in re: applied micro circuits securities litigation 01-cv...

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FILE D

UNITED STATES DISTRICT COUR T

SOUTHERN DISTRICT OF CALIFORNIA

In re APPLIED MICRO CIRCUITS CORP . ) Lead Case No . : 01-CV-0649-BEN (AJB)SECURITIES LITIGATION )

CLASS ACTION

This Document Relates To: ) DATE: June 17, 2005TIME : 1 :30 p .m .

ALL ACTIONS. ) CTRM: 3, 4th FloorJUDGE: Hon . Roger T . Benitez

[PROPOSED] FINAL JUDGMENT AND ORDEROF DISMISSAL WITH PREJUDICE

-0'ENTERED ONX~-~~' K.1

ORIGINAL[PROP] FINAL JUDGMENT AND ORD OF

DISMISSAL WI PREJUDICE - Lead Case No . : 01 -CV-0649-BEN (AJB)

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This matter came before the Court for hearing pursuant to the Order of this Court, dated

March 18, 2005, on the application of the parties for approval of the settlement set forth in the

Stipulation and Agreement of Settlement (the "Stipulation") dated as of March 14, 2005 . Due

and adequate notice have been given to the Class as required in said Order, and the Court

having considered all papers filed and proceedings herein and otherwise being fully informed i n

the premises and good cause appearing therefore , IT IS HEREBY ORDERED, ADJUDGED

AND DECREED that :

I . This Judgment incorporates by reference the definitions in the Stipulation, an d

all terms used herein shall have the same meanings as set forth in the Stipulation .

2. This Court has jurisdiction over the subject matter of the Litigation, including al l

matters necessary to effectuate the Settlement, and over all parties to the Action, including Lead

Plaintiff the Florida State Board of Administration, all Members of the Class and th e

Defendants .

3. Pursuant to Rule 23 of the Federal Rules of Civil Procedure, this Cou rt cert ified a

Class of all Persons (other than those Persons who timely and validly requested exclusion from

the Class) who purchased or otherwise acquired the publicly traded common stock or call

options or sold put options of Applied Micro Circuits Corporation during the period November

13, 2000 through February 5, 2001, inclusive . Excluded from the Class are the Litigation

Defendants, members of the immediate families of the Litigation Defendants, any entity in

which any Litigation Defendants, members of the immediate families of the Litigation

Defendants, any entity in which any Litigation Defendant has a controlling interest, and th e

legal affiliates, representatives, heirs, controlling persons, and successors in interest or assigns

of any such excluded person .

4. Except as to any individual claim of those Persons (identified in Exhibit I hereto)

who have previously validly and timely requested exclusion from the Class, the Litigation and

all claims contained therein, as well as all of the Released Claims are dismissed with prejudic e

as to the Lead Plaintiff in the Litigation and as to all other Members of the Class, and as agains t

the Litigation Defendants and their Related Persons . The Released Claims do not include

I [PROP] FINAL JUDGMENT AND ORD OF

DISMISSAL WI PREJUDICE - Lead Case No . : 0I-CV-0649-BEN (AJB)

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claims for breach of the Stipulation. The Settling Parties are to bear their own costs, except as

I otherwise provided in the Stipulation .

5 . The Court finds that the Stipulation and settlement are fair, just, reasonable an d

adequate as to each of the Settling Parties, and that the Stipulation and Settlement are hereby

finally approved in all respects, and the Settling Parties are hereby directed to perform its terms ,

if the Settling Parties have not already done so .

6 . Upon the Effective Date hereof, the Lead Plaintiff and each of the Members o f

the Class shall be deemed to have, and by operation of this Judgment shall have, fully, finally,

and forever released, relinquished and discharged all Litigation Released Claims (as defined i n

the Stipulation) and any and all claims they have or may have arising from the conduct in or

relating to the defense, settlement or resolution of the Litigation against the Litigation

Defendants and their Related Persons, respectively, whether or not such Class Member execute s

and delivers the Proof of Claim and Release .

7 . All Class Members are hereby forever barred and enjoined from prosecuting th e

Litigation Released Claims against the Litigation Defendants and their Related Persons .

8 . Upon the Effective Date hereto, each of the Defendants shall be deemed to have,

and by operation of this Judgment shall have, fully, finally, and forever released, relinquished

and discharged each and all of the Members of the Class, the Lead Plaintiff and plaintiffs and

their counsel, including their agents, from all claims, known or unknown, relating to or arising

out of, or in connection with the institution, maintenance or prosecution of, or conduct in or

relating to the litigation, settlement or resolution of the Litigation .

9 . The Notices given to the Class were the best notice practicable under th e

I circumstances, including the individual notice to all Members of the Class who could be

identified through reasonable effort . Said notice provided the best notice practicable under the

circumstances of those proceedings and of the matters set forth therein, including the proposed

settlement set forth in the Stipulation, to all Persons entitled to such notice, and said notice fully

satisfied the requirements of Federal Rules of Civil Procedure 23 and the requirements of du e

process .

