Free Motion to Appoint Counsel - District Court of California - California

Case 3:07-cv-02297-BTM-NLS

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Filed 01/28/2008

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Joseph J. Tabacco, Jr. (75484) Email: [email protected] Nicole Lavallee (165755) Email: [email protected] Julie J. Bai (227047) Email: [email protected] BERMAN DeVALERIO PEASE TABACCO BURT & PUCILLO 425 California Street, 21st Floor San Francisco, CA 94104 Telephone: (415) 433-3200 Facsimile: (415) 433-6382 Attorneys for Proposed Lead Plaintiff Louisiana Municipal Police Employees' Retirement System

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) HCL PARTNERS LIMITED PARTNERSHIP, ) No. 07-CV-02245-BTM-NLS ) on behalf of itself and all others similarly ) CLASS ACTION situated, ) ) NOTICE OF MOTION AND MOTION Plaintiff, ) OF LOUISIANA MUNICIPAL POLICE ) EMPLOYEES' RETIREMENT SYSTEM v. ) TO CONSOLIDATE RELATED LEAP WIRELESS INTERNATIONAL, INC., ) ACTIONS, FOR APPOINTMENT AS ) LEAD PLAINTIFF AND FOR S. DOUGLAS HUTCHESON, DEAN M. ) APPROVAL OF LEAD PLAINTIFF'S LUVISA, AMIN I. KHALIFA and ) SELECTION OF LEAD COUNSEL PRICEWATERHOUSECOOPERS, LLP, ) ) DATE: March 28, 2008 Defendants. ) TIME: 11:00 a.m. ) CTRM: Courtroom 15 (5th Fl.) ) ) PER CHAMBERS, NO ORAL ARGUMENT ) UNLESS REQUESTED BY COURT. ) CAPTION CONTINUES ON NEXT PAGE

[07cv2245] NOT OF MOT & MOT TO CONSOLIDATE AND FOR APPT AS LEAD PLTF

Case 3:07-cv-02297-BTM-NLS

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) ) ) ) Plaintiff, ) ) v. ) ) LEAP WIRELESS INTERNATIONAL, INC., ) S. DOUGLAS HUTCHESON, MARK H. ) RACHESKY, AMIN I. KHALIFA, GLENN ) ) UMETSU and DEAN M. LUVISA, ) ) Defendants. ) ) DEVAY CAMPBELL, Individually and on ) behalf of all others similarly situated, ) ) Plaintiff, ) ) v. ) ) LEAP WIRELESS INTERNATIONAL, INC., ) S. DOUGLAS HUTCHESON, MARK H. ) RACHESKY, AMIN I. KHALIFA, GLENN ) UMETSU and DEAN M. LUVISA, ) ) Defendants. ) ) KENT CARMICHAEL, Individually and on ) behalf of all others similarly situated, ) ) Plaintiff, ) ) v. ) ) LEAP WIRELESS INTERNATIONAL, INC., ) S. DOUGLAS HUTCHESON, MARK H. ) RACHESKY, AMIN I. KHALIFA, and DEAN ) M. LUVISA, ) ) Defendants. ) ) FRANK CHAREK, Individually and on behalf of all others similarly situated, TO:

No. 07-CV-2256-BTM-NLS CLASS ACTION

No. 07-CV-2297-BTM-NLS CLASS ACTION

No. 08-CV-0128-BTM CLASS ACTION

ALL PARTIES AND THEIR COUNSEL OF RECORD PLEASE TAKE NOTICE that on March 28, 2008, at 11:00 a.m., or as soon thereafter as

this matter may be heard in the courtroom of the Honorable Barry Ted Moskowitz, located at Courtroom 15, 5th Floor, 940 Front Street, San Diego, California, 92101-8900, Louisiana Municipal Police Employees' Retirement System ("MPERS") will move this Court pursuant to [07cv2245] NOTICE OF MOTION AND MOTION FOR CONSOLIDATION AND APPOINTMENT AS LEAD PLAINTIFF

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Case 3:07-cv-02297-BTM-NLS

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Section 21D(a)(3)(B) of the Securities Exchange Act of 1934 (the "Exchange Act"), as amended by the Private Securities Litigation Reform Act of 1995 (the "PSLRA"), 15 U.S.C. § 78u4(a)(3)(B), for an Order: (a) (b) consolidating all related actions; appointing MPERS as Lead Plaintiff for a class (the "Class") of investors in the publicly traded securities of Leap Wireless International, Inc.("Leap" or the "Company"); and (c) approving Berman DeValerio Pease Tabacco Burt & Pucillo ("Berman DeValerio") as Lead Counsel for the Class. This motion is made on the grounds that MPERS, an institutional investor, is the most adequate plaintiff, as defined by the PSLRA, based on its losses of approximately $132,375.00 which were suffered as a result of defendants' wrongful conduct as alleged in the above referenced actions and as discussed in the accompanying Memorandum of Points and Authorities in Support of the Motion of MPERS to Consolidate Related Actions, For Appointment as Lead Plaintiff and for Approval of its Selection of Lead Counsel ("Memorandum of P&A"). Further, MPERS

satisfies the requirements of Rule 23(a) of the Federal Rules of Civil Procedure, as its claims are typical of those of the other members of the proposed Class, and it will fairly and adequately represent the Class. In addition, MPERS has selected and retained counsel with extensive

experience in successfully prosecuting securities fraud class actions to serve as Lead Counsel for the Class. This motion is also made on the grounds that consolidation is proper since the actions involve common questions of law and fact. /// /// ///

[07cv2245] NOTICE OF MOTION AND MOTION FOR CONSOLIDATION AND APPOINTMENT AS LEAD PLAINTIFF

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This motion is based upon this Notice, the attached Memorandum of P&A, the Declaration of Nicole Lavallee, the Certification of R. Randall Roche, the pleadings and other files herein and such other written and oral arguments as may be presented to the Court. Dated: January 28, 2008 BERMAN DeVALERIO PEASE TABACCO BURT & PUCILLO By: /s/ Nicole Lavallee NICOLE LAVALLEE

Joseph J. Tabacco, Jr. Julie B. Bai 425 California Street, Suite 2100 San Francisco, CA 94104-2205 Telephone: 415-433-3200 Attorneys for Proposed Lead Plaintiff Louisiana Municipal Police Employees' Retirement System

[07cv2245] NOTICE OF MOTION AND MOTION FOR CONSOLIDATION AND APPOINTMENT AS LEAD PLAINTIFF

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