filed a complaint. CONTACT: Milberg Weiss Bershad Hynes & Lerach LLP William Lerach, 800/449-4900 wsl£mwbhl.com Douglas Declaration at Exhibit 3. There is no dispute that the plaintiff filed the notice within 20 days of filing the complaint or that the moving class members moved for appointment as lead plaintiffs and approval of their attorneys as lead plaintiffs’ counsel within 60 days of publication of the notice. The plaintiff published the notice on the same date it filed the Complaint and the moving parties filed their motion 60 days later on October 30, 2000. Nor is it disputed that the Business Wire is a widely circulated national business-oriented publication or wire service within the meaning of the Act. See In re Nice Systems, 188 F.R.D. at 216 and n. 8 (citations omitted) (<HOLDING>). Additionally, the Court considered the motion
holding such service satisfies due process holding that rule 9bs heightened pleading requirement applies to allegations of mail and wire fraud used as predicate acts for a rico claim holding that wire and mail fraud statutes are construed identically holding that the business wire satisfies the acts widely circulated businessoriented wire service requirement holding that in the context of mail and wire fraud a plaintiff must have justifiably relied to his detriment on the defendants material misrepresentations