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COMMTOUCH SOFTWARE CLASS ACTION LITIGATION Click to find out why . . .



Keywords & Phrases
CaseNo: CSCAL224402, CourtName: CLASS ACTION CASES, State: CA California, UniqueCaseRef: LCD>CSCAL224402, Cisco, Chambers, Cisco Systems, Commtouch Investors, Lead Plaintiff, Sales, Class Period, Commtouch, Revenue, John, Cisco Stock, Securities, Motion, Carter, Customers, Acquisitions, California, Growth, Demand, Artificially Inflated Prices, Market, Class Actions, Net Income, Analysts, United States, Inventory, Jacobi, Facts, Exchange Act, Eps, Stock, Service Providers, Confidential Cisco Information, Inter-power, Executives, Violation, Inventories, Commtouch Software, Appointment, Technology , ContentID: 120249583

Case Documents
1   REPLY TO COMPETING MOTIONS
[ see first page and extracted highlights below  ] ItemID: 122187
5 pages
TXT
2   ORDER TO APPLICANTS TO SERVE
[ see first page and extracted highlights below  ] ItemID: 122185
2 pages
PDF
3   ORDER RE INVITATION
[ see first page and extracted highlights below  ] ItemID: 122182
2 pages
PDF
4   MOTION AND MEMO
[ see first page and extracted highlights below  ] ItemID: 122179
13 pages
TXT
5   MOTION AND MEMO IN SUPPORT OF MOTION TO CONSOLIDATE
[ see first page and extracted highlights below  ] ItemID: 122178
10 pages
TXT
6   DECLARATION OF JASON T
[ see first page and extracted highlights below  ] ItemID: 122174
3 pages
TXT
7   COMPLAINT B
[ see first page and extracted highlights below  ] ItemID: 122173
16 pages
PDF
8   COMPLAINT B 4
[ see first page and extracted highlights below  ] ItemID: 122172
54 pages
HTML
9   COMPLAINT B 3
[ see first page and extracted highlights below  ] ItemID: 122171
55 pages
HTML
10   COMPLAINT B 2
[ see first page and extracted highlights below  ] ItemID: 122170
12 pages
PDF
11   COMPLAINT A
[ see first page and extracted highlights below  ] ItemID: 122169
55 pages
HTML
12 2001-12-20 REQUEST FOR JUDICIAL NOTICE
[ see first page and extracted highlights below  ] ItemID: 122188
3 pages
PDF
13 2001-12-20 MOTION TO DISMISS
[ see first page and extracted highlights below  ] ItemID: 122180
22 pages
PDF
14 2001-07-24 ORDER APPOINTING
[ see first page and extracted highlights below  ] ItemID: 122181
5 pages
PDF
15 2001-06-28 ORDER RE LEAD PLAINTIFF AND AMENDING
[ see first page and extracted highlights below  ] ItemID: 122183
3 pages
PDF
16 2001-05-30 STATEMENT REGARDING MOTIONS FOR APPOINTMENT
[ see first page and extracted highlights below  ] ItemID: 122189
4 pages
PDF
17 2001-05-30 REPLY IN SUPPORT OF MOTION FOR APPOINTMENT
[ see first page and extracted highlights below  ] ItemID: 122186
12 pages
PDF
18 2001-05-30 MEMORANDUM OF MICHAEL JACOBI
[ see first page and extracted highlights below  ] ItemID: 122177
6 pages
PDF
19 2001-05-30 DECLARATION OF JILL M
[ see first page and extracted highlights below  ] ItemID: 122176
4 pages
PDF
20 2001-04 DECLARATION OF JILL M
[ see first page and extracted highlights below  ] ItemID: 122175
3 pages
PDF
21 2000-05 ORDER RE LEAD PLAINTIFF
[ see first page and extracted highlights below  ] ItemID: 122184
22 pages
PDF
Total Documents: 21 documents , 311 pages
Price: $ 119.95


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1 . REPLY TO COMPETING MOTIONS

EXTRACTED KEY WORDS
JACOBI
LOSSES
CANDIDATES
DAVIDSOHN
MOTIONS
JACOBI/INTER-POWER OPP
NORBY
SAN FRANCISCO
QUESTIONNAIRE
PRESUMPTION
LERACH LLP
DECLARE
ADEQUATE LEAD PLAINTIFF
MICHAEL
APPOINTMENT
CALIFORNIA
COURT
UNITED STATES
COUNSEL
FIRM
INTER-POWER
OPPOSITION
RESOURCES MANAGEMENT
LUIS DAVIDSOHN
NORTHERN DISTRICT
BAKER
JASON
HYNES
MILBERG WEISS BERSHAD


   MILBERG WEISS BERSHAD
   HYNES & LERACH LLP
   REED R. KATHREIN (139304)
   JASON T. BAKER (212380)
   100 Pine Street, Suite 2600
   San Francisco, CA 94111
   Telephone: 415/288-4545
   415/288-4534 (fax)
   - and -
   WILLIAM S. LERACH (68581)
   600 West Broadway, Suite 1800
   San Diego, CA 92101
   Telephone: 619/231-1058
   619/231-7423 (fax)

   (Proposed) Lead Counsel for Plaintiffs


                        UNITED STATES DISTRICT COURT

                      NORTHERN DISTRICT OF CALIFORNIA


   BARUCH RAVID, On Behalf of
   Himself and All Others Similarly Situated,

                           Plaintiff,

       vs.

   COMMTOUCH SOFTWARE LTD., et al.,

                           Defendants.
   _________________________________

   )
   )
   )
   )
   )
   )
   )
   )
   )
   )
   )
SNIPPETS:
  • LEAD PLAINTIFF CANDIDATES LUIS DAVIDSOHN AND C&C RESOURCES MANAGEMENT LTD.'S REPLY TO
  • The opposition of Mike Norby;
  • The opposition of Michael Jacobi and Inter-Power USA,
  • The Jacobi/Inter-Power Opp.
  • is brought on behalf of two candidates with losses of $653,845 and $368,385, respectively.
  • It is undisputed that the Private Securities Litigation Reform Act of 1995 creates a
  • With only $60,000 in losses, Michael Norby clearly does not meet this standard.
  • Inter-Power has never filed a motion to be lead plaintiff in this action.
  • The fact is that the real movant here, Michael Glazerman, vanished after it became apparent
  • Jacobi, the other individual in the Jacobi/Inter-Power group, is also not the most adequate
  • This small difference diminishes the importance of the PSLRA's presumption and highlights
  • Jacobi has chosen counsel based in Israel.
  • In his answers to the Court's questionnaire, Jacobi indicated in no uncertain terms that the
  • Neither of the other two United States firms that have appeared on Jacobi's motions in this
  • the only firm that Jacobi himself apparently wishes to be involved as his representative is
  • However, C&C is located in Texas, and Davidsohn is in Mexico City, Mexico, both only a
  • The fact that they are two shareholders seeking appointment as co-lead plaintiffs will give
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP REED R. KATHREIN JASON T. BAKER
  • PURSUANT TO NORTHERN DISTRICT LOCAL RULE 23-2
  • I declare under penalty of perjury that the foregoing is true and correct.

  • 2 . ORDER TO APPLICANTS TO SERVE

    EXTRACTED KEY WORDS
    UNITED STATES DISTRICT
    SERVE
    CLASS COUNSEL
    REQUIRING
    LEAD PLAINTIFF
    STATES DISTRICT JUDGE
    WILLIAM ALSUP
    TEXAS
    SUGARLAND
    CARDINAL AVENUE
    ATTENTION YUH-MEI CHUNG
    RESOURCES MANAGEMENT
    PROMPTLY SERVE
    STATES DISTRICT COURT
    SERVE SUBMISSION
    REQUIRING LUIS DAVIDSOHN
    CALIFORNIA
    NORTHERN DISTRICT
    APPOINTING LEAD PLAINTIFF
    ACCOMPANYING ORDER
    
                                                                                1
    
                                                                                2
                                                                                3
    
                                                                                4
                                                                                5
    
                                                                                6                      
    RT
                                                                                7                      
    A
                                                                                8
                                                                                9
    
                                                                               10    IN RE COMMTOUCH
             No. C 01-00719 WHA
                                                                                     SECURITIES
                                                                               11
    
                                                                                     /
             ORDER TO APPLICANTS FOR
    
             CLASS COUNSEL POSITION TO
                                                                               12    AND CONSOLIDATED
             SERVE APPLICATIONS ON
    
             LEAD PLAINTIFF
                                                                               13
                                                                                     /
                                                                               14
                                                                               15               For the
    nting lead plaintiff;
                                                                               16    (2) requiring
    ions on lead plaintiff; and
                                    For the Northern District of California    17    (3) requiring Luis
     2001, all applicants for
    United States District Court                                               18    the position of
    pplications on C&C
                                                                               19    Resources
    e, Sugarland,
                                                                               20    Texas, 77478.
                                                                               21
                                                                               22               IT IS
                                                                               23
    
                                                                               24    Dated:  July 30,
            WILLIAM ALSUP
    
    
    SNIPPETS:
  • For the reasons stated in the accompanying order appointing lead plaintiff;
  • For the Northern District of California 17 requiring Luis Davidsohn to file and serve
  • 18 the position of class counsel should promptly serve a copy of their applications on C&C
  • 19 Resources Management, attention Yuh-Mei Chung, at 1006 Cardinal Avenue, Sugarland,
  • 20 Texas, 77478.
  • WILLIAM ALSUP
  • UNITED STATES DISTRICT JUDGE

  • 3 . ORDER RE INVITATION

    EXTRACTED KEY WORDS
    UNITED STATES DISTRICT
    SELECTION
    LEAD PLAINTIFF
    STATES DISTRICT JUDGE
    WILLIAM ALSUP
    SELECTION PROCESS
    REFER
    COUNSEL WISHING
    PARTY
    PROPOSALS
    LITIGATION
    UNITED STATES-BASED COUNSEL
    STATES DISTRICT COURT
    CALIFORNIA
    NORTHERN DISTRICT
    ORDER INVITING CANDIDATES
    CLEARINGHOUSE WEBSITE
    SECURITIES CLASS ACTION
    STANFORD SECURITIES CLASS
    CLERK
    
