Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 FRIED, FRANK, HARRIS, SHRIVER
& JACOBSON LLP
2 DANIEL E. LOEB
JOSEPH L. LOBUE
3 1001 Permsylvania Avenue, N.W.
Washington, D.C 20004
4 (202) 639-7062
5 Counsel for Defendants eFunds and Thomas S. Liston
6 UNITED STATES DISTRICT COURT
7 DISTRICT OF ARIZONA
g Harvey L. Poppel, : Case No. CV—03-1915-PHX-JWS
individually and on behalf of all :
9 other persons similarly situated, : Class Action
10 Plaintiff DECLARATION OF JOSEPH J.
’ ' LOBUE RE: NOTICE OF PENDENCY
11 Z OF CLASS ACTION AND PROOF OF
12 vs. : CLAIM AND RELEASE
13 eFunds Corporation; 7’ 2006
John A. Blanchard III; ; O · TRbOl;‘if“Th H bl J hn
14 Paul H. Bristow; and : C UR ' WGS EHQI; 6 O
15 Thomas S. Liston, : ‘ C WIC
16 Defendants.
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Case 2:03-cv-01915-JWS Document 93-4 Fuoon 04/os/2006 Page 1’“o‘1"2"“°1°‘"6"6·‘

1 I, JOSEPH J. LOBUE, declare as follows:
2 1. I am an attorney associated with the law finn of Fried, Frank, Harris, Shriver & Jacobson
3 LLP, Counsel for Defendants eFunds Corporation and Thomas S. Liston in the above-captioned action
4 (the "Action"). I submit this declaration in order to provide the Court and the parties to the Action with
5 information regarding the provision ofthe Notice of Pendency of Class Action and Proof of Claim and
6 Release to the Class. I have knowledge of the facts stated herein.
7 2. The Preliminary Order for Notice and Hearing in Connection with Settlement
8 Proceedings dated January 13, 2006 (the "Preliminary Order") directed eFunds Corporation to mail the
9 Notice of Pendency of Class Action and Proof of Claim and Release to the Class by January 20, 2006.
10 eFunds Corporation retained Georgeson Shareholder and Computershare (formerly known as
1 1 Equiserve, Inc.) to conduct the mailing. During the period between J anuary 16, 2006 and January 20,
12 2006, Georgeson and Computershare mailed a total of two-thousand, one himdred and sixty—eight
13 (2,168) copies ofthe Notice of Pendency of Class Action and Proof of Claim and Release to the record
14 owners of eFunds stock purchased during the Class Period. Georgeson Shareholder and Computershare
15 provided an additional thirty-one thousand, three hundred and thirty (31,330) copies of the Notice of
16 Pendency of Class Action and Proof of Claim and Release to brokerage firms as nominee owners of
17 eFunds stock for beneficial owners at the request of such nominee owners.
18 3. The Preliminary Order further directed eFunds Corporation to cause the Summary
19 Notice of Pendency of Class Action, Proposed Settlement and Settlement Hearing (the "Summary
20 Notice") to be published in the national edition of Investor’s Business Daily. The Summary Notice was
21 published in the national edition of Investor’s Business Daily on January 27, 2006. I
22 I declare under penalty of peijury that the above is true and correct to the best of my knowledge
23 and belief Executed this 3rd day of April, 2006, at Washington, D.C.
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SE LOBUE
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case 2:03-cv-01915-JWS Document os-4 Filed 04/03/2006 Page é“5‘%‘§°"“°j°“’6’""

Case 2:03-cv-01915-JWS

Document 93-4

Filed 04/03/2006

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Case 2:03-cv-01915-JWS

Document 93-4

Filed 04/03/2006

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