apr. 14, 1998]
                          Plaintiff,              )  CLASS ACTION
               - v. -                             ) )  CLASS ACTION COMPLAINT FOR
    RASTER GRAPHICS, INC. and RAK  )  VIOLATIONS OF CAL. CORP.
    KUMAR,                                        ) )  CODE §§ 25400 and 25500
                          Defendants.             )  Jury Trial Demanded
                                                  )
    _________________________________ ) )
    Plaintiff, individually and on behalf of all other persons similarly situated, by his
    undersigned attorneys, for his complaint, allege upon personal knowledge as to himself
    and his own acts, and upon information and belief as to all other matters, based upon,
    inter alia, the investigation made by and through his attorneys, which investigation
    included, among other things, a review of the public documents, Securities and Exchange
    Commission ("SEC") filings, analyst reports, news releases and media reports of Raster
    Graphics, Inc. ("Raster" or the "Company"), as follows:
    
                                         JURISDICTION AND VENUE
    1. The jurisdiction of this Court is based on the California Constitution, Article VI, § 10,
    because this case is a cause not given by statute to other trial courts. The claims asserted
    herein arise under Cal. Corp. Code §§ 25400 and 25500.
    
    2. Many of the acts alleged herein, including the dissemination to the investing public of
    the misleading statements at issue, occurred in substantial part in the State of California
    and further, the Company is headquartered in San Jose, California, and the individual
    defendant is a citizen of the State of California. Each of the false and misleading
    statements made by defendants were made in and from California.
    
    
    
    
    SNIPPETS:
  • SUPERIOR COURT OF THE STATE OF CALIFORNIA
  • RASTER GRAPHICS, INC. and RAK) VIOLATIONS OF CAL.
  • Plaintiff, individually and on behalf of all other persons similarly situated, by his reports of Raster Graphics, Inc., as follows:
  • The jurisdiction of this Court is based on the California Constitution, Article VI, § 10,
  • Many of the acts alleged herein, including the dissemination to the investing public of the
  • Each of the false and misleading statements made by defendants were made in and from
  • Plaintiff purchased 1,000 shares of Raster common stock on January 29, 1998, at a price of
  • Defendant Rak Kumar is and was at all relevant times Raster's Chairman,
  • Plaintiff brings this action as a class action pursuant to California Code of Civil Procedure
  • The members of the Class are located in California and geographically diverse areas and are
  • During the Class Period, Raster was followed by securities analysts and the stock was traded
  • Whether the challenged public statements disseminated to the investing public and to the
  • Defendants boasted in the October 20 press release that this marked Raster's fifteenth
  • Thereafter, on February 3, 1998, Raster issued a press release announcing that it expected to
  • In the February 3 press release, Raster misleadingly announced that the 4Q financial results
  • As stated in their April 3 press release, in February 1998, Remo Canesse became Raster's would report a 1997 year-end loss "substantially in excess" of the $1.2 million loss reported on
  • The disclosures relating to the Company's restated financial results for its 1997 third and
  • Said statements and omissions were materially false and misleading in that they failed to
  • The principle that financial reporting should provide information that is useful to present
  • The principle that financial reporting should provide information about how management of an
  • Defendants' false representations and material omissions were made with scienter in that: knowingly and substantially participated in the preparation and/or issuance or dissemination of

  • 22 . COMPLAINT B 2

    EXTRACTED KEY WORDS
    PLAINTIFFS
    DEFENDANTS
    ACTS
    SECURITIES
    EXCHANGE ACT
    CLASS PERIOD
    REPORTS
    REVENUE
    MEMBERS
    MISLEADING
    COMMON STOCK
    ATTORNEYS
    COMPLAINT
    DEFENDANT KUMAR
    MATERIAL FACTS
    MATERIALLY FALSE
    REPRESENTATIONS
    MISREPRESENTATIONS
    NET INCOME
    CHIEF FINANCIAL OFFICER
    CLASS ACTION
    FINANCIAL REPORTING
    DISCLOSE MATERIAL FACTS
    INTER ALIA
    PUBLIC DOCUMENTS
    DOUBTFUL ACCOUNTS
    FASB STATEMENT
    ENTERPRISE
    FINANCIAL PERFORMANCE
    
