UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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1 GUTRIDE SAFIER LLP Seth A. Safier (State Bar No Michael R. Reese (State Bar No Douglass Street San Francisco, California Telephone: ( Facsimile: ( Proposed Plaintiffs Liaison Counsel BROWER PIVEN A Professional Corporation David A.P. Brower (pro hac vice admission pending 388 Madison Avenue 8 th Floor Eighth Floor New York, New York Telephone: ( Facsimile: ( Proposed Plaintiffs Lead Counsel JAMES KELLY, individually and on behalf of all those similarly situated, vs. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Plaintiff, FOXHOLLOW TECHNOLOGIES, INC.; JOHN B. SIMPSON; MATTHEW B. FERGUSON; and. DOES 1-10 SAN FRANCISCO DIVISION Defendants. Case No.: 3:06-CV (PJH DECLARATION OF SETH A. SAFIER IN SUPPORT OF AMENDED MOTION FOR CONSOLIDATION AND MOTION OF ELI ANKER, MATTHEW ROBERTS AND VICTOR HASS FOR APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF DATE: November 15, 2006 TIME: 9:00 a.m. CTRM: Courtroom 3, 17th Floor JUDGE: Honorable Phyllis J. Hamilton SAFIER DECL IN SUPP OF AMENDED MTN OF ANKER, ROBERTS AND HASS FOR CONSOLIDATION AND GROUP FOR APPT AS LEAD PLF AND SELECTION OF LEAD COUNSEL Case No.: 3:06-CV (PJH

2 I, Seth A. Safier, hereby declare as follows: 1. I am a member of the law firm of Gutride Safier LLP ( Gutride Safier. I submit this declaration in support of the Motion of Eli Anker, Matthew Roberts and Victor Hass for Consolidation and Appointment As Lead Plaintiff And Approval Of Selection Of Lead Counsel And Liaison Counsel. 2. Attached hereto as Exhibit 1 is a list of the members of the Movant Group. 3. Attached hereto as Exhibit 2 is a true and accurate copy of the PSLRA notice published by the plaintiff in the above-captioned action on Business Wire on July 28, Attached hereto as Exhibit 3 are true and accurate copies of the Movant Group members PSLRA certifications. 5. Attached hereto as Exhibit 4 is a true and accurate copy of the firm resume of Gutride Safier LLP. 6. Attached hereto as Exhibit 5 is a true and accurate copy of the firm resume of Brower Piven, a Professional Corporation. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed October 6, 2006 in San Francisco, California /s/ Seth A. Safier Seth A. Safier SAFIER DECL IN SUPP OF AMENDED MTN OF ANKER, ROBERTS AND HASS FOR CONSOLIDATION AND GROUP FOR APPT AS LEAD PLF AND SELECTION OF LEAD COUNSEL Case No.: 3:06-CV (PJH -1-

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4 EXHIBIT 1 Eli Anker Victor Hass Matthew Roberts

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16 GUTRIDE SAFIER LLP Attorneys-at-Law Gutride Safier LLP represents shareholders, consumers and employees in high-profile class action litigation throughout the United States. Gutride Safier LLP was founded in 2005 by Adam M. Gutride and Seth A. Safier and joined in 2006 by Michael R. Reese, all lawyers with outstanding credentials. Gutride Safier LLP currently is the sole lead counsel appointed by the court in Siemers v. Wells Fargo, et al. No WHA (N.D. Cal. to represent shareholders against Wells Fargo for alleged violations of 10(b of the Securities and Exchange Act of 1934, among other claims. Recent victories on behalf of investors by Mr. Reese, who heads the securities practice at Gutride Safier LLP, against companies for violation of the federal securities laws include a $215 million recovery for shareholders against Sears, Roebuck & Co. in In re Sears, Roebuck & Co. Sec. Litig., No. 02 C (N.D. Ill. and a $100 million dollar recovery for shareholders in In re American Express Financial Advisors Sec. Litig., No. 1:04-CV-1773 (S.D.N.Y. Gutride Safier LLP also has been appointed as lead counsel to represent consumers in a number of nationwide class actions pending both in state and federal court. Recent cases include alleged violation of various consumer fraud laws for, among other products: online DVD rentals; computer hard drives; flash memory chips; and, on-line hotel bookings. The Partners of Gutride Safier LLP Adam M. Gutride Mr. Gutride received his Juris Doctor from Yale Law School and his Bachelor of Arts from the University of Chicago. Before founding Gutride Safier LLP with Mr. Safier, Mr. Gutride served as in-house counsel to an Internet company. Previously, Mr. Gutride worked as a litigator in the San Francisco firm of Orrick, Herrington & Sutcliffe, where he handled complex cases involving governmental affairs, patent infringement, securities, real estate, employment discrimination and other matters. Mr. Gutride is a member of the California state bar and numerous federal courts. Mr. Gutride has served as an instructor at the Hastings Law School of the University of California and on the boards of directors of several Bay Area non-profit organizations.