2 [PROP] FINAL JUDGMENT AND ORD OFDISMISSAL W/ PREJUDICE - Lead Case No . : 0l-CV-0649-BEN (AJB)

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. Any Plan of Allocation submitted by Lead Plaintiffs Counsel or any order

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I f entered regarding the attorneys' fees application shall in no way disturb or affect this Fina l

I I Judgment and shall be considered separate from this Final Judgment .

11 . Neither the Stipulation nor the settlement contained therein, nor any act

performed or document executed pursuant to or in furtherance of the Stipulation or the

Settlement : (a) is or may be deemed to be or may be used as an admission of, or evidence of,

any fault or omission of any of the Defendants and/or the Related Persons in any civil, criminal

or administrative proceeding in any court, administrative agency or other tribunal . To the extent

appropriate, Defendants and/or the Related Persons may file the Stipulation and/or Judgment i n

any action that may be brought against them in order to support a defense or counterclaim based

on principles of resjudicata, collateral estoppel, release, good faith settlement, judgment bar or

reduction or any theory of claim preclusion or issue preclusion or similar defense o r

counterclaim.

12. Without affecting the finality of this Judgment in any way, this Court hereby

retains continuing jurisdiction over : (a) implementation of this settlement and any award or

distribution of the Settlement Fund, including interest earned thereon ; (b) disposition of th e

Settlement Fund; (c) hearing and determining applications for attorneys' fees, interest and

expenses in the Action ; and (d) all parties hereto for the purpose of construing, enforcing and

administering the Stipulation .

13. The Court finds that during the course of Action, the Settling Parties and their

respective counsel including their agents at all times complied with the requirements of Federal

Rules of Civil Procedure l 1(b) .

14. In the event that the Settlement does not become effective in accordance with th e

terms of the Stipulation , then this Judgment shall be rendered null and void to -the extent

provided by and in accordance with the Stipulation and shall be vacated and, in such event, all

III

Ill

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3 [PROP] FINAL JUDGMENT AND ORD OF

DISMISSAL WI PREJUDICE - Lead Case No . : 0 1 -CV-0649-BEN (AJB)

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orders entered and releases delivered in connection herewith shall be null and void to the extent

provided by and in accordance with the Stipulation .

IT IS SO ORIDERED .

DATED : 2005THE HONORABLE ROGER -T . W M'UNITED STATES DISTRICT JUDGE

4 [PROP] FINAL JUDGMENT AND ORD OF

DISMISSAL W/ PREJUDICE - Lead Case No. : O1-CV-0649-BEN (AJB)

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Don Smethers31180 SW Riverlane Rd, West Linn, OR 97068

December 26, 200 3

Applied Micro Circuits Corporation Securities Litigationc/o Heffier, Radetich & Saitta LL PPO Box 230Philadelphia PA 19105-0230

Request for Exclusion - AMCC

Please exclude me from the class action litigation and settlement consideration .

Don Smethers31180 SW Riveriane RdWest Linn, OR 9706 8

Purchased 140 shares AMCC on 1215100 - sold on 1218100

Sincerely,

st~~ 'e-w-

Donald E Smethers

phone (503) 656-2237 fat (503 ) 656-5498 cell ( 503) 349-2000 e-mail : don@smethers .com

EXHIBIT

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Don Smethers34,E 80 SW RWertan&RdWest Linn, OR 97068

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REC

Applied Micro Circuits CorporationLitigationr/o Heffler, Radetich & Saitta LLPPQ Box 230Philadelphia PA 19105-0230

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209 Lake Sever DriveWinchester VA 22603Janua ry 5, 2004

Applied Micro Circuits Corporation Securities Litigationc/o Heftier, Radetich & Saitta L.L.P .P.O. Box 230Philadelphia PA 19105-023 0

To Whom It May Concern :

I hereby give notice I wish to be excluded from the Class Action Lead Case No . :01-CV-0649-K (AJB) ; I purchased 15 shares of Applied Micro Circuits Corp . stock on11115/00 and sold them 02/08!01 .

Sincerely ,

Margueri te M. Royston209 Lake Sever DriveWinchester VA 22603

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Marguerite N Royston209 Lake Sever DriveWinchester VA 2260 3

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Applied Micro Circuits Corp . Securities~_I, tigationc/o Heffler, Radetich & Saiita, L .L .P.''P.O . Box 23 0Philadelphia PA 19105-023 0

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January 5, 2004

Applied Micro Circuits Corporation Securities Litigationc/o Heftier, Radetich & Saitta L.L.P .P .O. Box 23 0Philadelphia, PA 19105-023 0

RE: Wachovia Securities C/F Ms. Faith Lewi s

Dear Claims Administrator:

My name is Faith Lewis and I reside at 419 East Fair Harbor Lane, Houston, Texas 77079-2569. My home telephone number is (281) 497-6449. On November 16, 2000, 100 Applied MicroCircuits Corp . shares were purchased at $63 .3475, for a total of $6,340 .00.