                                                                                1
    
                                                                                2
                                                                                3
    
                                                                                4
                                                                                5
    
                                                                                6                      
    RT
                                                                                7                      
    A
                                                                                8
                                                                                9
    
                                                                               10    IN RE COMMTOUCH
             No. C 01-00719 WHA
                                                                                     SECURITIES
                                                                               11
    
                                                                                     /
             ORDER RE INVITATION
                                                                               12    AND CONSOLIDATED
             FOR COMPETITIVE
    
             PROPOSALS FOR POSITION
                                                                               13
             OF CLASS COUNSEL
                                                                                     /
                                                                               14
                                                                               15               The
    ties Class Action
                                                                               16    Clearinghouse
    ly for the position of class
                                    For the Northern District of California    17    counsel and a copy
     counsel selection dated June
    United States District Court                                               18    27, 2001.  As
    nited States-based counsel
                                                                               19    may apply for a
    als must be filed under seal
                                                                               20    and served on the
    e served on any other party
                                                                               21    or counsel. 
    er for details of the
                                                                               22    selection process.
                                                                               23
                                                                               24               IT IS
                                                                               25
    
    
    SNIPPETS:
  • The Clerk is hereby ordered to post on the Stanford Securities Class Action
  • 16 Clearinghouse website a copy of this order inviting candidates to apply for the position
  • For the Northern District of California 17 counsel and a copy of the order re lead plaintiff
  • As described in the June 27 order, both Israel-based and United States-based counsel
  • 19 may apply for a position of class counsel in this litigation.
  • Proposals must be filed under seal
  • They should not be served on any other party
  • Counsel wishing to apply should refer to the June 27 order for details of the
  • 22 selection process.
  • WILLIAM ALSUP
  • UNITED STATES DISTRICT JUDGE

  • 4 . MOTION AND MEMO

    EXTRACTED KEY WORDS
    LEAD PLAINTIFF
    CLASS ACTIONS
    SECURITIES
    MOTION
    COURT
    EXCHANGE ACT
    COUNSEL
    DEFENDANTS
    BAKER
    COMMTOUCH SOFTWARE
    SAN FRANCISCO
    PURSUANT
    MILBERG WEISS
    CLASS MEMBERS
    APPOINTED LEAD PLAINTIFF
    APPROVE LEAD
    LERACH LLP
    AUTHORITIES
    MEMORANDUM
    CALIFORNIA
    MILBERG WEISS BERSHAD
    MANAGEMENT
    APPOINT LUIS
    UNITED STATES
    KATHREIN
    FEDERAL SECURITIES LAWS
    CLASS PERIOD
    APPOINTMENT
    HONORABLE WILLIAM
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       REED R. KATHREIN (139304)
       JASON T. BAKER (212380)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
       - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       (Proposed) Lead Counsel for Plaintiffs
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
       BARUCH RAVID, On Behalf of
       Himself and All Others Similarly Situated,
    
                               Plaintiff,
    
           vs.
    
       COMMTOUCH SOFTWARE LTD., et al.,
    
                               Defendants.
       _________________________________
    
       )
       )
       )
       )
       )
       )
       )
       )
       )
       )
       )
    
    SNIPPETS:
  • San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 - and -WILLIAM S. LERACH
  • UNITED STATES DISTRICT COURT
  • NORTHERN DISTRICT OF CALIFORNIA
  • NOTICE OF MOTION,
  • AND AUTHORITIES IN SUPPORT OF MOTION TO APPOINT LUIS DAVIDSOHN, C&C RESOURCES MANAGEMENT LTD.
  • AND SHIMON TOPOR AS LEAD PLAINTIFF PURSUANT TO SECTION
  • 21DOF THE SECURITIES
  • EXCHANGE ACT OF 1934 AND TO APPROVE LEAD PLAINTIFF'S CHOICE OF COUNSEL
  • The Honorable William H. Alsup
  • The Commtouch Investors Should Be Appointed Lead Plaintiff
  • The Commtouch Investors Believe They Have the Largest Financial Interest in the Relief Sought
  • P. 23 because their claims are typical of class members' claims, and they will fairly and
  • Finally, Davidsohn, C&C and Topor have selected and retained a national law firm with
  • The motion is based on this notice of motion, the supporting memorandum of points and
  • The Commtouch Investors, who have suffered at least $845,142 in losses from purchases of
  • Section 21D of the Exchange Act establishes the procedure for the selection of lead plaintiff
  • The Commtouch Investors have suffered losses of more than $845,000 as a result of their
  • Ravid v. Commtouch Software Ltd,
  • The Exchange Act, as amended by the PSLRA, requires prompt publication of notice advising
  • Commtouch shareholders filed suit seeking relief for the substantial damages sustained due to
  • In addition, these investors have selected the law firm of Milberg Weiss Bershad Hynes &
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP REED R. KATHREIN JASON T. BAKER
  • MOTION, MOTION AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO APPOINT LUIS

  • 5 . MOTION AND MEMO IN SUPPORT OF MOTION TO CONSOLIDATE

    EXTRACTED KEY WORDS
    CONSOLIDATION
    MOTION
    COURT
    REVENUES
    PLAINTIFF
    SECURITIES
    COMMTOUCH SOFTWARE
    RELATED ACTIONS
    INVESTORS
    ACT
    SAN FRANCISCO
    LAW
    EXCHANGE ACT
    DEFENDANTS
    DISTRICT
    GROSS PROFIT
    PENDING
    PURSUANT
    APPOINTMENT
    PSLRA
    VIOLATION
    CALIFORNIA
    LEAD COUNSEL
    LERACH LLP
    ENTERPRISE
    GROSS PROFIT MARGIN
    MESSAGING SOLUTIONS
    FILING
    PRESERVATION
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       REED R. KATHREIN (139304)
       JASON T. BAKER (212380)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
       - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       (Proposed) Lead Counsel for Plaintiffs
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
       BARUCH RAVID, On Behalf of
       Himself and All Others Similarly Situated,
    
                               Plaintiff,
    
           vs.
    
       COMMTOUCH SOFTWARE LTD., et al.,
    
                               Defendants.
       _________________________________
    
       )
       )
       )
       )
       )
       )
       )
       )
       )
       )
    
    SNIPPETS:
  • NORTHERN DISTRICT OF CALIFORNIA
  • NOTICE OF MOTION,
  • AND AUTHORITIES IN SUPPORT OF MOTION TO CONSOLIDATE RELATED ACTIONS AGAINST COMMTOUCH
  • FOR VIOLATION OF THE FEDERAL SECURITIES LAWS
  • THIS COURT SHOULD CONSOLIDATE THESE RELATED ACTIONS FOR PURPOSES OF EFFICIENCY
  • THE PSLRA REQUIRES THAT THE QUESTION OF CONSOLIDATION BE DECIDED PRIOR TO THE DETERMINATION
  • THIS COURT SHOULD ORDER THE PRESERVATION OF DOCUMENTS
  • PLEASE TAKE NOTICE that on May 17, 2001 at 8:00 a.m., or as soon thereafter as this matter
  • This motion is brought on the grounds that these actions are substantially identical because
  • The seven related securities fraud class action lawsuits, identified above and brought
  • The Commtouch Investors seek to consolidate these related securities class actions pursuant
  • SUMMARY OF PENDING ACTIONS
  • On April 18, 2000, Commtouch reported 91% growth in revenues for 1Q00 and a record gross
  • Gross profit for the first quarter of 2000 was $2.2 million representing a gross profit
  • Commtouch, the worldwide leader in outsourced email and messaging solutions, today announced
  • "The release during Q2 2000 of our Service Provider Solution targeted at the enterprise
  • Consolidation pursuant to Rule 42is proper when actions involve common questions of law and
  • Investors Research Co. v. United States Dist.
  • Given that the selection of lead plaintiff and lead counsel is the necessary first step to
  • Through this motion, the Commtouch Investors also request that the Court order the
  • MILBERG WEISS BERSHAD HYNES & LERACH LLP REED R. KATHREIN JASON T. BAKER
  • FOR VIOLATION OF THE FEDERAL SECURITIES LAWS to the parties listed on the attached Service

  • 6 . DECLARATION OF JASON T

    EXTRACTED KEY WORDS
    EXHIBIT
    CALIFORNIA
    SAN FRANCISCO
    PLAINTIFF
    BAKER
    JASON
    LAWS
    SECURITIES
    COUNSEL
    LERACH LLP
    LEAD PLAINTIFF PURSUANT
    COMMTOUCH SOFTWARE
    NORTHERN DISTRICT
    WEISS BERSHAD HYNES
    MILBERG WEISS BERSHAD
    FOREGOING
    PERJURY
    PENALTY
    BUSINESS
    MOVANTS
    FIRM
    APPROVE LEAD
    SECURITIES EXCHANGE ACT
    SHIMON TOPOR
    MANAGEMENT
    RESOURCES
    APPOINT LUIS DAVIDSOHN
    VIOLATION
    RELATED ACTIONS
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       REED R. KATHREIN (139304)
       JASON T. BAKER (212380)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
       - and -
       WILLIAM S. LERACH (68581)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
    
       (Proposed) Lead Counsel for Plaintiffs
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
    
       BARUCH RAVID, On Behalf of
       Himself and All Others Similarly Situated,
    
                               Plaintiff,
    
           vs.
    