    
    
    
    
    Joseph J. Tabacco, Jr. (75485)
    Nicole Lavallee (165755)
    BERMAN, DEVALERIO, PEASE & TABACCO
    425 California Street, Suite 2025
    San Francisco, CA 94104
    Telephone: (415) 433-3200
    
    [Additional counsel appear on signature page]
    
    Attorneys for Plaintiffs
    
                                          UNITED STATES DISTRICT COURT
    
                                   NORTHERN DISTRICT OF CALIFORNIA
    
    MARK MOORE and HENRY BENTLEY,  )
    on behalf of themselves and all others              )  Civil Action No. [C-98-1489 SBA]
    similarly situated,                                 )  [filed Apr. 13, 1998]
                                                        )
                          Plaintiffs,                   )  SECURITIES FRAUD CLASS
                                                                ACTION COMPLAINT
               v.                                       ) )  Jury Trial Demanded
    RASTER GRAPHICS, INC. and RAK                       )
    KUMAR,                                              ) )
                          Defendants.                   )
    ___________________________________ ) )
    Plaintiffs, individually and on behalf of all other persons similarly situated, by their
    undersigned attorneys, for their complaint, allege upon personal knowledge as to
    themselves and their own acts, and upon information and belief as to all other matters,
    based upon, inter alia, the investigation made by and through their attorneys, which
    investigation included, among other things, a review of the public documents, Securities
    and Exchange Commission ("SEC") filings, analyst reports, news releases and media
    reports of Raster Graphics, Inc. ("Raster" or the "Company"), as follows:
    
                                          JURISDICTION AND VENUE
    1. The claims alleged herein arise under Sections 10(b) and 20 of the Securities Exchange
    Act of 1934 (the "Exchange Act"), 15 U.S.C. §§ 78j(b) and 78t, and Rule 10b-5, 17
    C.F.R. § 240.10b-5 promulgated thereunder.
    
    2. The jurisdiction of this Court is based on Section 27 of the Exchange Act, 15 U.S.C.
    78aa and 28 U.S.C. § 1331 (federal question jurisdiction).
    
    
    
    
    SNIPPETS:
  • Attorneys for Plaintiffs
  • Plaintiffs, individually and on behalf of all other persons similarly situated, by their es and media reports of Raster Graphics, Inc., as follows:
  • The claims alleged herein arise under Sections 10and 20 of the Securities Exchange Act of
  • Many of the acts alleged herein, including the dissemination to the investing public of the
  • In connection with the acts, transactions and conduct alleged herein, defendants used the
  • Plaintiffs purchased shares of Raster common stock during the Class Period, as set forth in
  • CLASS ACTION ALLEGATIONS
  • The members of the Class are located in geographically diverse areas and are so numerous that
  • Whether defendants acted knowingly or recklessly in making materially false and misleading
  • defendants made public misrepresentations or failed to disclose material facts regarding
  • plaintiffs and the members of the Class purchased their Raster stock between the time
  • The statutory safe harbor provided for forward-looking statements under certain circumstances
  • In addition, to the extent certain of the statements alleged to be false may be characterized erially from those in the purportedly forward-looking statements.
  • In the October 20 press release, defendants reported a 31% increase in net revenue to
  • Defendants boasted in the October 20 press release that this marked Raster's fifteenth
  • On or about November 14, 1997, Raster filed its Form 10-Q for the quarter ended September 30,
  • In addition, Raster announced that it expected to recognize $1 million of inventory
  • As stated in their April 3 press release, in February 1998, Remo Canesse became Raster's would report a 1997 year-end loss "substantially in excess" of the $1.2 million loss reported on
  • Said statements and omissions were materially false and misleading in that they failed to
  • The principle that financial reporting should provide information that is useful to present
  • The principle that financial reporting should provide information about how management of an
  • The principle that financial reporting should provide information about an enterprise's