I hereby request to be excluded from the Settlement Class of In re Applied MicroCircuits Corp. Securities Litigation , United States District Court for the Southern District ofCalifornia, Lead Case No . 01-CV-0649-K (AJB) .

Sincerely,

By,Faith L. Lewis

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Applied Micro Circuits CorporationSecurities Litigatio n

c/o Heffler, Radetich & Saitta L .L .P .P .O .Box 23 0Philadelphia, Pennsylvania 19105-023 0

I request exclusion from the Class Actionin reference to :

Applied Micro Circuits CorporationSecurities Litigatio nCase No . 01--CV-0649-t{ (AJB )Cusip Nos . 03822W 109, 009993 106 . (7967C)

? number or shares purchased : few .Prudential Securities IRA

Yours truly,

Annaliese R . Kuehnn"

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MRS . ANNA LIESE KUEH N12308 Lakewood Court

Fort Myers, Florida33908 r,

Applied Micro Circuits CodSecurities ,i:tigation

c/o Pef Ier, lac'etic'h & ~i taj~M1 .'L!irpUP .O .BOX 236

Philadelphia, Pennsylvania.-9105'0230

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NOTICE TO BENEFICIAL OWNERS

11 you purchased AMCC securities during the Class Period as a nominee for the benefit of another, or were or are holding certificatesin your name as a nominee for someone who purchased or acquired such AMCC securities during the Class Period, you are directed toeither. ( l) send a copy of this Notice to the beneficial owner of the AMCC securities postmarked no later than 10 days from the date of thisNotice . or (2) to provide the names and addresses of such persons no later than 10 days from the date of this Notice to Applied MicroCircuits Corporation Securities Litigation . c/o Heffler, Radetich & Saitta L .L.P., P.O . Box 230, Philadelphia, PA 19105 -0230, in which casethe beneficial owner will be sent a copy of this Notice . You may receive reimbursement for your reasonable and actual out-of-pocketdisbursements for complying with this requirement upon submission of an itemized statement to the referenced address .

FURTHER INFORMATION

All inquiries regarding this Action, other than Requests for Exclusion or requests for additional copies of this Notice, should be madein writing, addressed to the following :

Applied Micro Circuits Corporation Securities Litigationc/o, BARRACK, RODOS & BACIN E3300 Two Commerce Square2001 Market StreetPhiladelphia, PA 19103

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The pleadings and other records of the Action may be examined and copied at any time du ring the regular office hours at the Office ofthe Clerk, United States District Court, Southern District of Californ ia , 880 Front Street , Suite 4290, San Diego, California 92101, under thefile number . Lead Case No . 01-CV-0649-K (AJB) _

PLEASE DO NOT CALL OR WRITE THE COURT OR THE OFFICE OF THE CLERK OF THE COURT FORINFORMATION OR ADVICE .

DATED : December 5 . 2003 BY ORDER OF THE COURTHONORABLE JUDi TH N. KEEPUNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNI A

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNIA

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In re APPLIED MICRO CIRCUITS CORP. Lead Case No. : 01-CV-0649-K (AJB)SECURITIES LITIGATION

CLASS ACTIO N

Thi, Document Relates To ;

ALL ACTIONS. CTRM: 16, 5th FloorJUDGE : Hon . Judith N . Keep

NOTICE OF PENDENCY OF CLASS ACTION

TO : ALL PERSONS AND ENTITIES WHO, DURING THE PERIOD NOVEMBER 13, 2000 THROUGH AND INCLUDINGFEBRUARY S, 2001, PURCHASED OR OTHERWISE ACQUIRED APPLIED MICRO CIRCUITS CORPORATION("AMCC") COMMON STOCK OR CALL OPTIONS OR SOLD AMCC PUT OPTIONS AND WERE DAMAGEDTHEREBY.

PLEASE READ THIS NOTICE CAREFULLY . YOUR RIGHTS MAY BE AFFECTED BY A CLASS ACTION LAWSUITPENDING IN THIS COURT .

CLASS DEFINITION AND PARTIES

This is to notify you that there is now pending before the Honorable Judith N . Keep, United States District Judge, United StatesDistrict Court for the Southern District of Ca)ifomia, San Diego (the "Court"), a consolidated class action lawsuit (the "Action") that hasbeen brought on behalf of all persons and entities who purchased AMCC common stock or call options or said AMCC put options duringthe period of November 13, 2000 through and including February 5, 2001 (the "Class Period") against defendants AMCC and its officers,David M . Rickey, William E . Bendush, Douglas C . Spreng, Brent E . Little, Thomas L. Tullie, Vincent DeMaioribus, Candace H. Kilburn,Stephen M . Smith, Ramakrishna R . Sudireddy and Greg A . Winner and its director Roger A . Smuilen, Sr . (the "individual Defendants") .