       COMMTOUCH SOFTWARE LTD., et al.,
    
                               Defendants.
       _________________________________
    
       )
       )
       )
       )
       )
       )
       )
       )
       )
    
    SNIPPETS:
  • DECLARATION OF JASON T. BAKER IN SUPPORT OF MOTIONS TO CONSOLIDATE RELATED ACTIONS AGAINST
  • FOR VIOLATION OF THE FEDERAL SECURITIES LAWS AND TO APPOINT LUIS DAVIDSOHN, C&C RESOURCES
  • AND SHIMON TOPOR AS LEAD PLAINTIFF PURSUANT TO
  • SECURITIES EXCHANGE ACT OF 1934 AND TO APPROVE LEAD PLAINTIFF'S CHOICE OF COUNSEL
  • I am an attorney duly licensed to practice before all of the courts of the State of
  • I am a member of the law firm of Milberg Weiss Bershad Hynes & Lerach LLP, one of the counsel
  • Exhibit A Chart of Movants' Purchases,
  • I declare under penalty of perjury under the laws of the State of California that the
  • Executed this 17th day of April, 2001, 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
  • AND SHIMON TOPOR AS LEAD PLAINTIFF PURSUANT TO SECTION
  • 21DOF THE SECURITIES EXCHANGE ACT OF 1934 AND TO APPROVE LEAD PLAINTIFF'S CHOICE OF COUNSEL

  • 7 . COMPLAINT B

    EXTRACTED KEY WORDS
    MISLEADING
    STOCK
    FINANCIALS
    DEFENDANTS
    CLASS PERIOD
    MANTEL
    MESSAGING
    PLAINTIFF
    DAMAGES
    MARKET
    REVENUE
    INTEGRATION
    NET LOSS
    ACT
    MEMBERS
    WINGRA TECHNOLOGIES
    PRICE
    ALLEGES
    ENTERPRISE
    CONTROL
    ACQUISITION
    BUSINESSES
    COMPLAINT
    FACTS
    COMMON STOCK
    CUSTOMERS
    ARTIFICIALLY INFLATE
    DIRECTORS
    SECURITIES
    
     1 IRA M. PRESS
          MARK A. STRAUSS (California State Bar #196471)
     2 KIRBY MCINERNEY & SQUIRE, LLP
          830 Third Avenue, 10th Floor
     3 New York, NY 10022
          (212) 371-6600
     4 JILL M. MANNING (California State Bar #178849)
     5 KIRBY MCINERNEY & SQUIRE, LLP
          7665 Redwood Blvd., Suite 200
     6 Novato, CA 94945
          (415) 898-8160
     7 Attorneys for Plaintiff
     8
    
     9                                       UNITED STATES DISTRICT COURT
    
    10                                     NORTHERN DISTRICT OF CALIFORNIA
    
    11 MEIR RON, on his own behalf and                    )      CASE NO.
    12 on behalf of all others similarly situated,        ))
    13           Plaintiff,                               )      CLASS ACTION
                                                          )
    14                   vs.                              )      COMPLAINT FOR VIOLATION OF THE
                                                          )      SECURITIES EXCHANGE ACT OF 1934
    15 COMMTOUCH SOFTWARE LTD; AND                        )
          GIDEON MANTEL,                                  )      DEMAND FOR JURY TRIAL
    16                                                    )
                 Defendants.                              )
    17 ___________________________________
    
    18           Plaintiff Meir Ron, by his attorneys, for his Class Action Complaint (the "Complaint")
    
    19 alleges the following upon personal knowledge as to himself and his own acts, and upon
    
    20 information and belief based upon the investigation of Plaintiff's attorneys as to all other
    
    21 The investigation includes the thorough review and analysis of public statements, publicly-filed
    
    22 documents of CommTouch Software Ltd. ("CommTouch" or the "Company"), press releases, news
    
    23 articles and the review and analysis of accounting rules and related literature.  Plaintiff
    
    24 further substantial evidentiary support will exist for the allegations set forth below after a
    
    25 reasonable opportunity for discovery.
    
    26                                             SUMMARY OF ACTION
    
    27           1.      This is a securities class action on behalf of public investors who purchased
    
    SNIPPETS:
  • Attorneys for Plaintiff
  • 19 alleges the following upon personal knowledge as to himself and his own acts,
  • 22 documents of CommTouch Software Ltd., press releases, news
  • CommTouch stock during the Class Period.
  • This case involves Defendants' material
  • omissions and the dissemination of materially false and misleading statements regarding the
  • 14 the acquisition of Wingra Technologies in a stock transaction valued at $10.2356
  • The acquisition was originally announced on November 2,
  • CommTouch issued 1.59 million shares of its common stock as Wingra became a wholly17 owned
  • 19 financials for the first three quarters of fiscal 2000, on Wednesday, February 14, 2001.
  • 20 CommTouch's shareholders reacted swiftly to this news as the stock price plummeted 28.75%
  • 21 the Nasdaq stock market and such shareholders were damaged thereby.
  • 24 Exchange Act of 1934, 28 U.S.C. §§ 1331 and 1337.
  • and the facilities of the national securities markets.
  • CommTouch outsources integrated Web-based email and messaging solutions to
  • 14 Officer and on the Board of Directors of CommTouch.
  • Defendant Mantel was quoted in and/or
  • 17 as Chief Executive Officer and Director, Mantel was under a continuing duty to direct and
  • and any members of immediate families and their heirs,
  • 11 Class have sustained damages arising out of Defendants' wrongful conduct in violation of
  • 12 circumstances does not apply to any of the allegedly false statements pleaded in this
  • 19 email and messaging solutions to businesses.
  • 20 enable the Company to satisfy the unique email and messaging needs of its customers
  • amounting to approximately $22 million that will be recognized as revenue over
  • Net loss per share for the
  • with a strong contribution from the enterprise market," said Gideon Mantel,
  • leading messaging systems integration and migration tools.
  • 17 omitting to disclose material facts necessary to make Defendants' statements, as set forth
  • 26 in order to artificially inflate the market price of CommTouch stock and which operated as

  • 8 . COMPLAINT B 4

    EXTRACTED KEY WORDS
    CHAMBERS
    CISCO SYSTEMS
    DEFENDANT
    SALES
    CLASS PERIOD
    REVENUE
    JOHN
    CISCO STOCK
    DEMAND
    CARTER
    ACQUISITIONS
    GROWTH
    CUSTOMERS
    MARKET
    INVENTORY
    ARTIFICIALLY INFLATED PRICES
    NET INCOME
    SECURITIES
    SERVICE PROVIDERS
    EPS
    CONFIDENTIAL CISCO INFORMATION
    CALIFORNIA
    UNITED STATES
    INVENTORIES
    VENDOR FINANCING
    TECHNOLOGY
    CARL REDFIELD
    SENIOR VICE PRESIDENT-FINANCE
    SUBSTANTIAL TECHNICAL DEFECTS
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       WILLIAM S. LERACH (68581)
       DARREN J. ROBBINS (168593)
       SPENCER A. BURKHOLZ (147029)
       FREDERICK B. BURNSIDE (211089)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
           - and -
       MICHAEL R.R. REESE (206773)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
    
       SCOTT & SCOTT, LLC
       DAVID R. SCOTT
       JAMES E. MILLER
       108 Norwich Avenue
       Colchester, CT 06415
       Telephone: 860/537-3818
       860/537-4432 (fax)
    
       Attorneys for Plaintiff
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    
       JOSEPH CARESIO, On Behalf of Himself
       and All Others Similarly Situated,
    
                               Plaintiff,
    
           vs.
    
       CISCO SYSTEMS, INC., JOHN T.
       CHAMBERS, LARRY R. CARTER, GARY
       J. DAICHENDT, JUDITH L. ESTRIN,
       CHARLES H. GIANCARLO, MARIO
       MAZZOLA, CARL REDFIELD,
    
    SNIPPETS:
  • COMPLAINT FOR VIOLATION OF THE FEDERAL SECURITIES LAWS
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased Cisco Systems,
  • By the beginning of the Class Period in 8/99, Internet Service Providers and competitive
  • Through this manipulation and the shipment of defective or incomplete products, as well as
  • The inflation in Cisco's stock price was essential to its main corporate strategy - that of
  • In addition, each of the defendants had the motive and the opportunity to perpetrate the
  • Defendants' misconduct has wiped out over $400 billion in market capitalization as Cisco
  • Defendant Cisco maintains its headquarters at San Jose, California.
  • Defendant John T. Chambers was, during the Class Period, President, Chief Executive Officer,
  • During the Class Period, while in possession of confidential Cisco information, Chambers sold
  • Defendant Larry R. Carter was, during the Class Period, Senior Vice President-Finance and
  • During the Class Period, while in possession of confidential Cisco information, Carter sold
  • Defendant Carl Redfield was, during the Class Period, Senior Vice President-Manufacturing and
  • Carter was at all relevant times Senior Vice President-Finance and Administration, Chief
  • management of the Company knew that much of Cisco's sales growth was being generated by
  • The financial reporting system is so efficient that Cisco, in essence, is able to close its
  • Cisco's top executives received daily reports on product sales and product inventories that
  • In addition to depriving Cisco of revenue needed to meet its revenue and EPS forecasts and
  • Cisco was artificially inflating its reported revenues, net income and EPS through a variety
  • Cisco was recording revenue on the sale of products to indirect customers where it had loaned
  • Cisco's summa switch had substantial technical defects and quality problems which were
  • Many of Cisco's acquisitions were extremely disappointing, as products acquired were not yet
  • Cisco's stock plunged on these revelations - falling from $36-3/16 to $29-7/8, a 17% drop on

  • 9 . COMPLAINT B 3

    EXTRACTED KEY WORDS
    CHAMBERS
    CISCO SYSTEMS
    SALES
    CLASS PERIOD
    REVENUE
    JOHN
    CISCO STOCK
    CARTER
    ACQUISITIONS
    CUSTOMERS
    GROWTH
    ANALYSTS
    MARKET
    SHARES
    INVENTORY
    ARTIFICIALLY INFLATED PRICES
    EXECUTIVES
    NET INCOME
    EPS
    SERVICE PROVIDERS
    CALIFORNIA
    PLAINTIFFS
    CONFIDENTIAL CISCO INFORMATION
    INVENTORIES
    TECHNOLOGY
    CARL REDFIELD
    UNITED STATES
    SENIOR VICE PRESIDENT-FINANCE
    SUCCESSFUL
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       WILLIAM S. LERACH (68581)
       DARREN J. ROBBINS (168593)
       SPENCER A. BURKHOLZ (147029)
       FREDERICK B. BURNSIDE (211089)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
           - and -
       MICHAEL R.R. REESE (206773)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
    