  • 23 . COMPLAINT B 1

    EXTRACTED KEY WORDS
    PLAINTIFF
    ACTS
    DEFENDANTS
    SECURITIES
    EXCHANGE ACT
    CLASS PERIOD
    REPORTS
    MEMBERS
    MATERIALLY FALSE
    MISLEADING
    COMPLAINT
    DEFENDANT KUMAR
    MATERIAL FACTS
    COMMON STOCK
    REPRESENTATIONS
    MISREPRESENTATIONS
    DOUBTFUL ACCOUNTS
    CHIEF FINANCIAL OFFICER
    DISCLOSE MATERIAL FACTS
    FINANCIAL REPORTING
    FASB STATEMENT
    ENTERPRISE
    INTER ALIA
    PUBLIC DOCUMENTS
    NET INCOME
    MANAGEMENT
    FINANCIAL PERFORMANCE
    ACCEPTED ACCOUNTING PRINCIPLES
    CONSECUTIVE EARNINGS GROWTH
    
    
    
    
    
    Joseph J. Tabacco, Jr. (75484)
    Nicole Lavallee (165755)
    BERMAN, DEVALERIO, PEASE & TABACCO
    425 California Street, Suite 2025
    San Francisco, CA 94104-2205
    (415) 433-3200
    
    COHEN, MILSTEIN, HAUSFELD & TOLL, P.L.L.C.
    Steven J. Toll
    999 Third Avenue, Suite 3600
    Seattle, WA 98104-4001
    (206) 5521-0080
    
                                         UNITED STATES DISTRICT COURT
    
                                   NORTHERN DISTRICT OF CALIFORNIA
    
    ___________________________________
                                                       )
    ERIK DOWGOS, on behalf of himself and  )  Civil Action No. [C-98-00938 MJJ]
    all others similarly situated,                     )  [filed Mar. 10, 1998]
                          Plaintiff,                   ) )  SECURITIES FRAUD
               vs.                                     )  CLASS ACTION
    RASTER GRAPHICS, INC. and RAK                      )  COMPLAINT
    KUMAR,                                             ) )  Jury Trial Demanded
                          Defendants.                  )
    ___________________________________ ) )
    Plaintiff, individually and on behalf of all other persons similarly situated, by his
    undersigned attorneys, for his complaint, alleges upon personal knowledge as to himself
    and his own acts, and upon information and belief as to all other matters, based upon,
    inter alia, the investigation made by and through his attorneys, which investigation
    included, among other things, a review of the public documents, Securities and Exchange
    Commission ("SEC") filings, analyst reports, news releases and media reports of Raster
    Graphics, Inc. ("Raster" or the "Company"), as follows:
    
                                         JURISDICTION AND VENUE
    1. The claims alleged herein arise under Sections 10(b) and 20 of the Securities Exchange
    Act of 1934 (the "Exchange Act"), 15 U.S.C. §§ 78j(b) and 78t, and Rule 10b-5, 17
    C.F.R. § 240.10b-5 promulgated thereunder.
    
    
    
    
    
