In re Herald, Primeo and Thema Funds Securities Litigation

Filing 21

DECLARATION of Timothy J. Burke, Esq. in Support re: #19 MOTION to Appoint Repex Ventures S.A. and Radovan Fijember to serve as lead plaintiff(s) and Approving Selection of Lead Counsel.. Document filed by Repex Ventures S.A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Burke, Timothy)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK REPEX VENTURES S.A., on Behalf of Itself and All Others Similarly Situated, Plaintiff, v. BERNARD L. MADOFF; BANK MEDICI S.A.; SONJA KOHN; PETER SCHEITHAUER; HERALD USA FUND; HERALD LUXEMBURG FUND; BANK AUSTRIA CREDITANSTALT; UNICREDIT S.A.; PRIMEO SELECT FUND; PRIMEO EXECUTIVE FUND; PIONEER ALTERNATIVE INVESTMENTS; THEMA INTERNATIONAL FUND PLC; ERNST & YOUNG S.A., AND HSBC SECURITIES SERVICES, S.A., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 09-CV-289-RMB CLASS ACTION ECF CASE

DECLARATION OF TIMOTHY J. BURKE IN SUPPORT OF THE MOTION OF THE REPEX GROUP FOR APPOINTMENT AS LEAD PLAINTIFF PURSUANT TO § 21D(a)(3)(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND APPROVAL OF SELECTION OF LEAD COUNSEL

I, Timothy J. Burke, hereby declare: 1. I am an attorney at the law firm of Stull, Stull & Brody. I submit this Declaration

in support of the motion of the Repex Group for consolidation, appointment as lead plaintiff and approval of selection of Stull, Stull & Brody as Lead Counsel. 2. Attached hereto as Exhibit A is a true and correct copy of the notice of pendency

published over Business Wire, a national, business-oriented news wire service, on January 12, 2009. 3. Attached hereto as Exhibit B is a true and correct copy of the plaintiff

certifications executed on behalf of Repex Ventures S.A. and Radovan Fijember, which demonstrate Movant's class standing and requisite financial interest in the outcome of the litigation. 4. Attached hereto as Exhibit C is a true and correct copy of Stull, Stull &

Brody's firm résumé. Signed under penalties of perjury this 13th day of March, 2009.

By:

. s/ Timothy J. Burke Timothy J. Burke (Admitted Pro Hac Vice) STULL, STULL & BRODY 10940 Wilshire Boulevard, Suite 2300 Los Angeles, CA 90024 Tel: [phone] Fax: [phone]

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