       SCHIFFRIN & BARROWAY, LLP
       MARC A. TOPAZ
       Three Bala Plaza East, Suite 400
       Bala Cynwyd, PA 19004
       Telephone: 610/667-7706
       610/667-7056 (fax)
    
       WECHSLER HARWOOD HALEBIAN
       & FEFFER LLP
       JOHN HALEBIAN
       488 Madison Avenue, 8th Floor
       New York, NY 10022
       Telephone: 212/935-7400
       212/753-3630 (fax)
    
       BERNSTEIN LIEBHARD & LIFSHITZ, LLP
       MICHAEL S. EGAN
       10 East 40th Street
       New York, NY 10016
       Telephone: 212/779-1414
       212/779-3218 (fax)
    
        Attorneys for Plaintiffs
    
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
    SNIPPETS:
  • WECHSLER HARWOOD HALEBIAN & FEFFER LLP JOHN HALEBIAN
  • Attorneys for Plaintiffs
  • This is a securities fraud class action on behalf of persons who purchased Cisco Systems,
  • By the beginning of the Class Period in 8/99, Internet Service Providers and competitive
  • Through this manipulation and the shipment of defective or incomplete products, as well as
  • The inflation in Cisco's stock price was essential to its main corporate strategy - that of
  • In addition, each of the defendants had the motive and the opportunity to perpetrate the
  • Defendants' misconduct has wiped out over $400 billion in market capitalization as Cisco
  • Defendant Cisco maintains its headquarters at San Jose, California.
  • Defendant John T. Chambers was, during the Class Period, President, Chief Executive Officer,
  • During the Class Period, while in possession of confidential Cisco information, Chambers sold
  • Defendant Larry R. Carter was, during the Class Period, Senior Vice President-Finance and
  • During the Class Period, while in possession of confidential Cisco information, Carter sold
  • Defendant Carl Redfield was, during the Class Period, Senior Vice President-Manufacturing and
  • Cisco's Senior Executives
  • Carter was at all relevant times Senior Vice President-Finance and Administration, Chief
  • The financial reporting system is so efficient that Cisco, in essence, is able to close its
  • Cisco's top executives received daily reports on product sales and product inventories that
  • Earlier in F00, in an effort to assure itself of a sufficient quantity of component parts to
  • In addition to depriving Cisco of revenue needed to meet its revenue and EPS forecasts and
  • Cisco was artificially inflating its reported revenues, net income and EPS through a variety
  • Cisco was recording revenue on the sale of products to indirect customers where it had loaned
  • Many of Cisco's acquisitions were extremely disappointing, as products acquired were not yet
  • This was often commented upon by defendants and analysts following Cisco.
  • Cisco's stock plunged on these revelations - falling from $36-3/16 to $29-7/8, a 17% drop on

  • 10 . COMPLAINT B 2

    EXTRACTED KEY WORDS
    DEFENDANTS
    REVENUES
    PLAINTIFF
    MEMBERS
    ACTS
    REPORTING
    MISLEADING
    SECURITIES
    COMMON STOCK
    PURCHASE
    RESTATEMENT
    DAMAGES
    INVESTING
    COMPLAINT
    MARKET
    ALLEGES
    COMPARE
    FACTS
    PRICES
    EXCHANGE
    OPERATING
    NET LOSS
    ACCOUNTING PRINCIPLES
    RECKLESSNESS
    DELIBERATE
    VIOLATION
    ENTERPRISE
    OUTSOURCING SERVICES
    PROFIT MARGIN
    
    
    
     1  BERMAN DEVALERIO PEASE & TABACCO, P.C.
           Joseph J. Tabacco, Jr. (75484)
     2  Christopher T. Heffelfinger (118058)
           Jennifer S. Abrams (178203)
     3  425 California Street, Suite 2025
           San Francisco, California 94104
     4  Telephone:  (415) 433-3200
    
     5  BERMAN DEVALERIO & PEASE, LLP
           Jeffrey C. Block
     6  Michael G. Lange
           Sara Davis
     7  1 Liberty Square
           Boston, MA  02109
     8  Telephone:  (617) 542-8300
    
     9  LAW OFFICES OF CHARLES J. PIVEN, P.A.
           Charles J. Piven
    10  The World Trade Center ­ Baltimore
           Suite 2525
    11  401 East Pratt Street
           Baltimore, MD  21202
    12  Telephone:  (410) 332-0030
            Attorneys for Plaintiff, Michelle Mogelson
    13
    14
                                            UNITED STATES DISTRICT COURT
    15
                                           NORTHERN DISTRICT OF CALIFORNIA
    16
    
    17  MICHELLE MOGELSON, on behalf of                                      Civil Action No.
           herself and all others similarly situated,
    18
                            Plaintiff,
    19
                   v.                                                        CLASS ACTION COMPLAINT
    20
           COMMTOUCH SOFTWARE LTD,
    21  GIDEON MANTEL and JAMES E.
           COLLINS,
    22                                                                       JURY TRIAL DEMANDED
                            Defendants.
    23
    24             Plaintiff, individually and on behalf of all other persons similarly situated, by
    25  attorneys, for her Class Action Complaint, alleges upon personal knowledge as to herself and her
    
    SNIPPETS:
  • Attorneys for Plaintiff, Michelle Mogelson
  • 25 attorneys, for her Class Action Complaint, alleges upon personal knowledge as to herself
  • review of the public documents and news releases of Commtouch Software Ltd. ("Commtouch" or
  • Defendants' violation of the federal securities laws.
  • second and third quarters of 2000 and made numerous misstatements to the investing 10 public
  • The Defendants knew, or with deliberate
  • 11 recklessness disregarded, that they had overstated revenues and income in violation of
  • expects to restate its revenues and net loss for the first three quarters of 2000.
  • Exchange Act of 1934, 15 U.S.C. § 78jand 78t, and Rule 10b-5, 17
  • Many of the acts alleged herein, including the dissemination to the investing public of the
  • 22 Commtouch at all times relevant to this Complaint and assisted in the preparation of
  • which had become false and misleading.
  • omissions complained of herein would adversely affect the integrity of the market for the
  • 12 deceit upon Plaintiff and the other members of the Class.
  • 18 Commtouch common stock during the period from April 19, 2000 through February 13, 2001,
  • and who suffered damages thereby.
  • time the Defendants made the misstatements and failed to disclose material facts and the time
  • profit margin of 50% compared to a gross profit margin of 30% for the fourth
  • of the financial position at March 31, 2000 and the operating results and cash
  • the worldwide leader in integrated email outsourcing services
  • Enterprise customers represent
  • 16 reporting substantially the same results as reported in the October 25,
  • the type of restatement announced by Commtouch was to correct financial errors in its
  • 23 investors in the financial statements, it makes it difficult to compare financial
  • 26 circumstances, i.e., when there is a change in the reporting entity, a change in
  • 11 Plaintiff and other members of the Class to purchase Commtouch publicly traded securities
  • 12 inflated prices.

  • 11 . COMPLAINT A

    EXTRACTED KEY WORDS
    CHAMBERS
    CISCO SYSTEMS
    DEFENDANT
    SALES
    CLASS PERIOD
    REVENUE
    CISCO STOCK
    JOHN
    DEMAND
    CARTER
    ACQUISITIONS
    VIOLATION
    CUSTOMERS
    GROWTH
    ANALYSTS
    ARTIFICIALLY INFLATED PRICES
    EXECUTIVES
    NET INCOME
    SECURITIES
    EPS
    SERVICE PROVIDERS
    CALIFORNIA
    CONFIDENTIAL CISCO INFORMATION
    INVENTORIES
    TECHNOLOGY
    CARL REDFIELD
    UNITED STATES
    SENIOR VICE PRESIDENT-FINANCE
    SUCCESSFUL
    
    
    
       MILBERG WEISS BERSHAD
       HYNES & LERACH LLP
       WILLIAM S. LERACH (68581)
       DARREN J. ROBBINS (168593)
       SPENCER A. BURKHOLZ (147029)
       FREDERICK B. BURNSIDE (211089)
       600 West Broadway, Suite 1800
       San Diego, CA 92101
       Telephone: 619/231-1058
       619/231-7423 (fax)
           - and -
       MICHAEL R.R. REESE (206773)
       100 Pine Street, Suite 2600
       San Francisco, CA 94111
       Telephone: 415/288-4545
       415/288-4534 (fax)
           - and -
       MELVYN I. WEISS
       One Pennsylvania Plaza
       New York, NY 10119-1065
       Telephone: 212/594-5300
       212/868-1229 (fax)
    
       Attorneys for Plaintiff
    
       (Additional counsel appear on signature page.)
    
                            UNITED STATES DISTRICT COURT
    
                          NORTHERN DISTRICT OF CALIFORNIA
    
    
       PLUMBERS & PIPEFITTERS LOCAL
       572 PENSION FUND, On Behalf of
       Itself and All Others Similarly Situated,
    
                               Plaintiff,
    
           vs.
    
       CISCO SYSTEMS, INC., JOHN T.
       CHAMBERS, LARRY R. CARTER, GARY
       J. DAICHENDT, JUDITH L. ESTRIN,
       CHARLES H. GIANCARLO, MARIO
       MAZZOLA, CARL REDFIELD,
       MICHELANGELO VOLPI, CAROL A.
    
