Anwar et al v. Fairfield Greenwich Limited et al

Filing 156

DECLARATION of Gregory M. Nespole, Esq. in Opposition re: #133 MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Counsel. MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s). MOTION to Appoint Securities & Investment Company Bahrain, Harel Insurance Company Ltd., AXA Private Management, St. Stephens School, and Pacific West Health Medical Inc., Employees Retirement Trust to serve as lead plaintiff(s)., #127 MOTION to Appoint Fairfield Investor Group to serve as lead plaintiff(s). MOTION to Appoint Counsel.. Document filed by The Knight Services Holdings Limited, Americas/SwissCo. Trusts. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Miness, Russell)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ANWAR et al. Plaintiffs, - against ­ FAIRFIELD GREENWICH LIMITED et al. Defendants. DECLARATION OF GREGORY M. NESPOLE, ESQ. IN FURTHER SUPPORT OF THE MOTION OF THE KNIGHT SERVICES HOLDINGS LIMITED AND THE AMERICAS/SWISSCO. TRUSTS FOR APPOINTMENT AS LEAD PLAINTIFFS OVER THE FEDERAL SECURITIES CLAIMS, THE SELECTION OF LEAD COUNSEL, AND IN OPPOSITION TO THE COMPETING APPLICATIONS Consolidated Case Docket No. 09 CV 00118 (VM) GREGORY M. NESPOLE, under penalty of perjury, hereby declares: 1. I am a member of Wolf Haldenstein Adler Freeman & Herz LLP. I make this Declaration in Further Support of the Motion of The Knight Services Holdings Limited and the Americas/SwissCo. Trusts for Appointment as Lead Plaintiffs Over the Federal Securities Claims, the Selection of Lead Counsel, and in Opposition to the Competing Applications. The matters set forth herein are stated within my personal knowledge. 2. Attached hereto are true and correct copies of the following documents: Exhibit 1: Hearing transcript in In Re Tremont Securities Law, State Law and Insurance Litigation, Case Number: 1:08-cv-11117 (TPG), dated March 19, 2009; and Exhibit 2: Order in In Re Tremont Securities Law, State Law and Insurance Litigation, signed by the Hon. Thomas P. Griesa, dated March 26, 2009. Dated: May 29, 2009 /s/ GREGORY M. NESPOLE

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