In re Herald, Primeo and Thema Funds Securities Litigation

Filing 324

DECLARATION of S. Douglas Bunch in Opposition re: #252 JOINT MOTION to Dismiss.. Document filed by Shmuel Cabilly, Neville Seymour Davis, Repex Ventures S.A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bunch, Stephen)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE HERALD, PRIMEO AND THEMA
FUNDS SECURITIES LITIGATION
This document relates to: All actions.

File No:
09 Civ. 0289 (RMB) (HBP)

DECLARATION OF S. DOUGLAS BUNCH IN SUPPORT OF
LEAD PLAINTIFFS’ MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS’
JOINT MOTION TO DISMISS AND IN FURTHER SUPPORT OF PLAINTIFFS’
MOTION FOR LEAVE TO AMEND
I, S. Douglas Bunch, hereby declare the following under penalty of perjury:
1.

I am an attorney admitted to practice in this District and counsel for Lead Plaintiff

Dr. Shmuel Cabilly, Plaintiff Korea Exchange Bank, and the Class.

I am submitting this

declaration in support of Lead Plaintiffs’ memorandum of law in opposition to Defendants’ joint
motion to dismiss and in further support of Plaintiffs’ motion for leave to amend.
2.

Attached hereto are true and correct copies of the following documents:
Exhibit A:

Brief for the Attorney General of the State of New York as Amicus
Curiae in Barron v. Igolnikov, No. 10-1387-cv (2d Cir. Aug. 13,
2010);

Exhibit B:

The Rico Statement from Picard v. Kohn, Adv. Pro. No. 10-05411
(Bankr. S.D.N.Y. Dec. 10, 2010); and

Exhibit C:

Proposed Second Amended Complaint, attached as Exhibit 1 to the
Declaration of Timothy S. Pfeifer in Support of the Trustee’s
Opposition to the Motions to Dismiss (Dkt. No. 54-1) in Picard v.
Kohn, No. 11-cv-01181 (S.D.N.Y. Aug. 29, 2011) .

The foregoing is true to the best of my knowledge.
Dated: September 30, 2011
/s/ S. Douglas Bunch
S. Douglas Bunch