    SNIPPETS:
  • COMPLAINT FOR VIOLATIONS OF THE FEDERAL SECURITIES LAWS
  • DEMAND FOR JURY TRIAL
  • This is a securities fraud class action on behalf of persons who purchased Cisco Systems,
  • By the beginning of the Class Period in 8/99, Internet Service Providers and competitive
  • The inflation in Cisco's stock price was essential to its main corporate strategy - that of
  • Defendants' misconduct has wiped out over $400 billion in market capitalization as Cisco
  • Defendant Cisco maintains its headquarters at San Jose, California.
  • Defendant John T. Chambers was, during the Class Period, President, Chief Executive Officer,
  • During the Class Period, while in possession of confidential Cisco information, Chambers sold
  • Defendant Larry R. Carter was, during the Class Period, Senior Vice President-Finance and
  • During the Class Period, while in possession of confidential Cisco information, Carter sold
  • Defendant Carl Redfield was, during the Class Period, Senior Vice President-Manufacturing and
  • Cisco's Senior Executives
  • Carter was at all relevant times Senior Vice President-Finance and Administration, Chief
  • The financial reporting system is so efficient that Cisco, in essence, is able to close its
  • Cisco's top executives received daily reports on product sales and product inventories that
  • Earlier in F00, in an effort to assure itself of a sufficient quantity of component parts to
  • In addition to depriving Cisco of revenue needed to meet its revenue and EPS forecasts and
  • Cisco was artificially inflating its reported revenues, net income and EPS through a variety
  • Cisco was recording revenue on the sale of products to indirect customers where it had loaned
  • Many of Cisco's acquisitions were extremely disappointing, as products acquired were not yet
  • Cisco had accumulated hundreds of millions of dollars worth of overvalued and excess
  • This was often commented upon by defendants and analysts following Cisco.
  • Cisco's stock plunged on these revelations - falling from $36-3/16 to $29-7/8, a 17% drop on

  • 12 . REQUEST FOR JUDICIAL NOTICE

    EXTRACTED KEY WORDS
    COURT
    JUDICIAL NOTICE
    CIR
    STATE BAR
    PROPER
    LITIG
    CAC
    REFERENCE
    STOCK
    PRICE
    SUPP
    PLAINTIFFS
    RONCONI
    DISMISS
    MOTION
    SILICON GRAPHICS
    JAMES COLLINS
    GIDEON MANTEL
    CALIFORNIA
    HARRISON LLP
    PHLEGER
    BROBECK
    DISPUTE
    TIME WARNER
    KRAMER
    GUPTA
    HOLDING
    PLAINTIFF REFERS
    BROOKTREE
    
    
                     1     MEREDITH N. LANDY (State Bar No. 136489)
                           AMANDA L. KOSOWSKY (State Bar No. 214282)
                     2     BROBECK, PHLEGER & HARRISON LLP
                           Two Embarcadero Place
                     3     2200 Geng Road
                           Palo Alto, California  94303-0913
                     4     Telephone: (650) 424-0160
                           Facsimile: (650) 496-2885
                     5      MICHAEL D. TORPEY (State Bar No. 79424)
                     6     MICHELE F. KYROUZ (State Bar No. 168004)
                           BROBECK, PHLEGER & HARRISON LLP
                     7     Spear Street Tower
                           One Market Plaza
                     8     San Francisco, California 94105
                           Telephone:  (415) 442-0900
                     9     Facsimile:  (415) 442-1010
    
                   10      Attorneys for Defendants Commtouch Software Ltd.,
                           Gideon Mantel and James Collins
                   11
                   12                                      UNITED STATES DISTRICT COURT
                   13                                    NORTHERN DISTRICT OF CALIFORNIA
                   14
                   15
                   16      In re COMMTOUCH SOFTWARE LTD.                         )       Master File
                           SECURITIES LITIGATION,                                )
                   17                                                            )       CLASS ACTION
                                                                                 )
                   18                                                            )       HON. WILLIAM
                           This Document Relates To:                             )
                   19                                                            )       REQUEST FOR
                           ALL ACTIONS.                                          )       IN SUPPORT OF
                   20                                                            )       MOTION TO
                                                                                 )       CONSOLIDATED
                   21                                                            )       COMPLAINT
                                                                                 )
                   22                                                            )       Date: December
                                                                                 )       Time: 8:00 a.m.
                   23                                                            )       Place:
                                                                                 )                  The
                   24                                                            )
                                                                                 )
                   25
                   26
                   27
                   28
    PALLIB1\J4L\
    
    SNIPPETS:
  • MEREDITH N. LANDY (State Bar No. 136489)
  • Palo Alto, California 94303-0913
  • BROBECK, PHLEGER & HARRISON LLP
  • Gideon Mantel and James Collins respectfully request that this Court take judicial
  • 18 reference the documents and quote from them in the Consolidated Amended Complaint ("CAC" or
  • CAC ¶¶ 22, 27, 29, 30, 32, 33, 35, 36, 39, 41; see, e.g., In re Silicon Graphics,
  • Sec. Litig., 183 F.3d 970, 986 (9th Cir.
  • 21 properly consider documents referenced in the complaint); Ronconi v. Larkin, No.
  • 23 judicial notice of "the full text of documents cited by plaintiffs in their complaint");
  • 25 the complaint may be considered on a motion to dismiss); Allison v. Brooktree Corp.,
  • ("court may consider documents to which the plaintiff refers in the
  • See, e.g., Silicon Graphics, 183 F.3d at 986 (holding that it is proper to consider SEC
  • Ronconi, 1998 WL 230987, at *1 (court may take judicial notice
  • of documents filed with the SEC); In re Gupta Corp.
  • Sec. Litig., 900 F. Supp.
  • ; Kramer v.
  • Time Warner, 937 F.2d 767, 774 (2d Cir.
  • documents filed with the SEC is proper because, among other things, "the documents are
  • 12 reasonably susceptible to dispute.
  • 16 Commtouch's stock is publicly traded on NASDAQ and the closing price of each day is readily

  • 13 . MOTION TO DISMISS

    EXTRACTED KEY WORDS
    COMMTOUCH
    COURT
    PLAINTIFFS
    COLLINS
    FACTS
    STOCK
    CAC
    MANTEL
    SCIENTER
    STOCK PRICE
    CLASS PERIOD
    REVENUE
    MOTION
    REFORM ACT
    ALLEGATIONS
    SECURITIES FRAUD
    RESTATEMENT
    DEFENDANTS COMMTOUCH SOFTWARE
    RJN
    TRANSACTIONS
    CALIFORNIA
    SILICON GRAPHICS
    FINANCIALS
    MISLEADING
    ACCOUNTING
    FRAUDULENT
    INSUFFICIENT
    PARTICULARITY
    JAMES COLLINS
    
    
                    1     MEREDITH N. LANDY (State Bar No. 136489)
                          AMANDA L. KOSOWSKY (State Bar No. 214282)
                    2     BROBECK, PHLEGER & HARRISON LLP
                          Two Embarcadero Place
                    3     2200 Geng Road
                          Palo Alto, California  94303-0913
                    4     Telephone: (650) 424-0160
                          Facsimile: (650) 496-2885
                    5      MICHAEL D. TORPEY (State Bar No. 79424)
                    6     MICHELE F. KYROUZ (State Bar No. 168004)
                          BROBECK, PHLEGER & HARRISON LLP
                    7     Spear Street Tower
                          One Market Plaza
                    8     San Francisco, California 94105
                          Telephone:  (415) 442-0900
                    9     Facsimile:  (415) 442-1010
    
                   10     Attorneys for Defendants Commtouch Software Ltd.,
                          Gideon Mantel and James Collins
                   11
                   12                                         UNITED STATES DISTRICT COURT
                   13                                      NORTHERN DISTRICT OF CALIFORNIA
                   14
                   15
                   16     In re COMMTOUCH SOFTWARE LTD.                               )          Master
                          SECURITIES LITIGATION,                                      )
                   17                                                                 )          CLASS
                                                                                      )
                   18                                                                 )          HON.
                          This Document Relates To:                                   )
                   19                                                                 )          NOTICE
                          ALL ACTIONS.                                                )          TO
                   20                                                                 )         
                                                                                      )
                   21                                                                 )          Date:
                                                                                      )          Time:
                   22                                                                 )          Place:
                                                                                      )                
                   23                                                                 )
                                                                                      )
                   24
                   25
                   26
                   27
                   28
    
    PALLIB1\AK7\         
    
    SNIPPETS:
  • Palo Alto, California 94303-0913
  • Golden Gate Avenue, San Francisco, California, defendants Commtouch Software Ltd.
  • Gideon Mantel and James Collins ("the Individual
  • Defendants") will, and hereby do, move the Court for an order granting defendants' motion to
  • dismiss plaintiffs' Consolidated Amended Complaint for Violation of the Securities Exchange
  • 12 plead fraud with particularity and fail to state a claim upon which relief may be granted.
  • 26 plaintiffs are required by the Reform Act to plead specific facts showing the alleged
  • The Complaint contains no such allegations.
  • These claims are insufficient as a matter of law.
  • claim of securities fraud.
  • only to suffer devastating personal losses as the stock price continually declined.
  • undisputed facts negate any inference that the Individual Defendants acted with scienter.
  • 11 statements and events that happened before the class period,
  • contemporaneous facts that rendered their accounting decisions fraudulent.
  • improperly recorded as revenue.
  • 11 restatement, plaintiffs are unable to allege even the most fundamental details about it.
  • 17 revenue items, the specific transactions that were restated, or the factors that
  • CAC ¶ 19.
  • CAC ¶ 29; RJN Ex.
  • 21 manipulate or defraud.'" In re Silicon Graphics Inc.
  • misleading, the reason or reasons why the statement is misleading, and, if an allegation
  • financials were fraudulent.