    
    SNIPPETS:
  • Plaintiff, individually and on behalf of all other persons similarly situated, by his a reports of Raster Graphics, Inc., as follows:
  • The claims alleged herein arise under Sections 10and 20 of the Securities Exchange Act of
  • Many of the acts alleged herein, including the dissemination to the investing public of the
  • In connection with the acts, transactions and conduct alleged herein, defendants used the
  • Plaintiff purchased shares of Raster common stock during the Class Period, as set forth in
  • The members of the Class are located in geographically diverse areas and are so numerous that
  • Whether defendants acted knowingly or recklessly in making materially false and misleading
  • Defendants made public misrepresentations or failed to disclose material facts regarding
  • Plaintiff and the members of the Class purchased their Raster stock between the time
  • The statutory safe harbor provisions for forward-looking statements under certain
  • In addition, to the extent certain of the statements alleged to be false may be characterized erially from those in the purportedly forward-looking statements.
  • On or about November 14, 1997, Raster filed its Form 10-Q for the quarter ended September 30,
  • In the 3Q 10-Q, Raster indicated that its $5 million bank line of credit that was secured by
  • In the 3Q 10Q, Raster reported accounts receivables, net of allowance for doubtful accounts
  • In the February 3 press release, Raster announced that the 4Q financial results would show a
  • Thus, Raster acknowledged that, consistant with generally accepted accounting principles, it
  • In knowing or reckless disregard of the truth and/or as part of their ongoing efforts to
  • Said statements and omissions were materially false and misleading in that they failed to
  • The principle that financial reporting should provide information that is useful to present
  • The principle that financial reporting should provide information about how management of an
  • The principle that financial reporting should provide information about an enterprise's
  • The Company's Chief Financial Officer resigned on the date defendants released the Company's

  • 24 . MOTION TO DISMISS COMPLAINTS

    EXTRACTED KEY WORDS
    FACTS
    DEFENDANTS
    SCIENTER
    RASTER GRAPHICS
    REFORM ACT
    ALLEGE
    STANDARD
    INFERENCE
    PLEAD
    SECURITIES
    MOTION
    ALLEGED MISSTATEMENTS
    PLAINTIFFS FAIL
    SUPP
    RESTATEMENT
    ALLEGE FACTS SUFFICIENT
    ALLEGATIONS
    TRUTH-ON-THE-MARKET DEFENSE
    FACTS GIVING RISE
    ACCOUNTING
    FINANCIAL STATEMENTS
    SECURITIES EXCHANGE ACT
    TRANSFER BINDER
    CCH
    SILICON GRAPHICS
    DOUBTFUL ACCOUNTS
    PARTICULARITY
    INACCURACIES
    JUDICIAL NOTICE
    
    
    
    
    
    DAVID M. FURBUSH (State Bar No. 83447)
    MEREDITH N. LANDY (State Bar No. 136489)
    BROBECK, PHLEGER & HARRISON LLP
    Two Embarcadero Place
    2200 Geng Road
    Palo Alto, CA 94303
    Telephone: (650) 424-0160
    
    Attorneys for Defendants
    Raster Graphics, Inc. and Rak Kumar
    
                                          UNITED STATES DISTRICT COURT
    
                                   NORTHERN DISTRICT OF CALIFORNIA
    
                                             SAN FRANCISCO DIVISION
    
    DONALD and CYNTHIA GRIMM, on                         )   Case No. C-98-0807 FMS
    behalf of themselves and all others similarly  ) (filed March 2, 1998)
    situated,                                            )) CLASS ACTION
                          Plaintiffs,                    ) NOTICE OF MOTION AND MOTION
                                                              TO DISMISS PLAINTIFFS'
               v.                                        )) COMPLAINTS; MEMORANDUM OF
    RASTER GRAPHICS, INC. and RAK                        ) POINTS AND AUTHORITIES IN
    KUMAR,                                               ) SUPPORT THEREOF [Fed R. Civ. Proc.
                                                         ) 12(b)(6), 9(B); Private Securities
                          Defendants.                    ) Litigation Reform Act of 1995]
    _____________________________________ )) Date: July 31, 1998
                                                         ) Time: 10:00 a.m.
                                                         ) Place: Courtroom of the
    ERIK DOWGOS, on behalf of himself and   )            Honorable Fern M. Smith
    all others similarly situated,                       )
                          Plaintiffs,                    ) Case No. C-98-00938 FMS
                                                         ) (filed March 10, 1998)
               v.                                        )) CLASS ACTION
    RASTER GRAPHICS, INC. and RAK                        )
    KUMAR,                                               )
                          Defendants.                    )
    _____________________________________ ))))
    
    
    
