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SAFIER DECL IN SUPP OF 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-04595 (PJH)

GUTRIDE SAFIER LLP Seth A. Safier (State Bar No. 197427) Michael R. Reese (State Bar No. 296773) 835 Douglass Street San Francisco, California 94119 Telephone: (415) 336-6545 Facsimile: (415) 876-4345 Proposed Plaintiffs’ Liaison Counsel BROWER PIVEN A Professional Corporation David A.P. Brower (pro hac vice admission pending) 388 Madison Avenue – 8th Floor Eighth Floor New York, New York 10022 Telephone: (212) 501-9000 Facsimile: (212) 501-0300 Proposed Plaintiffs’ Lead Counsel

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

MARGARET KOVARIK, Individually And On Behalf Of All Others Similarly Situated, Plaintiff, vs. FOXHOLLOW TECHNOLOGIES, INC.; JOHN B. SIMPSON; MATTHEW B. FERGUSON; and. DOES 1-100 Defendants.

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Case No.: 3:06-CV-04595 (PJH) DECLARATION OF SETH A. SAFIER IN SUPPORT OF 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 1, 2006 TIME: 9:00 a.m. CTRM: Courtroom 3, 17th Floor JUDGE: Honorable Phyllis J. Hamilton

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SAFIER DECL IN SUPP OF 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-04595 (PJH) -1-

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, 2006.

4. 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 September 26, 2006 in San Francisco, California.

/s/ Seth A. Safier

Seth A. Safier

EXHIBIT 1

EXHIBIT 1 Eli Anker Victor Hass Matthew Roberts

EXHIBIT 2

EXHIBIT 3

EXHIBIT 4

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. 05-04518 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 07527 (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: on-line 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.

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.

EXHIBIT 5

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.

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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

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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

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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., 1975). Mr. Piven

graduated from the University of Miami Law School, and was admitted to both the

Florida (though currently inactive) and Maryland bars, in 1978. 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

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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.