Free Declaration in Opposition - District Court of California - California

Case 4:07-ov—02869—SBA Document 16 Filed 06/07/2007 Page 1 of 3
1 LAURENCE A WEISS (Bar No. 164638)
RYAN D. MARSH (Bar No. 237259)
2 HOLLY B. BAUDLER (Bar N0. 238843)
HELLER EHKMAN LLP
3 275 Middlefield Road
Menlo Park, Califomia 94025-3506
4 Telephone: (650) 324-7000
Facsimile: (650) 324-0638
5 Laurence.Weiss([email protected]
Ryan.Marsh@he lerehrmancom
6 [email protected]
7 Attorneys for Defendant
fiiendlyway AG
8
9 UNITED STATES DISTRICT COURT
10 NORTHERN DISTRICT OF CALIFORNIA
11 OAKLAND DIVISION
1 2 ‘
13 PSI CORPORATION (f/k/a Case No. 07-02869 SBA
F RIENDLYWAY CORPORATION
14 i`/wa BIOFARM, mc.)
DECLARATION OF HOLLY BAUDLER
15 Plaintiff, IN SUPPORT OF DEFENDANT
F RIEN DLYWAY AG’S OPPOSITION
16 v. TO PLAINTIFF’S MOTION FOR
TEMPORARY RESTRAININ G ORDER
17 ALEXANDER VON WELCZECK,
HENRY LO, MICHAEL DRAPER, and
18 FRIENDLYWAY AG, Judge: Hon. Saundra B. Amistrong
Time:
19 Defendants. Complaint filed: June l, 2007
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4 DECLARATION o1= HOLLY BAUDLER in suvpom OF opposmow TO PLAlNTIFF’S Motion Foiz mo
CASE NO. 07-02869 SBA

Case 4:07-cv—02869—SBA Document 16 Filed 06/07/2007 Page 2 of 3
1 I, Holly Baudler, hereby declare as follows:
2 l. I am a member in good standing of the Bar of the State of California and I am
3 an associate at Heller Ehrman LLP, counsel for Defendant friendlyway AG. Except where
. 4 stated on information and belief, I have personal knowledge of the facts set forth in this
5 declaration and if called as a witness, I could and would testify competently thereto.
6 2. Attached as Exhibit l is a true and correct copy of Biofarm, Inc.’s report on
7 Form l0—QSB filed with the Securities and Exchange Commission ("SEC") on September
8 14, 2004.
9 3. Attached as Exhibit 2 is a true and correct copy of Biofarm, Inc.’s report on
10 Form l0-KSB tiled with the SEC on February I4, 2005.
11 4. Attached as Exhibit 3 is a true and correct copyof the Report on Form 8-K
12 filed with the SEC by FW Corp. on April 22, 2005.
13 5. Attached as Exhibit 4 is a true and correct copy of the Report on Form 8-K
14 tiled with the SEC by PSI on October l0, 2006.
15 6. Attached as Exhibit 5 is a true and correct copy of friendlyway Corp.’s ("FW
16 Corp.") Proxy Statement Pursuant to Section l4(a) of the Securities Exchange Act of 1934
17 filed with the SEC on June l, 2005.
18 7. Attached as Exhibit 6 is a true and correct copy of freindlyway AG’s amended
19 statement on Schedule l3D filed with the SEC on May 27, 2005.
20 8. Attached as Exhibit 7 is a true and correct copy of historical stock price data
21 from finance.yahoo.com indicating lBiofarm, Inc.’s closing price on December l0, 2004.
22 9. Attached as Exhibit 8 are true and correct copies ofBiofarm, Inc.’s and FW -
23 Corp.’s Reports on Form 8-K tiled with the SEC on April ll, 2005, June 13, 2005,
24 September 9, 2005 and September 20, 2005. I
25 l0. Attached as Exhibit 9 are true and correct copies of FW Corp.’s Reports on
26 Form 8-K filed with the SEC on June 29, 2005, September 20, 2005 and October 20, 2005.
27 ll. Attached as Exhibit I0 is a true and correct copy of FW Corp.’s Report on
28 Form 8-K filed with the SEC on May 3, 2006.



Case 4:07-cv—02869—SBA Document 16 Filed 06/07/2007 Page 3 of 3
1 A 12. Attached as Exhibit 11 is a true and correct copy of F W Corp.’s Report on
2 Forin 8-K tiled with the SEC on August 15, 2006.
3 13. Attached as Exhibit 12 is a true and correct copy of F W Corp.’s Report on
4 Forrn 8-K tiled with the SEC on August 10, 2006.
5 14. Attached as Exhibit 13 is a true and correct copy of EW Corp.’s Report on
6 Form 8-K filed with the SEC on August 25, 2006.
7 15. Attached as Exhibit 14 is a true and correct copy of PSI Corporation’s (“PSI”)
8 Report on Form 8-K tiled with the SEC on November 9, 2006.
A 9 16. Attached as Exhibit 15 is a true and correct copy of historical stock price data
10 obtained from fnance.yahoo.com for FW Corp. (now PSI) from April 27, 2006 through
1 1 December 20, 2006.
12 17. Attached as Exhibit 16 is a true and correct copy of PSI’s Report on Form 8-K
13 filed with the SEC on January 24, 2007.
14 18. Attached as Exhibit 17 is a true and correct copy of historical stock price data
15 obtained from finance.yahoo.com for PSI from January 16, 2007 through May 23, 2007 and
16 for June 5, 2007, which appears to be the most recent trade recorded.
17 19. Attached as Exhibit 18 is a true and correct copy of a printout of PSI's stock
18 price and volume for the time period May 2, 2007 to June 6, 2007. I reached this data
19 provider by following the link contained on Pantel's own website, on its investor relations
20 page.
21 I declare under penalty of perjury of the laws of the United States of America that the
22 foregoing is true and correct.
ij Executed on June 7, 2007. ( Uyf
25 Holly Baudler
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