On November 5 . 2001, the Court appointed the Florida State Board of Administration (the "Lead Plaintiff" or "FSBA") as lead

plaintiff in the Action . On July 15 . 2003, this Court certified the Action to proceed as a class action under Rule 23(a) and (b)(3) of theFederal Rules of Civil Procedure on behalf of the following class :

All persons and entities who, during the period November 13, 2000 through and including February 5, 2001, purchased or otherwiseacquired Applied Micro Circuits Corporation common stock or call options or sold AMCC put options, excluding the defendantsherein, members of the immediate family of the defendants, any entity in which any defendant has a controlling interest , and the legalaffiliates . representatives, heirs. controlling persons, successors, and predecessors in interest or assigns of any such excluded party .

BRIEF DESCRIPTION OF THE ACTION

On June 21 . 2002, Lead Plaintiff filed a First Amended Consolidated Class Action Complaint alleging, among other things , that duringthe Class Pe ri od defendants violated the federal securities laws by falsely portraying AMCC's then existing business condition , businessprospects and value and by failing to adequately disclose mate ri ally adverse information regarding AMCC when selling AMCC stock .

Lead Plaintiff contends that during the Class Period , defendants intentionally issued false and misleading statements to the effect thatAMCC's business was robust and that AMCC was not expe ri encing the same problems - reduced demand , order push- outs and canceledorders - as its competitors and custome rs . Lead Plaintiff also contends that at the same time that defendants were publicly making positivestatements , they knew but failed to timely or adequately disclose that mate ri al amounts of AMCC's customer contracts were beingcanceled , pushed-out or delayed, amid weakening or declining orders or demand and mate ri ally adverse t rends that were alre ady materially,end negatively affecting AMCC business and prospects . Meanwhile , duri ng the Class Period . the Individual Defendants collectively soldover 5100 million of their holdings in AMCC common stock . After AMCC publicly stated on February 5 . 2001 . among other things, that"on existing orders we have also seen some push -outs and cancellations in the past week", its common stock , once trading as high as$85 .25 per share during the Class Period, declined $ 9 .32 from its trading p rice immediately pri or to the announcement to close at $55 .06 pers hare on February 6, 2001 and declined further thereafter.

Lead Plaintiff seeks monetary damages an behalf of itself and all other plaintiffs and members of the Class . The amount of monetarydamages. if any, will be determined at trial .

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Defendants deny that they engaged in any alleged wrongdoing . Defendants also raise several affirmative defenses including that theyacted in good faith and in conformity with all applicable federal securities laws. The Court has not ruled on the merits of Lead Plaintiff'sallegations or on the denials and defenses made by the defendants . Lead Plaintiff and defendants have vigorously pursued discovery toobtain evidence to support their positions in this Action and continue to do so .

The issuance of th's Notice is not an expression of the Court' s opinion on the merits of any of the claims or defenses asserted by anyparty in this Action . The purpose of this Notice is to inform you of the pendency of this Action, how it may affect your ri ghts and what stepsyou may take in relation to it .

YOUR RIGH TS AS A CLASS MEMBE R

If you are a member of the Class - that is, if you purchased AMCC' s secu ri ties during the Class Period and were damaged thereby -and you wish to remain a member of the Class, you need not take any action at this time . You will automatically become a member of theClass, and you will be represented by the following Counsel :

Stephen R . Basset Leonard Barrac kBenjamin Galdston Gerald J . RodosSamuel M . Ward BARRACK, RODOS & BACINEMarisa C . Livesay 3300 Two Commerce SquareBARRACK, RODOS & BACLNE 2001 Market Stree t402 West Broadway . Suite 850 Philadelphia, PA 19103San Diego, CA 92101 (215) 963-060 0(619) 230-0800

As a Class member (unless you request to be excluded from the Class), you will be bound by any judgment, whether favorable orunfavorable, entered in this Action . Thus . you will participate in any monetary settlement or judgment rendered in favor of the Class, ofwhich you will receive notice . You will also be bound by any unfavorable judgment, which may be rendered against the Class .

Class members will not, under any circumstances, be asked to pay any fees to Lead Plaintiffs Counsel or to pay any of the costs of thelitigation, regardless of whether the Action results in a judgment favorable to defendants or unfavorable to defendants or results in asettlement . If the Action is settled, or if a judgment is rendered against defendants, Lead Plaintiff's Counsel will apply to the Court for anaward of attorneys' fees and expenses to be paid out of the proceeds of any settlement or judgment against defendants that may be obtained .

As a Class Member you may enter an appearance in the Action through counsel of your choice, at your expense. However, such anappearance is not required. and if you do not have an attorney appear for you, you will continue to be represented by Lead PlaintiffsCounsel (unless you request to be excluded from the Class) .

HOW TO BE EXCLUDED FROM THE CLAS S

YOU WILL BE EXCLUDED FROM THE CLASS ONLY UPON SPECIFIC REQUEST AS DESCRIBED BELOW, If you requestto be excluded from the Class . you will not be entitled to share in the proceeds of a recovery obtained by settlement or favorable judgmentin the litigation . if any. You also will not be bound by a judgment . if any, in favor of either the Class or defendants .

