Free Affidavit - District Court of Delaware - Delaware

Case 1 :04-cv-00831-SLR Document 126 Filed 07/22/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE VERITAS SOFTWARE CORPORATION g
SECURITIES LITIGATION )
l Case N0. 04-CV-83l (SLR)
This Document Relates to: g
ALL ACTIONS )
AFFIDAVIT OF MICHAEL ROSENBAUM RE:
MAILING AND PUBLICATION OF NOTICE
AND REQUESTS FOR EXCLUSION
STATE OF NEW YORK )
COUNTY OF NASSAU g SS':
MICHAEL ROSENBAUM, being duly sworn, deposes and says:
l. I am Managing Director of Berdon Claims Administration LLC ("Berdon"), Claims
Administrator in the above-captioned action.
2. I submit this affidavit to describe the procedures employed by Berdon to insure that all
persons or entities that purchased or otherwise acquired securities of Veritas Software Corporation
("Veritas") during the period between April 23, 2003 and July 6, 2004, inclusive, and who were
damaged thereby (the "Class" and the "Class Period") were timely notified of the proposed settle-
ment ofthe class litigation and were provided with information for submitting a claim in connection
therewith. v
3. Pursuant to paragraph 4(a) ofthe Order Preliminarily Approving Settlement and Provid-
ing for Notice dated April I6, 2008 (the "Order"), the initial mailing ofthe Notice of Pendency and
Proposed Settlement of Class Litigation and the Proof of Claim and Release (collectively, the
"Notice"), annexed hereto as Exhibit A, was effected by Berdon via first-class mail on April 30,
2008. Copies of the Notice were mailed to 294 Veritas shareholders whose names and addresses
were contained in the transfer records maintained by BNY Mellon Shareholder Service and provided
to Berdon by the transfer agent, to I29 brokers, banks and other nominees on the Depository Trust

Case 1 :04-cv—00831-SLR Document 126 Filed 07/22/2008 Page 2 of 3
Company’s Participant Proxy Contact List and 480 specific research and/or compliance persomiel
of said brokers, banks and other nominees, identified from databases created and maintained by
Berdon, and to 2,138 financial institutions identified by Vickers Directory of Institutional Investors
as having purchased Veritas securities during the Class Period. Therefore, the total of the initial
mailing on April 30, 2008 amounted to 3,041 Notices.
4. Concurrently with the mailing ofthe Notice on April 30, 2008, Berdon posted the Notice
on its website at wwwberdonllp.com/claims.
5. Subsequent to the initial mailing on April 30, 2008, and up to and including this date,
Berdon has fumished an additional 69,095 copies ofthe Notice to banks, brokers and other nominees
for mailing to their beneficial owners, and to individual shareholders who requested copies; and we
mailed an additional 148,851 Notices directly to beneficial owners, using the names and addresses
furnished to our office as an altemative by some brokers, banks and other nominees, all in response
to written, telephoned and e—mailed requests, for a total subsequent mailing of 217,946 Notices.
6. In summaiy, as a result ofthe initial mailing of3,041 Notices on April 30, 2008 and our
subsequent mailing of2 17,946 Notices in response to all incoming requests, as ofthis date, Berdon
has mailed a total of220,987 Notices to members and potential members ofthe Class.
7. Moreover, Berdon has kept a record of Notices returned by the United States Postal
Service as undeliverable, and where forwarding addresses have been affixed to the retumed Notices,
this office has re-addressed and re—mailed them and will continue to do so. In this manner, we are
continuing to take all reasonable steps to insure that members and potential members of the Class
are provided with a copy ofthe Notice.
8. Pursuant to paragraph 4(b) ofthe Order, the Summary Notice was to be published in the
national edition of Investor ’s Business Daily and posted on PR Newswire not later than 14 days after
the mailing ofthe Notice. Under my direction and supervision, the firm of Elser & Aucone, Inc. was
engaged to effect the publication ofthe Sununary Notice in Investor 's Business Daily and its posting
on PR Newswire on May 14, 2008, and a copy of the Summary Notice in the fomis in which it
appeared on that date is annexed hereto as Exhibit B.
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Case 1 :04-cv—00831-SLR Document 126 Filed 07/22/2008 Page 3 of 3
9. Pursuant to paragraph 9 of the Order and section 13 on page I3 of the Notice, members
of the Class were given the right to exclude themselves from participating in the proposed Settle-
ments. As of this date, Berdon has received 4 requests for exclusion, copies of which are annexed
hereto as Exhibit C.
The foregoing statements are true and correct to the best of my knowledge, information and
behef

MICHAEL ROSENBAUM
Swom to before me this
2lst day of July, 2008
'
Notary Public
MARLENE Hunwifz
*~!OTARY PUBLIC, State ot New York
iira¤r:1cih4&li;,l;?i2coumy
Com23?—¤~n Expires April 30, pu.
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