    
    
    
    SNIPPETS:
  • Attorneys for Defendants
  • Raster Graphics, Inc. and Rak Kumar
  • REFORM ACT AND LEGAL STANDARD FOR A MOTION TO DISMISS
  • PLAINTIFFS DO NOT ALLEGE FACTS SUFFICIENT TO STATE A CLAIM FOR RELIEF UNDER THE SECURITIES
  • Plaintiffs Fail To Plead That Any of the Alleged Misstatements Were False When Made
  • The Third Quarter 10-Q Plainly Disclosed That It Involved Estimates Which Were Subject To
  • Plaintiffs' Generic Motives Cannot Satisfy The Scienter Standard Even
  • ALLEGATIONS BASED ON INFORMATION AND BELIEF FAIL TO SATISFY THE REQUIREMENTS OF THE REFORM ACT
  • Glickman v. Alexander & Alexander Services, Inc., [1995-1996 Transfer Binder] Fed.
  • Sec. L. Rep. (CCH) ¶ 99,101 (S.D.N.Y.
  • F. Supp.
  • In re Silicon Graphics, Inc.
  • NOTICE OF MOTION AND MOTION TO PLAINTIFFS DONALD AND CYNTHIA GRIMM AND ERIC DOWGOS AND THEIR
  • Raster also announced that it had experienced greater exposure in accounts receivable than it
  • The core theory underlying plaintiffs' complaint is that defendants purposely misstated
  • Comprised of conclusory and boilerplate allegations, the complaint is fatally devoid of the
  • Notably absent are any specific allegations which demonstrate that any of the alleged
  • With respect to each alleged act or omission, plaintiffs must "state with particularity facts
  • Plaintiffs attempt to transform this revision to the reported financial statements into
  • And as Judge Patel of this court recently held in dismissing, with prejudice, a complaint
  • March 5, 1998), attached as Exhibit A to the Request for Judicial Notice filed concurrently

  • 25 . COMPLAINT A

    EXTRACTED KEY WORDS
    PLAINTIFFS
    ACTS
    DEFENDANTS
    SECURITIES
    EXCHANGE ACT
    CLASS PERIOD
    REPORTS
    MEMBERS
    MATERIALLY FALSE
    MISLEADING
    COMPLAINT
    DEFENDANT KUMAR
    MATERIAL FACTS
    COMMON STOCK
    REPRESENTATIONS
    MISREPRESENTATIONS
    CLASS ACTION
    DOUBTFUL ACCOUNTS
    CHIEF FINANCIAL OFFICER
    DISCLOSE MATERIAL FACTS
    FINANCIAL REPORTING
    FASB STATEMENT
    ENTERPRISE
    INTER ALIA
    PUBLIC DOCUMENTS
    NET INCOME
    FINANCIAL PERFORMANCE
    ACCEPTED ACCOUNTING PRINCIPLES
    CONSECUTIVE EARNINGS GROWTH
    
    
    
    
    
    Joseph J. Tabacco, Jr. (75484)
    Nicole Lavallee (165755)
    BERMAN, DEVALERIO, PEASE & TABACCO
    425 California Street, Suite 2025
    San Francisco, CA 94104
    (415) 433-3200
    
    GOODKIND LABATON RUDOFF & SUCHAROW LLP
    Jonathan M. Plasse
    Emily C. Komlossy
    100 Park Avenue
    New York, NY 10017
    (212) 907-0700
    
    (Additional Counsel on Signature Page)
    
                                          UNITED STATES DISTRICT COURT
    
                                   NORTHERN DISTRICT OF CALIFORNIA
    
    ----------------------------------------------------------------- x
                                                                         :
    DONALD and CYNTHIA GRIMM, on behalf of                               :
    themselves and all others similarly situated,                        :  Civil Action No. [C-98-0807
                          Plaintiffs,                                    :  [filed Mar. 2, 1998]
                                                                         :
               - v. -                                                    :  SECURITIES FRAUD