Pension Trust Fund For Operating Engineers v. DeVry Education Group, Inc. et al

Northern District of Illinois, ilnd-1:2016-cv-05198

Declaration of Kenneth A. Wexler

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Case: 1:16-cv-05198 Document #: 24-1 Filed: 07/12/16 Page 1 of 3 PageID #:144 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION PENSION TRUST FUND FOR OPERATING ENGINEERS, Individually and on Behalf of All No. 1:16-CV-05198 Others Similarly Situated, Hon. Jorge L. Alonso Plaintiff, v. DEVRY EDUCATION GROUP, INC., DANIEL HAMBURGER, RICHARD M. GUNST, AND TIMOTHY J. WIGGINS, Defendants. DECLARATION OF KENNETH A. WEXLER IN SUPPORT OF THE MOTION OF THE UTAH RETIREMENT SYSTEMS FOR APPOINTMENT AS LEAD PLAINTIFF AND APPROVAL OF ITS SELECTION OF COUNSEL Case: 1:16-cv-05198 Document #: 24-1 Filed: 07/12/16 Page 2 of 3 PageID #:145 I, Kenneth A. Wexler, do hereby declare under the penalty of perjury pursuant to 28 U.S.C. § 1746, that the foregoing is true and correct: 1. I am an attorney licensed to practice law in the state courts serving the State of Illinois, and am admitted to practice before this Court. I am a partner in the law firm of Wexler Wallace LLP, which is the Utah Retirement Systems' proposed Liaison Counsel for the class in the above-captioned action. 2. I submit this Declaration in support of the Motion of the Utah Retirement Systems for Appointment as Lead Plaintiff and Approval of its Selection of Counsel. 3. Attached hereto as Exhibit A is a true and correct copy of the signed Certification of the Utah Retirement Systems, setting forth its transactions in DeVry Education Group, Inc. common stock between February 4, 2011 and January 27, 2016. 4. Attached hereto as Exhibit B is a true and correct copy of the calculation of the Utah Retirement Systems' investment losses in DeVry Education Group, Inc. common stock between February 4, 2011 and January 27, 2016. 5. Attached hereto as Exhibit C is a true and correct copy of the first notice of pendency of the above-captioned action, as published May 13, 2016, on Marketwired. 6. Attached hereto as Exhibit D is a true and correct copy of the Firm Biography of Spector Roseman Kodroff & Willis, P.C. 7. Attached hereto as Exhibit E is a true and correct copy of the Firm Biography of Wexler Wallace LLP. EXECUTED on the 12th day of July, 2016. /s/ Kenneth A. Wexler Kenneth A. Wexler 1 Case: 1:16-cv-05198 Document #: 24-1 Filed: 07/12/16 Page 3 of 3 PageID #:146 CERTIFICATE OF SERVICE I hereby certify that on July 12, 2016, I caused the foregoing to be filed with the Clerk of the Court using the Court's CM/ECF system. Notice of this filing will be sent to all counsel of record through the Court's CM/ECF system. Dated: July 12, 2016 /s/ Kenneth A. Wexler Kenneth A. Wexler 2