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IN RE LIGAND PHARMACEUTICALS

United States District Court, S.D. California


October 13, 2005.

In re LIGAND PHARMACEUTICALS, INC. SECURITIES LITIGATION. This Document Relates To: Fuechtman
v.
Ligand Pharmaceuticals Inc., et al. No. 04-CV-1637.

The opinion of the court was delivered by: DANA SABRAW, District Judge

NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(A)(1)

DECLARATION OF SERVICE BY MAIL

I, the undersigned, declare:

  1. That declarant is and was, at all times herein mentioned, a citizen of the United States and a resident of the County of San Diego, over the age of 18 years, and not a party to or interested party in the within action; that declarant's business address is 655 West Broadway, Suite 1900, San Diego, California 92101.

  2. That on October 7, 2005, declarant served the NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED.R.CIV. P. 41(A)(1) by depositing a true copy thereof in a United States mailbox at San Diego, California in a sealed envelope with postage thereon fully prepaid and addressed to the parties listed on the attached Service List.

  3. That there is a regular communication by mail between the place of mailing and the places so addressed.

  I declare under penalty of perjury that the foregoing is true and correct. Executed this 7th day of October, 2005, at San Diego, California. TO: ALL PARTIES AND THEIR COUNSEL OF RECORD

  PLEASE TAKE NOTICE that class member Earl Fuechtman who filed a class action complaint on behalf of himself and all others similarly situated against Ligand Pharmaceuticals, Inc. ("Ligand") on August 11, 2004 captioned Fuechtman v. Ligand, et al., Case No. 04-CV-1637 (the "Fuechtman Complaint"), which was subsequently consolidated with other pending class action complaints on December 10, 2004 prior to the Court appointing a lead plaintiff to prosecute the consolidated actions on behalf of the class on December 17, 2004, hereby voluntarily dismisses the Fuechtman Complaint without prejudice.

20051013

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