If you wish to be excluded from the Class, you must so indicate by filing a written Request for Exclusion , POSTMARKED ON OR

BEFORE JANUARY 20 . 2004 addressed to :

Applied Micro Circuits Corporation Securities Litigationc/a Heffler, Radetich & Saitta L.L.P.P.O . Box 23 0Philadelphia, Pq 19105-0230

Your Request for Exclusion should include : ( i) your name ( and the name of any joint owner of AMCC common stock or option): (ii)your address ; ( iii) the number of shares of AMCC common stock you purchased during the Class Period (or the number of sail options topurchase AMCC common stock you purchased or AMCC put options you sold during the Class Period) ; and (iv) a speci fic request to beexcluded from the Action . You must personally sign any Request for Exclusion . All joint owners should sign the guest for Exclusion andp rovide the foregoing information . Any Request for Exclusion made on behalf of a Class member by a representative must state thecapacity in which such representative is acting .

if you elect to be excluded from the Class, you may pursue , at your own expense . whatever legal rights you may have . By electing tobe excluded , the ultimate decision in this case will not be binding upon you _ That is: ( i) you will not share in any recove ry that might bepaid by defendants as a result of a favorable judgment or settlement ; ( ii) you will not be bound by any judgment favorable to defendants ;and (iii ) you have the ri ght . at your own expense. to pursue any individual claim that you may have against defendants.

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Heidi E Erqui tt2985 Valencia RDColorado Spgs , CO 80917-3624January 12, 2004

Applied Micro Circuits Corporation Securities Litigationc/o Heffler, Radetich& Saitta L .L .P.P.O, Box 230Philadelphia, PA 19105-0230

Subject: Lead Case No .: 01-CV-0649-K (AJB)CLASS ACTION

In response to the NOTICE OF PENDENCY OF CLASS ACTION I herebyexercise my right to Request Exclusion from this class action suit.(I sold 400 shares from 2/06/01---2127/01 .)

Respectfully

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Applied Micro Circuits Corporation Securities Litigationc/o, Heffler, Radetich & Saitta L .L.P.P.O. Box 230Philadelphia, PA 19105-023 0

To Heffler, Radetich & Saitta L.L.P .,

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January 12, 2004Kenneth Johnston100 Ridgewood Ct.Elizabethtown, KY 4270 1

Reference: Class Action Case No : 01-CV-0649-K (AJB), Applied Mirco CircuitsCorporation Securities Litigation

I would like to be excluded from the case action suit noted above . Per instructions of thenotice received :

1) Name of owner or joint owners -- Kenneth D. Johnston2) Address 100 Ridgewood Cl., Elizabethtown, Ky 4270 13) Number of Shares - Unknown . I am unable to confirm that I ever owned any

shares of AMCC common stock. Hence my reason for asking for exclusion . If Iever owned AMCC stock it would probably have been through a 401K program .Again, I don't have any records and the value would be insignificant based on my401 K account .

4) Request to be excluded. - this is my formal request to be excluded from the classaction suit.

Respectfully,

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-b7~~Kenneth D. Johnston

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Susan Li ang14810 Tomasha DriveIndependence , Missouri 6405 5

January 13, 2004

Applied Micro Circuits Corporation Securities Litigationc/o Hefner, Radetich & Saitta L .L.P .P.O. Box 230Philadelphia. PA 19105-023 0

Heffter, Radetich & Saitta L.L.P:

1, Susan L. Liang, hereby request exclusion from the class action against AppliedMicro Circuits Corporation. I had only 31 shares of AMCC common stock during theclass period.

Sincerely,

..G

Susan L. Liang IRAFBO Susan L. Liang

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5855 Brookline LaneSan Luis Obispo, CA 93401January 12, 2004

Applied Micro Circuits Corporation Securities Litigationc/o Heftier, Radetich & Saitta L .L.P .P-0. Box 230Philadelphia, PA 19105-023 0


We wish to be excluded from the class action suit against Applied Micro Circuits Corporation .

We purchased 200 of AMCC between Nov . 12, 2000 and February 5, 2001 .The stock was held as follows :

Victor & Sally Buccola TR of the Victor & Sally Buccola Family Trust DTD 10/10/9 0

Sincerely,

Victor A . Buccola Sally L. Bu la

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Vic Buccoia5855 Brookline Lane5a% Luis Oblsp, CA 83401-8900

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Applied Micro Circuits Corporation SecuritiesLitigationcto Heffner , Radetich & Saitta L .I .P .P.O. Box 230Philadelphia , PA 19 1 05-0230

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Jerzy and Grazyna Frumanski53791 Avenida Ob regonLa Quinta, CA 92253

January 13, 2004

Applied Micro Circuits Corporation Securities Li tigationc/o Heffler, Radetich & Saitta L.L.P .P .O. Box 230Philadelphia, PA 19105-023 0

This is to inform you that we want to be EXCLUDED FROM THE CLASS

Jerzy and Grazyna Furmanski Living Trust

53791 Avenida ObregonLa Quinta, CA 92253

Number of shares: 20

Sincerely ,

J ski G a urmanski

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Jan . 1 5, 2004

Applied Micro Circuits Corporation Securities LitigationC/o Heffler, Radetich & Saitta L .L .P .