17 Seth A. Safier Mr. Safier received his Juris Doctor from Harvard Law School and his Bachelor of Arts from Brandeis University. Before founding Gutride Safier LLP with Mr. Gutride, Mr. Safier served as in-house counsel to an Internet company. Previously, Mr. Safier worked as a litigator in the San Francisco firm of Orrick, Herrington & Sutcliffe, where he handled complex cases involving governmental affairs, patent infringement, securities, real estate, employment discrimination and other matters. Mr. Safier is a member of the California State Bar and numerous federal courts. Mr. Safier has served as an instructor at the Hastings Law School of the University of California and on the boards of directors of several Bay Area non-profit organizations. Michael R. Reese Mr. Reese received his juris doctorate from the University of Virginia and his bachelor s degree from New College. Prior to joining Gutride Safier LLP, Mr. Reese was a partner at Milberg Weiss LLP where he had worked since 2000 and served as lead counsel on a number actions for violation of the federal securities laws. Previously, Mr. Reese served as an assistant district attorney at the Manhattan District Attorney's Office where he served as a trial attorney in prosecuting both violent and white-collar crime. Mr. Reese is a member of the state bars of New York and California as well as numerous federal courts.

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19 BROWER PIVEN A Professional Corporation Brower Piven, with offices in New York City and Baltimore, Maryland, and its partners serves or has served as lead or co-lead counsel in numerous actions in the state and federal courts throughout the United States. The attorneys of Brower Piven have vast experience in the fields of representative shareholder, and class action securities, antitrust, consumer protection, environmental and RICO litigation. The attorneys of Brower Piven are as follows: David A.P. Brower is a graduate of Columbia College of Columbia University (AB, 1979, and the Georgetown University Law Center (JD, 1982, and he attended King s College, University of London (1980, where he studied comparative, international and EC transactional law. Mr. Brower regularly lectures before professional organizations on class action, shareholder, securities, and investor rights and law, including the American law Institute/American Bar Association Advanced Course of Study Program, the Practicing Law Institute, and the New York State Bar Association. Mr. Brower also writes regularly on class action procedures and new issues in class action jurisprudence and the federal securities laws. Mr. Brower is a long time member of the New York State Bar Association Subcommittee on Class Actions, has participated as a member of the executive committee of the National Association of Securities and Commercial Law Attorneys, and has actively participated in legislative initiatives relating to the form and adoption of both the Private Securities Law Reform Act of 1995 and the Class Action Fairness Act of 2005.

20 Mr. Brower has over 25 years of complex litigation experience. Mr. Brower has successfully represented plaintiffs in class action securities, commodities, consumer protection, environmental, antitrust and RICO actions, and representative shareholder derivative and take-over litigation. Mr. Brower, who has been admitted to practice before the United States Supreme Court, the United States Courts of Appeals First, Second, Third, Fourth Fifth Sixth, Seventh and Eleventh Circuits, and innumerable federal and state trial courts, has participated in the prosecution as lead or co-lead counsel of federal securities actions against Petro-Lewis Corporation, Imperial Chemical Corporation, Fifth Third Bancorp, Southmark Corporation, Ideal Basic Industries, Inc., Engelhard Corporation, Sunrise Savings & Loan, Phillip Morris Companies, China Life Insurance Company, Bausch & Lomb, Claus Corporations, Michael Stores, Inc., Bank America, Fleming Companies, Xerox Corporation, American Power Conversion, Consumers Power Company, Broadwing/Cincinnati Bell, and Compaq Computer Corp; Computer Associates; merger litigation on behalf of public shareholders of Sheller Globe, Petro-Lewis, Ideal Basic, Home Shopping Network, MCA, Holly Sugar, Great Bay Casino Corporation; and shareholder derivative actions on behalf of shareholders of Fairchild Corporation, Marsh & McLennan Companies and Merrill Lynch & Company. For the past two years, Mr. Brower has served as the co-lead and one of the attorneys with primary day-to-day responsibility for the prosecution of the securities fraud claims in the In re Merck & Co, Securities, Derivative & ERISA Litigation, an action involving one of the largest investor market losses in history. Additionally, Mr. Brower has for the past three years, had primary responsibility for the class certification issues in the In re Initial Public Offering Securities Litigation, which is among the largest 2