  • 14 . ORDER APPOINTING

    EXTRACTED KEY WORDS
    COUNSEL
    APPLICATIONS
    SERVE
    RESOURCES MANAGEMENT
    MILBERG WEISS
    CIR
    STATES DISTRICT JUDGE
    WILLIAM ALSUP
    REPRESENTATIVES
    DISCLOSE
    REVIEWING
    PRIVATE IN-CHAMBERS CONFERENCE
    STATES DISTRICT COURT
    TEXAS
    SUGARLAND
    AVENUE
    CALIFORNIA
    NORTHERN DISTRICT
    ATTENTION YUH-MEI CHUNG
    PROMPTLY SERVE
    CLASS COUNSEL
    LAW
    EXPENSES
    COSTS
    PAID
    LEAD PLAINTIFF
    DAVIDSOHN
    INSURANCE
    HAGESTAD
    
                                                                                1
    
                                                                                2
                                                                                3
    
                                                                                4
                                                                                5
    
                                                                                6                      
    RT
                                                                                7                      
    A
                                                                                8
                                                                                9
    
                                                                               10    IN RE COMMTOUCH
            No. C 01-00719 WHA
                                                                                     SECURITIES
                                                                               11
    
                                                                                     /
            ORDER (1) APPOINTING LEAD
    
            PLAINTIFF; (2) REQUIRING
                                                                               12    AND CONSOLIDATED
            APPLICANTS FOR CLASS
    
            COUNSEL POSITION TO SERVE
                                                                               13
            APPLICATIONS ON LEAD
                                                                                     /
            PLAINTIFF; AND (3) REQUIRING
                                                                               14
            LUIS DAVIDSOHN TO FILE
    
            AND SERVE SUBMISSION OF
                                                                               15
            JULY 24, 2001
    
                                                                               16               After
    laintiff, the Court invited
                                    For the Northern District of California    17
    United States District Court                                                     the other
    , to submit lead plaintiff
                                                                               18    certification
     Court's orders.  (And,
                                                                               19    the Court
    understood the Court's
                                                                               20    rulings.)  Two
    
    SNIPPETS:
  • 1999); Hagestad v
  • Insurance Co., 966 F.2d 470, 476 (9th Cir.
  • Milberg Weiss and Mr. Davidsohn will
  • 13 serve as lead plaintiff.
  • C&C, of course, will not be paid for its services except to the extent
  • 14 costs and expenses are allowed by law.
  • 15 All applicants for the position of class counsel should promptly serve a copy of their
  • 16 applications on C&C Resources Management, attention Yuh-Mei Chung, at 1006 Cardinal
  • For the Northern District of California 17 Avenue, Sugarland, Texas, 77478.
  • United States District Court
  • 18 The private in-chambers conference with C&C will take place on August 24, 2001,
  • No counsel should attend.
  • In reviewing the applications from counsel,
  • 20 should not disclose the terms of any proposal to anyone, including representatives of
  • WILLIAM ALSUP
  • UNITED STATES DISTRICT JUDGE

  • 15 . ORDER RE LEAD PLAINTIFF AND AMENDING

    EXTRACTED KEY WORDS
    UNITED STATES DISTRICT
    APPOINTED LEAD
    COURT
    JACOBI
    SCHEDULE
    STATES DISTRICT JUDGE
    WILLIAM ALSUP
    CALIFORNIA
    NORTHERN DISTRICT
    CERTIFICATION
    SABO
    ABSENT
    SCHEDULED REGARDLESS
    IN-CHAMBERS CONFERENCE
    SELECTED CANDIDATE
    PROPOSALS
    ORIGINAL SCHEDULE
    
                                                                                1
    
                                                                                2
                                                                                3
    
                                                                                4
                                                                                5
    
                                                                                6                      
    RT
                                                                                7                      
    A
                                                                                8
                                                                                9
    
                                                                               10    IN RE COMMTOUCH
            No. C 01-00719 WHA
                                                                                     SECURITIES
                                                                               11
    
                                                                                     /
            ORDER RE LEAD PLAINTIFF
                                                                               12    AND CONSOLIDATED
            AND AMENDING JUNE 28, 2001,
    
            ORDER RE INVITATION FOR
                                                                               13
            COMPETITIVE PROPOSALS
                                                                                     /
            FOR POSITION OF CLASS
                                                                               14
            COUNSEL
                                                                               15               Jacob
    appended letter, dated July
                                                                               16    5, 2001, on behalf
    acobi.  The letter states that
                                    For the Northern District of California    17
    United States District Court                                                     Mr. Jacobi and his
    d possible expense of
                                                                               18    undertaking the
    from the position of lead
                                                                               19    plaintiff unless
     lead plaintiff position.
                                                                               20               The
     fiduciary for the class may not be
                                                                               21    truncated.  It
    not accurately describe the
                                                                               22    potential
    inarily, class counsel would,
    
    SNIPPETS:
  • ed on the original schedule.
  • Proposals should, however, be filed under seal with the Court but not served on Mr. Jacobi or
  • After a lead plaintiff is appointed, the Court will require copies
  • 11 to be sent to the selected candidate.
  • The August 3, 2001, in-chambers conference will take place
  • 12 as scheduled regardless of which candidate is appointed lead plaintiff, absent good cause.
  • 13 Sabo need not attend, however, unless Mr. Jacobi signs the certification and is appointed
  • For the Northern District of California 17
  • United States District Court
  • WILLIAM ALSUP
  • UNITED STATES DISTRICT JUDGE

  • 16 . STATEMENT REGARDING MOTIONS FOR APPOINTMENT

    EXTRACTED KEY WORDS
    CALIFORNIA
    HARRISON LLP
    PHLEGER
    BROBECK
    EXHIBIT
    HERETO
    ILL
    GIDEON MANTEL
    COMMTOUCH SOFTWARE
    SAN FRANCISCO
    MARKET PLAZA
    SPEAR STREET TOWER
    KYROUZ
    MICHELE
    TORPEY
    MICHAEL
    PALO ALTO
    EMBARCADERO
    LANDY
    MEREDITH
    
    
                    1      MEREDITH N. LANDY (State Bar No. 136489)
                           BROBECK, PHLEGER & HARRISON LLP
                    2      Two Embarcadero Place
                           2200 Geng Road
                    3      Palo Alto, California  94303-0913
                           Telephone: (650) 424-0160
                    4      Facsimile: (650) 496-2885
    
                    5      MICHAEL D. TORPEY (State Bar No. 79424)
                           MICHELE F. KYROUZ (State Bar No. 168004)
                    6      BROBECK, PHLEGER & HARRISON LLP
                           Spear Street Tower
                    7      One Market Plaza
                           San Francisco, California 94105
                    8      Telephone:  (415) 442-0900
                           Facsimile:  (415) 442-1010
                    9
                   10      Attorneys for Defendants,
                           COMMTOUCH SOFTWARE,
                   11      LTD. and GIDEON MANTEL
    
                   12                                          UNITED STATES DISTRICT COURT
                   13                                       NORTHERN DISTRICT OF CALIFORNIA
                   14
                   15
                   16
                           BARUCH RAVID, on his own behalf and on                      )          Case
                   17      behalf of all others similarly situated,                    )
                                                                                       )         
                   18                                 Plaintiff,                       )         
                                                                                       )          FOR
                   19               vs.                                                )          AS
                                                                                       )         
                   20      COMMTOUCH SOFTWARE, LTD. and                                )
                           GIDEON MANTEL,                                              )          Date:
                   21                                                                  )          Time:
                                                      Defendants.                      )         
                   22                                                                  )               
                                                                                       )
                   23
                   24
                   25
                   26
                   27
                   28
    
    PALLIB1\AK7\          
    
    SNIPPETS:
  • MEREDITH N. LANDY (State Bar No. 136489)
  • BROBECK, PHLEGER & HARRISON LLP
  • Two Embarcadero Place
  • Palo Alto, California 94303-0913
  • MICHAEL D. TORPEY
  • MICHELE F. KYROUZ
  • Spear Street Tower
  • One Market Plaza
  • San Francisco, California 94105
  • COMMTOUCH SOFTWARE,
  • 11 LTD. and GIDEON MANTEL
  • Ill.
  • Oct. 23, 2000), is attached hereto as Exhibit A.

  • 17 . REPLY IN SUPPORT OF MOTION FOR APPOINTMENT

    EXTRACTED KEY WORDS
    INTER-POWER
    JACOBI
    COUNSEL
    APPOINTMENT
    MOTION
    MICHAEL JACOBI
    LITIG
    ISRAEL
    CO-LEAD COUNSEL
    APPROVE
    COURT
    SUPPORT
    MOVANTS
    DAVIDSOHN
    LOSSES
    MANNING DECL
    QUESTIONNAIRE
    ADEQUACY
    HEARINGS
    SUPRA
    COMPETING
    SUPP
    MOVING
    CALIFORNIA STATE BAR
    RESPONSE
    WASTE MANAGEMENT
    RESIDENCE
    INVESTORS
    GOLDPLATE HOLDINGS
    
     1 JILL M. MANNING (California State Bar #178849)
          KIRBY MCINERNEY & SQUIRE, LLP
     2 7665 Redwood Blvd., Suite 200
          Novato, CA 94945
     3 Telephone: (415) 898-8160
          Facsimile: (415) 898-4861
     4 IRA M. PRESS
     5 MARK A. STRAUSS (California State Bar #196471)
          KIRBY MCINERNEY & SQUIRE, LLP
     6 830 Third Avenue, 10th Floor
          New York, NY 10022
     7 Telephone: (212) 371-6600
          Facsimile: (212) 751-2540
     8 LIONEL Z. GLANCY (California State Bar #134180)
     9 NEAL A. DUBLINSKY (California State Bar #135712)
          MICHAEL GOLDBERG (California State Bar #188669)
    10 LAW OFFICES OF LIONEL Z. GLANCY
          1801 Avenue of the Stars, Suite 311
    11 Los Angeles, CA 90067
          Telephone: (310) 201-9150
    12 Facsimile: (310) 201-9160
    
    13 Attorneys for Proposed Lead
          Plaintiffs Inter-Power and Michael Jacobi
    14
    
    15                                       UNITED STATES DISTRICT COURT
    16                                    NORTHERN DISTRICT OF CALIFORNIA
    17
    