P .O . Box 230

Philadelphia, PA

19105-023 0


I wish to be excluded from the class action law suit againstApplied Micro Circuits Corporation . My name and address are as

follows :

Diane Williams2277 Fox Run Circle

Findlay, OH

45840-748 9

I owned a total of 27 shares of AMCC stock during the class

period . On 11/14/00, 1 purchased a total of 1S shares at $66 .25 .

On 1/19/01, 1 purchased an additional 12 shares of stock at

$86 .69 .

I would be most grateful if you could send me an acknowledgementof this letter so that I can be sure that you received it ,

Thank you very much for your time and consideration in thismatter . It is greatly appreciated .

Sincerely,

i C?O u

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Diane Williams'2277 Fox Run Circl e

Findlay, OH-Z to

r45840-7 489

7000 100 0010 8228 0570 7011

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C: 1.A lied Micro Circuits Corporat ori` :Securities Litigationc/o Reffler, Radetich & Sai a*L . P \, . . . .

P .O . Box 23 0Philadelphia, PA ~• ~~~ ~~'39105-0230 \ ~\ V`

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January 17, 200 4

Applied Micro Circuits Corporation Securities Litigationc/o Heftier, Radetich & Saitta L .L.P .P.O. Box 230Philadelphia, PA 19105-0230

To whom it may concern,

0 4v &'

1, Robert D . Hedden, request that I be excluded from the Class Action against AppliedMicro Circuits Corporation .

1) Robert D . Hedden

2) 11566 HemlockOverland Park, KS 6621 0

3) 5 shares on 1/22/200 1

4) Exclude Robert D . Hedden from Class Action

Sincerely,

9q,-aj -D, j4~Robert D . Hedden

I R

PLACE STICKER AT TOP OF fNVFI`OPE TO Tilt AIGMT

Robe rt Q . Hadde n11566 Hem!ockOved and Park, KS 66210

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c/o Heffer, Radetich & Saitta L .L .P .

P .O. Box 230Philadelphia, PA 19 1 05-02 30

ANNCTTE ECKERT

SChUENboRNR1NG 2

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNI A

In re APPLIED MICRO CIRCUITS CORP. Lead Case No. . 01-CV- 0649-K (AJB)SECURITIES LITIGATION

CLASS ACTIO N

This Document Relates To :

ALL ACTIONS . CORM: 16 . 5 (h FloorJUDGE : Hon . Judith N . Kee p

NOTICE OF PENDENCY OF CLASS ACTIO N

TO : ALL PERSONS AND ENTITIES WHO, DURING THE PERIOD NOVEMBER 13, 2900 THROUGH AND INCLUDINGFEBRUARY 5, 2001 , PURCHASED OR OTHERWISE ACQUIRED APPLIED MICRO CIRCUITS CORPORATIONi"AMCC") COMMON STOCK OR CALL OPTIONS OR SOLD AMCC PUT OPTIONS AND WERE DAMAGEDTHEREBY.


CLASS DEFINITION AND PARTIE S

This is to notify you that there is now pending before the Honorable Judith N . Keep. United States District Judge, United StatesDistrict Court for the Southern District of California . San Diego (the "Court"), a consolidated class action lawsuit (the "Action") that hasbeen brought on behalf of all persons and entities who purchased AMCC common stock or call options or sold AMCC put options duringthe period of November 13. 2000 through and including February 5, 2001 (the "Class Period") against defendants AMCC and its officers .David M . Rickey, William E. Bendush, Douglas C. Spreng, Brent E. Little, Thomas L. Tullie, Vincent DeMaioribus, Candace H. Kilburn,Stephen M . Smith, Ramakrishna R . Sudireddy and Greg A . Winner and its director Roger A. Smullen, Sr. (the "Individual Defendants") .

On November 5 . 2001, the Court appointed the Florida State Board of Administration (the "Lead Plaintiff' or "FSBA") as lead

plaintiff in the Action . On July 15 . 2003 . this Court certified the Action to proceed as a class action under Rule 23(a) and (b)(3) of the

Federal Rules of Civil Procedure on behalf of the following class :

All persons and entities who, during the period November 13, 2000 through and including February 5 , 2001, purchased or otherwiseacquired Applied Micro Circuits Corporation common stock or call options or sold AMCC put options, excluding the defendantsherein . members of the immediate family of the defendants, any entity in which any defendant has a controlling interest, and the legalaffiliates . representatives , hei rs, controlling persons . successors , and predecessors in interest or assigns of any such excluded party .


On June 21 . 2002 . Lead Plaintiff filed a First Amended Consolidated Class Action Complaint alleging , among other things , that duringthe Class Period defendants violated the federal securities laws by falsely portraying AMCC' s then existing business condition, businessprospects and value and by failing to adequately disclose materially adverse information regarding AMCC when selling AMCC stock .