21 and most complex consolidated securities litigations ever prosecuted, involving 309 consolidated cases. Mr. Brower also served as liaison counsel in the In re Sotheby s Securities Litigation, which resulted in a recovery of over $75 million for Sotheby s investor. Mr. Brower has also served as lead or co-lead counsel in consumer protection actions, against, among others, Aventis Cropscience, Compaq Computer Corp, Jefferson- Pilot Insurance Company, Sprint Wireless, and Metropolitan Life Insurance. In the field of antitrust, Mr. Brower acted as lead counsel in litigation against Monsanto Company and Pioneer Seed Company, and has actively participated in the In re Initial Public Offering Antitrust Litigation, which was recently sustained by the United States Court of Appeal for the Second Circuit. In the area of environmental law and protection, Mr. Brower has served as one of the lead attorneys in pollution actions against chicken producers in Oklahoma against, among others, Tyson Foods, and counsel in pork producer nuisance actions against Contigroup (formerly Continental Grain and Premium Standard Farms, which recently resulted in verdicts in favor of neighboring plaintiff landowners. Mr. Brower has for the past two years also represented a class of hospitals in litigation against Tenet Hospitals Corporation relating to claims that the defendant s conduct resulted in class member hospitals failing to receive full reimbursement from Medicare. Mr. Brower has also represented directors and officers of public companies in securities class actions, advised boards of directors on fiduciary responsibilities, and provided opinions as special counsel under Delaware law to public companies, including 3

22 MGM/UA; represented insurances and reinsurance companies in coverage litigation, including matters involving Hilton Hotels Corporation, Johns Manville Company and Pepsico, Inc.; represented and advised commodities dealers and brokers in connection with Commodities Futures Trading Commission reparations actions; represented foreign corporations in United States litigation, including one of Japan s largest electronics, and international hotel and resort companies in litigation against its American counsel and investment advisors, a Brazilian trust holding claims for one of Brazil s largest telecommunications companies; and defending a large, Florida-base national mortgage brokerage company in class action litigation brought under the Truth In Lending Act. Charles J. Piven is a graduate of Washington University (B.A., Mr. Piven graduated from the University of Miami Law School, and was admitted to both the Florida (though currently inactive and Maryland bars, in Since then, Mr. Piven has been involved in commercial litigation, medical and legal malpractice litigation, securities arbitrations and other complex business, tort and tax litigation (before state, federal and the United States Tax courts. In addition, Mr. Piven has participated in representing clients in consumer and securities class action cases and derivative cases since the mid-1980 s, having represented clients in over 500 of such cases and having obtained, with co-counsel, recoveries valued in excess of $3 billion. Marshall N. Perkins is a graduate of the University of Maryland, College Park. Mr. Perkins graduated magna cum laude from the University of Baltimore School of Law in 1997, where he was a staff editor for, and the author of several articles published in, the University of Baltimore Law Forum. After receiving his law degree in May, 1997, Mr. Perkins served as law clerk to the Honorable Irma S. Raker of the Court of Appeals 4

23 of Maryland. Mr. Perkins has practiced in the areas of consumer class action, professional negligence, securities litigation and other complex tort litigation. Mr. Perkins is a member of the Maryland bar, the bar of the United States District Court for the District of Maryland, and the United States Court of Appeals for the Fourth Circuit. 5