    18     BARUCH RAVID, on his own behalf and on behalf of all              CASE NO. C 01-0719 (WHA)
    19     others similarly situated,                                        CLASS ACTION
    20             Plaintiff,                                                REPLY OF MICHAEL JACOBI AND
    21                     vs.                                               INTER-POWER U.S.A., INC. IN
                                                                             SUPPORT OF THEIR MOTION FOR
    22     COMMTOUCH SOFTWARE LTD; AND GIDEON MANTEL,                        APPOINTMENT AS LEAD
                                                                             AND FOR APPROVAL OF LEAD
    23             Defendants.                                               PLAINTIFF'S CHOICE OF
           ___________________________________________                       COUNSEL
    24     AND RELATED ACTIONS.                                              DATE: May 30, 2001
    25                                                                       Time:  8:00 a.m.
                                                                             Ctrm:  9, 19th Fl.
    26
    
    27
    28    
                         REPLY OF MICHAEL JACOBI AND INTER-POWER U.S.A., INC. IN SUPPORT OF THEIR MOTION
                FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF LEAD PLAINTIFF'S CHOICE OF
                                                    Case No. C 01-0719 (WHA)
    
    SNIPPETS:
  • JILL M. MANNING (California State Bar #178849)
  • REPLY OF MICHAEL JACOBI AND INTER-POWER U.S.A.,
  • IN SUPPORT OF THEIR MOTION FOR APPOINTMENT AS LEAD PLAINTIFF AND FOR APPROVAL OF LEAD
  • Challenges to Mr. Jacobi's Adequacy
  • Mr. Jacobi's Residence in Israel
  • Herman v. Waste Management Inc. (N.D.
  • In re Advanced Tissue Sciences Sec. Litig.
  • F. Supp.
  • Their losses exceed the combined losses of all of the remaining
  • competing movants.
  • combined losses of the next largest moving "group," C&C Resources Management, Ltd.
  • Apr. 21, 2000) (Manning Decl., Ex.
  • 19 joint application of Inter-Power and Jacobi (as well as the competing joint application of
  • 20 Resources and Luis Davidsohn) is flawed, because those lead plaintiff candidates move
  • Norby ignores the fact that the Court in its April 19,
  • Goldplate Holdings, Ltd. v. Unify Corp, Case No. C-00-2728 (N.D.
  • In re Southwall, supra; Waters, supra; Takeda, supra, 67 F. Supp.
  • investors are frequently appointed lead plaintiff and/or class representatives
  • 21 C&C fail to explain why Mr. Jacobi's response is problematic, and their own responses to
  • 22 questionnaire suggest no greater level of commitment.
  • 24 4 Thus, assuming arguendo that Mr. Jacobi's residence in Israel prevents him from
  • Court asked) as well as "the first hearing and other hearings as necessary."
  • and approve their choice of lead counsel for the class.

  • 18 . MEMORANDUM OF MICHAEL JACOBI

    EXTRACTED KEY WORDS
    INTER-POWER
    MOTIONS
    MOVANT
    LEAD PLAINTIFF CANDIDATES
    LOSSES
    COURT
    APPOINTMENT
    JACOBI
    MANNING
    DAVIDSOHN
    PAPERS
    QUESTIONNAIRE
    LITIGATION
    COUNSEL
    CALIFORNIA STATE BAR
    COMMTOUCH
    PURCHASER
    MANNING DECL
    MOVING
    COMPLAINTS
    CLASS PERIOD
    RESOURCES MANAGEMENT
    OPPOSITION
    DAMAGE
    COMPETING
    NORBY
    SUBMISSION
    CERTIFICATION
    PRESIDENT
    
     1 JILL M. MANNING (California State Bar #178849)
          KIRBY MCINERNEY & SQUIRE, LLP
     2 7665 Redwood Blvd., Suite 200
          Novato, CA 94945
     3 Telephone: (415) 898-8160
          Facsimile: (415) 898-4861
     4 IRA M. PRESS
     5 MARK A. STRAUSS (California State Bar #196471)
          KIRBY MCINERNEY & SQUIRE, LLP
     6 830 Third Avenue, 10th Floor
          New York, NY 10022
     7 Telephone: (212) 371-6600
          Facsimile: (212) 751-2540
     8 LIONEL Z. GLANCY (California State Bar #134180)
     9 NEAL A. DUBLINSKY (California State Bar #135712)
          MICHAEL GOLDBERG (California State Bar #188669)
    10 LAW OFFICES OF LIONEL Z. GLANCY
          1801 Avenue of the Stars, Suite 311
    11 Los Angeles, CA 90067
          Telephone: (310) 201-9150
    12 Facsimile: (310) 201-9160
    
    13 Attorneys for Proposed Lead
          Plaintiffs Inter-Power and Michael Jacobi
    14
    
    15
    
    16                                        UNITED STATES DISTRICT COURT
    
    17                                      NORTHERN DISTRICT OF CALIFORNIA
    
    18
    19     BARUCH RAVID, on his own behalf and on behalf of all CASE NO. C 01-0719 (WHA)
           others similarly situated,
    20                                                                        CLASS ACTION
                  Plaintiff,
    21                                                                        MEMORANDUM OF MICHAEL
                          vs.                                                 JACOBI AND INTER-POWER
    22                                                                        INC. IN OPPOSITION TO THE
           COMMTOUCH SOFTWARE LTD; AND GIDEON MANTEL,                         MOTIONS OF C&C RESOURCES
    23                                                                        MANAGEMENT, LTD., LUIS
                  Defendants.                                                 DAVIDSOHN, ITZIK ZIDON,
    24     ___________________________________________                        MIKE NORBY FOR
                                                                              LEAD PLAINTIFFS
    25     AND RELATED ACTIONS.                                               DATE: May 30, 2001
    26                                                                        Time:  8:00 a.m.
                                                                              Ctrm:  9, 19th Fl.
    27
    
    SNIPPETS:
  • JILL M. MANNING (California State Bar #178849)
  • Plaintiffs Inter-Power and Michael Jacobi
  • By order dated April 19, 2001, the Court directed all lead plaintiff candidates to
  • the litigation).
  • 20 1 Two of the four competing motions were filed by "groups" of more than two investors.
  • 21 2 Mr. Jacobi's moving papers erroneously listed his damage total as $575,390.
  • 22 Exhibit A to the accompanying declaration of Jill M. Manning is a chart showing how the
  • In addition, the opening motion papers 23 erroneously referred to Dr. Glezerman,
  • The purchaser of the Commtouch securities at issue was, in fact, Inter-Power.
  • Thus, 24 in the certification submitted on Inter-Power's behalf in connection with its moving
  • D to the April 16, 2001 Declaration of Tracy L. 26 Thrower and as Exhibit B to the May 4,
  • IN OPPOSITION TO THE MOTIONS OF C&C RESOURCES MANAGEMENT, LTD.,
  • appointment of lead plaintiff, the movant with "the largest financial interest in the relief
  • 12 group, C&C and Davidsohn (whose claimed losses, as discussed below, are not entirely free
  • 23 3 In his motion papers, Mr. Norby had erroneously listed his loss as $89,000, but as
  • 25 4 Davidsohn claims losses of $436,614, which combined with the losses of his co-movant, C&C
  • claims to have purchased during the class period, some $126,000 was purchased prior to April
  • including 3 complaints filed by counsel for Davidsohn and C&C.
  • complaint (Manning Decl.

  • 19 . DECLARATION OF JILL M

    EXTRACTED KEY WORDS
    LLP
    MICHAEL JACOBI
    LAW FIRM
    CALIFORNIA STATE BAR
    COMMTOUCH SOFTWARE
    LEAD PLAINTIFFS
    INTER-POWER
    LERACH LLP
    WEISS BERSHAD HYNES
    MILBERG WEISS BERSHAD
    WEBSITE
    RESOURCES
    MOTIONS
    NORBY
    LUIS DAVIDSOHN
    MANAGEMENT
    APPOINTMENT
    SQUIRE
    KIRBY MCINERNEY
    COUNSEL
    FACTS
    PROPOSED LEAD
    CO-COUNSEL
    DECLARE
    GLANCY
    LIONEL
    NOVATO
    MANNING
    JILL
    
     1 JILL M. MANNING (California State Bar #178849)
          KIRBY MCINERNEY & SQUIRE, LLP
     2 7665 Redwood Blvd., Suite 200
          Novato, CA 94945
     3 Telephone: (415) 898-8160
          Facsimile: (415) 898-4861
     4 IRA M. PRESS
     5 MARK A. STRAUSS (California State Bar #196471)
          KIRBY MCINERNEY & SQUIRE, LLP
     6 830 Third Avenue, 10th Floor
          New York, NY 10022
     7 Telephone: (212) 371-6600
          Facsimile: (212) 751-2540
     8 LIONEL Z. GLANCY (California State Bar #134180)
     9 NEAL A. DUBLINSKY (California State Bar #135712)
          MICHAEL GOLDBERG (California State Bar #188669)
    10 LAW OFFICES OF LIONEL Z. GLANCY
          1801 Avenue of the Stars, Suite 311
    11 Los Angeles, CA 90067
          Telephone: (310) 201-9150
    12 Facsimile: (310) 201-9160
    
    13 Attorneys for Proposed Lead
          Plaintiffs Inter-Power and Michael Jacobi
    14
    
    15                                      UNITED STATES DISTRICT COURT
    
    16                                   NORTHERN DISTRICT OF CALIFORNIA
    
    17
    18     BARUCH RAVID, on his own behalf and on behalf of all CASE NO. C 01-0719 (WHA)
           others similarly situated,
    19                                                                      CLASS ACTION
                  Plaintiff,
    20                                                                      DECLARATION OF JILL  M.
                          vs.                                               MANNING IN SUPPORT OF
    21                                                                      OPPOSITION  OF MICHAEL
           COMMTOUCH SOFTWARE LTD; AND GIDEON MANTEL,                       AND INTER-POWER U.S.A.,
    22                                                                      THE MOTIONS OF C&C RESOURCES
                  Defendants.                                               MANAGEMENT, LTD., LUIS
    23     ___________________________________________                      DAVIDSOHN, ITZIK ZIDON, AND
                                                                            MIKE NORBY FOR APPOINTMENT
    24     AND RELATED ACTIONS.                                             LEAD PLAINTIFFS
    25                                                                      DATE: May 30, 2001
                                                                            Time:  8:00 a.m.
    26                                                                      Ctrm:  9, 19th Fl.
    