Lead Plaintiff contends that during the Class Period, defendants intentionally issued false and misleading statements to the effect thatAMCC's business was robust and that AMCC was not experiencing the same problems - reduced demand, order push -outs and canceledorders -. as its competitors and customers . Lead Plaintiff also contends that at the same time that defendants were publicly making positivestatements. they knew but failed to timely or adequately disclose that mate ri al amounts of AMCC's customer contracts were beingcanceled . pushed-out or delayed . amid weakening or declining orders or demand and materially adverse t re nds that were already materiallyand negatively affecting AMCC business and prospects . Meanwhile, during the Class Pe ri od , the Individual Defendants collectively soldover 51UQ million of their holdings in AMCC common stock . After AMCC publicly stated on February 5, 2001, among other things, that"on e .tisting orders we have also seen some push-outs and cancellations in the past week", its common stock, once trading as high asSH5 .2 per share during the Class Period, declined 59 .32 from its trading price im ;nediately prior to the announcement to close at 555 .06 pershare on February 6, 2001 and declined further thereafter.

Lead Plaintiff seeks monetary damages on behalf of itself and all other plaintiffs and members of the Class, The amount of monetarydamages, if any . will be determined at trial .

k1 2

• •

Defendants deny that they engaged in any alleged wrongdoing . Defendants also raise several affirmative defenses including that theyacted in good faith and in conformity with all applicable federal securities laws . The Court has not ruled on the merits of Lead Plaintiffsallegations or on the denials and defenses made by the defendants . Lead Plaintiff and defendants have vigorously pursued discovery toobtain evidence to support their positions in this Action and continue to do so .

The issuance of this Notice is not an expression of the Court's opinion on the merits of any of the claims or defenses asserted by anyparty in this Action . The purpose of this Notice is to inform you of the pendency of this Action, how it may affect your rights and what stepsyou may sake in relation to it .

YOUR RIGHTS AS A CLASS MEMBE R

If you are a member of the Class - that is, if you purchased AMCC's securities during the Class Period and were damaged thereby -and you wish to remain a member of the Class, you need not take any action at this time. You will automatically become a member of theClass, and you will be represented by the following Counsel :

Stephen R . Basler Leonard Barrac kBenjamin Gatdston Gerald J . RodosSamuel M . Ward BARRACK, RODOS & BACIN EMarisa C . Livesay 3300 Two Commerce SquareBARRACK, RODOS & BAC1" E 2001 Market Street402 West Broadway, Suite 850 Philadelphia, PA 1910 3San Diego. CA 92101 (215) 963-0600(619) 230-0800

As s Class member (unless you request to be excluded from the Cass), you will be bound by any judgment . whether favorable orunfavorable . entered in this Action . Thus, you will participate in any monetary settlement or judgment rendered in favor of the Class, ofwhich you will receive notice . You will also be bound by any unfavorable judgment, which may be rendered against the Class .

Class members will not, under any circumstances . be asked to pay any fees to Lead Plaintiffs Counsel or to pay any of the costs of thelitigation. regardless of whether the Action results in a judgment favorable to defendants or unfavorable to defendants or results in asettlement. If the Action is settled . or if a judgment is rendered against defendants , Lead Plaintiff's Counsel will apply to the Court for anaward of attorn eys ' fees and expenses to be paid out of the proceeds of any settlement or judgment against defendants that may be obtained .

As a Class member you may enter an appearance in the Action through counsel of your choice , at your expense . However, such anappearance is not required , and if you do not have an attorney appear for you, you will continue to be represented by Lead PlaintiffsCounsel i unless you request to be excluded from the Class) .


YOU WILL BE EXCLUDED FROM THE CLASS ONLY UPON SPECIFIC REQUEST AS DESCRIBED BELOW . If you requestto be excluded from the Class, you will not be entitled to share in the proceeds of a recovery obtained by se tt lement or favorable judgmentin the litigation, if any . You also will not be bound by a judgment, if any, in favor of either the Class or defendants .

If you wish to be excluded from the Class, you must so indicate by fi ling a written Request for Exclusion , POSTMARKED ON ORBEFORE JANUARY 20 . 2004 addressed to ;

Applied Micro Circuits Corporation Securities . Litigationc/o Heftier, Radetich & Saitta L.L .P .P.O . Box 230Philadelphia, PA 19105-023 0

Your Request for Exclusion should include : (i) your name (and the name of any joint owner of AMCC common stock or option) ; (ii)your address ; (iii) the number of share s of AMCC common stock you purchased during the Class Period ( or the number of call options topurchase Alv1CC common stock you purchased or AMCC put options you sold during the Class Peri od ); and (iv ) a specific request to beexcluded from the Action, You must personally sign any Request for Exclusion . All joint owners should sign the Request for Exclusion andprovide the foregoing information. Any Request for Exclusion made on behalf of a Class member by a representa ti ve must state thecapacity in which such representati ve is acting .

If you elect to be excluded from the Class. you may pursue, at your own expense . whatever legal rights you may have . By electing tobe excluded . the u lt imate decision in this case will not be binding upon you . That is : ( i) you will not share in any recovery that might bepaid by defendants as a result of a favorable judgment or settlement; ( ii) you will not be bound by any judgment favorable to defendants ;and iiii you have the right . at your own expense , to pursue any individual claim that you may have against defendants .