    27            ______________________________________________________________________________________
    
    SNIPPETS:
  • JILL M. MANNING (California State Bar #178849)
  • KIRBY MCINERNEY & SQUIRE, LLP
  • 10 LAW OFFICES OF LIONEL Z. GLANCY
  • Plaintiffs Inter-Power and Michael Jacobi
  • MICHAEL JACOBI AND INTER-POWER U.S.A.,
  • TO THE MOTIONS OF C&C RESOURCES
  • I, JILL M. MANNING, declare as follows:
  • I am associated with the law firm of Kirby McInerney & Squire LLP, co-counsel for proposed
  • I have knowledge of the facts set
  • Michael Jacobi from his purchases of Commtouch Software Ltd. securities during
  • 13 Commtouch Software Ltd., No. C-01-20169-EAI, that was downloaded from the website of the
  • 14 law firm of Milberg Weiss Bershad Hynes & Lerach LLP, co-counsel for the plaintiff in
  • 24 Freeman & Herz, LLP, counsel for Mr. Norby.
  • TO THE MOTIONS OF C&C RESOURCES MANAGEMENT, LTD., LUIS DAVIDSOHN, ITZIK ZIDON, AND MIKE NORBY
  • Executed this 11th day of May, 2001 at Novato, California.

  • 20 . DECLARATION OF JILL M

    EXTRACTED KEY WORDS
    COUNSEL
    APPROVING
    APPOINTMENT
    MOTION
    CALIFORNIA STATE BAR
    SUPPORT
    INTER-POWER
    MICHAEL JACOBI
    SECURITIES EXCHANGE
    CO-LEAD COUNSEL
    LLP
    SQUIRE
    KIRBY MCINERNEY
    MANNING
    JILL
    DECLARATION
    PLAINTIFF GROUP
    AURORA
    SELECTION
    CONSOLIDATION
    ACT
    LEAD PLAINTIFF PURSUANT
    FACTS
    LAW
    GLANCY
    LIONEL
    NOVATO
    ANX
    BERGEN BRUNSWIG
    
     1 JILL M. MANNING (California State Bar #178849)
          KIRBY MCINERNEY & SQUIRE, LLP
     2 7665 Redwood Blvd., Suite 200
          Novato, CA 94945
     3 Telephone: (415) 898-8160
          Facsimile: (415) 898-4861
     4 IRA M. PRESS
     5 MARK A. STRAUSS (California State Bar #196471)
          KIRBY MCINERNEY & SQUIRE, LLP
     6 830 Third Avenue, 10th Floor
          New York, NY 10022
     7 Telephone: (212) 371-6600
          Facsimile: (212) 751-2540
     8 LIONEL Z. GLANCY (California State Bar #134180)
     9 NEAL A. DUBLINSKY (California State Bar #135712)
          MICHAEL GOLDBERG (California State Bar #188669)
    10 LAW OFFICES OF LIONEL Z. GLANCY
          1801 Avenue of the Stars, Suite 311
    11 Los Angeles, CA 90067
          Telephone: (310) 201-9150
    12 Facsimile: (310) 201-9160
    13 Attorneys for Proposed Lead
          Plaintiffs Inter-Power and Michael Jacobi
    14
    15                                         UNITED STATES DISTRICT COURT
    16                                       NORTHERN DISTRICT OF CALIFORNIA
    17
    18     BARUCH RAVID, on his own behalf and on behalf of all CASE NO. C 01-0719 (WHA)
           others similarly situated,
    19                                                                         CLASS ACTION
                  Plaintiff,
    20                                                                         DECLARATION OF JILL  M.
                          vs.                                                  MANNING IN SUPPORT OF
    21                                                                         MICHAEL JACOBI AND INTER-
           COMMTOUCH SOFTWARE LTD; AND GIDEON MANTEL,                          POWER U.S.A., INC. IN
    22                                                                         THEIR MOTION FOR
                  Defendants.                                                  AS LEAD PLAINTIFF AND FOR
    23     ___________________________________________                         APPROVAL OF LEAD
                                                                               CHOICE OF CO-LEAD COUNSEL
    24     AND RELATED ACTIONS.                                                DATE: May 30, 2001
    25                                                                         Time:  8:00 a.m.
                                                                               Ctrm:  9, 19th Fl.
    26
    27
    28
    
           
                                 DECLARATION OF JILL  M. MANNING IN SUPPORT OF REPLY OF  MICHAEL JACOBI
                                AND INTER-POWER U.S.A., INC. IN SUPPORT OF  THEIR MOTION FOR APPOINTMENT
    
    SNIPPETS:
  • JILL M. MANNING (California State Bar #178849)
  • KIRBY MCINERNEY & SQUIRE, LLP
  • 10 LAW OFFICES OF LIONEL Z. GLANCY
  • Plaintiffs Inter-Power and Michael Jacobi
  • IN SUPPORT OF THEIR MOTION FOR APPOINTMENT
  • AS LEAD PLAINTIFF AND FOR APPROVAL OF LEAD PLAINTIFFS' CHOICE OF CO-LEAD COUNSEL
  • I have knowledge of the facts set
  • 13 Plaintiff; Approving Lead Plaintiff's Choice of Counsel; Vacating Hearing entered in In Re
  • For Consolidation, Appointment of Lead Plaintiffs and Approval of Selection of
  • 21 Cases, Appointing The Aurora Lead Plaintiff Group as Lead Plaintiff, and Approving Lead
  • Plaintiff's Selection of Counsel in Steiner v. Aurora Foods Inc.,
  • 25 Bergen Plaintiffs Group as Lead Plaintiff Pursuant to §21Dof the Securities Exchange
  • 26 Act of 1934 and Approving Lead Plaintiff's Choice of Lead Counsel in Waters v. Bergen
  • Corp., No. SACV-99-1305-AHS (Anx) (C.D.
  • DECLARATION OF JILL M. MANNING IN SUPPORT OF REPLY OF MICHAEL JACOBI
  • Executed this 18th day of May, 2001 at Novato, California.

  • 21 . ORDER RE LEAD PLAINTIFF

    EXTRACTED KEY WORDS
    COURT
    DISTRICT
    FEE
    SETTLEMENT
    UNITED STATES DISTRICT
    SECURITIES
    CALIFORNIA
    NORTHERN DISTRICT
    LEAD PLAINTIFF
    DEPOSITION
    DISMISS
    SELECTION
    LODESTAR METHOD
    CIR
    LITIG
    REASON
    JUDGEMENT
    VERDICT
    LAWYERS
    TIME RECORDS
    MOTION
    RECOVERY
    EXPENSES
    APPROVING
    BENCHMARK
    RST
    AMOUNTS
    ATTORNEY
    VIOLATION
    
                                                                                1
    
                                                                                2
                                                                                3
    
                                                                                4
                                                                                5
    
                                                                                6                      
    RT
                                                                                7                      
    A
                                                                                8
                                                                                9
    
                                                                               10    IN RE COMMTOUCH
            No. C 01-00719 WHA
                                                                                     SECURITIES
                                                                               11
    
                                                                                     /
            ORDER RE LEAD PLAINTIFF
                                                                               12    AND CONSOLIDATED
            SELECTION AND CLASS
    
            COUNSEL SELECTION
                                                                               13
                                                                                     /
                                                                               14
                                                                               15                      
    
                                                                               16              
    f 1995 (PSLRA),
                                    For the Northern District of California    17    Pub. L. No.
    ts to 15 U.S.C. 77­78
    United States District Court                                               18    and 18 U.S.C.
    laintiff for eight cases
                                                                               19    previously
    llapse of the stock price of
                                                                               20    Commtouch Software
    tock was registered and
                                                                               21    traded in the
    e that will be used for the
                                                                               22    selection and
                                                                               23                      
    
                                                                               24               Section
    lass members must advise that
                                                                               25    "any member of the
    
    SNIPPETS:
  • Litig., No. C 00-04263 VRW, slip.
  • Corporation Securities Litig., 243 F.3d 722, 735 n.18 (3d Cir.
  • UNITED STATES DISTRICT JUDGE
  • 25 4 The origin of the twenty-five percent benchmark arose in a context other than
  • and involved a settlement of claims by a bankrupt condominium development association.
  • 26 district court decision, the Ninth Circuit stated "e note with approval that one court has
  • 28 Circuit made clear that the lodestar method or the percentage method could be used in
  • IN THE UNITED STATES DISTRICT COURT
  • LEAD PLAINTIFF
  • I have read and understand the Court's Order Re Lead Plaintiff Selection and Class
  • approving class counsel.
  • For the Northern District of California 17 United States District Court
  • taken to verdict, judgment or dismissal by the proposed lead counsel as lead trial counsel.
  • 20 state the reason.
  • Name all other individual lawyers who will have any substantial
  • by a court for any discovery violation, Rule 11 violation, or other ethical violation or been
  • Fee Proposal: Please complete the table appended hereto as "Fee Schedule
  • The Court will have to assess at the end of the case whether the amounts set forth
  • Time Records: Approved counsel must maintain time records that can be United States District
  • Expenses of Lead Counsel: Will you advance all reasonable expenses of the lead
  • FEES AS A PERCENTAGE OF TOTAL CLASS RECOVERY
  • Including After Motion
  • Dismiss Through and After Summary Verdict
  • project and breaking down all attorney and paralegal time sought to be recovered.
  • ABC DEPOSITION
  • 22 01-11-01 RST Prepare for and take deposition
  •    |