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U. you purchased AMCC securities during the Class Period as a nominee for the benefit of another, or were or are holding certificatesin your name as a nominee for someone who purchased or acquired such AMCC securities during the Class Period, you are directed toeither : 1 l) send a copy of this Notice to the beneficial owner of the AMCC securities postmarked no later than 10 days f rom the date of thisNotice : or (2) to provide the names and addresses of such persons no later than 10 days from the date of this Notice to Applied MicroCircuit, Corporation Securities Litigation, cdo Hefflcr, Rutetich & Sairta L .L .P. . P.O . Box 230, Philadelphia, PA 19105-0230, in which casethe beneficial owner will be sent a copy of this Notice . You may receive reimbursement for your reasonable and actual out-of-pocketdisbursements for complying with this requirement upon submission of an itemized statement to the referenced address .

FURTHER INFORMATIO N

All inquiries regarding this Action, other than Requests for Exclusion or requests for additional copies of this Notice, should be madein writing, addressed to the following:

Applied Mic ro Circuits Corporation Secu rities Litigationc/o BARRACK . RODOS & BACINE3300 Two Commerce Square2001 Market StreetPhiladelphia , PA 1910 3

The pleadings and other records of the Action may be examined and copied at any time du ri ng the regular office hours at the Office ofthe Clerk . United States District Court . Southern Dist rict of Calif'omia, 880 Front Street , Suite 4290, San Diego, California 92101, under theti le number. Lead Case Na, 01-CV- 0649 - K (AIB t.

PLEASE DO NOT CALL OR WRITE THE COURT OR THE OFFICE OF THE CLERK OF THE COURT FORINFORMATION OR ADVICE.

DATED : December 5 . 2003 BY ORDER OF THE COURTHONORABLE JUDITH N . KEEPUNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNIA

kid

Annette C. $ckeilSehbabou t ng 263363 Newl.enburg

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.O. Box 51 6Conway, NH 03818-0516

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Mrs. Jean Smy1daP .O. Box 51 6Conway, Nit 03$18-0516 (' •,~ " ;

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MORGAN STANLEY DEAN WITTER

ALICE B RICKERTP.O.BOX 390632A N ZA, CA 92539-063211 1 1 I 11 .11111 1 141 , 11~1111111111111~~11 1111,1111111 ~~~1

L JThis transaction is confirmed in accordance

with the explanations and conditionsstated on the reverse side.

Exchange Code 7Execution Code: P

Your Account Number. 240-080104012Cash AccountIRA StandardDated 01/25/00

Your Financial AdvisorSTEPHEN EPSTEIN

27720 JEFFERSON AVE SUITE 1000TEMECULA, CA 92590

( 909) 695-0018

You SoldTrade Date 01)03/01 for Settlement on 01108/01

Quantity 15 Iriice 70 .625 x iYz ~ } ~'Jettlelxl~Tk~ At!'tou~lt '.

Description:APPLIED MICRO CIRCUITS CP Princ ipal $ 1,059 .38

UNSOLICITED TRADE S.E.C. Foe 0.04

Net Amount $1,059 .34

Morgan Stanley Dean Winer is a serv ice mark of Morgan Stanley Dean Witter & Co . Services are offeredSecurity No. 03822W109

through Dean Winer Reynolds Inc . . member SIPC. Symbol AMGC

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ALICE B RICKERTP.O.BOX 390632ANZA . CA 92539-063 2

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This transaction is confirmed in accordancewith the explanations and conditions

stated on the reverse side.

Exchange Code: 7Execution Code: 5

Your Account Number.h Accoun

Dated 01/25/00

Your Financial AdvisorSTEPHEN EPSTEIN

27720 JEFFERSON AVE SUITE 1(X)CTEMECULA, CA 92590

(909) 695-MI S

YoU BoughtTrade Date 12/280)0 for Settlement on 01 /03/01

Quantity 15 Price 77.3729 Settlement Amount

Descriptiun:

APPLIED MICRO CIRCUITS CP Principal $1,160 .59

UNSOLICITED TRADENet Amount $1,260 .59

Morgan Sianley Dean Winer is a service mark ofMorgan Stanley Dean Wirier & Co. Services are offeredSSecurit

y ymbol No. 03922W I09

symbol `MCCthrough Dean Winer Reynolds Inc., member SJPC.

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January 15, 2004

Applied Micro Circuits Corporation Securities LitigationC/a Heffler, Radetich & Saitta L .L.P.P.O. Box 23 0Philadelphia, PA 191054230

REQUEST FOR EXCLUSIO N

Please exclude me from the Action regarding AMCC

' _ "l 146-

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Mary J RobardsP .O . Bok 2625 1Overland Park . KS 66225-625 1Purchased 100 shares of AMCC stock on December 26 . 2000 through Quick and Reilly.

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Applied Micro Circuits Corporation Securities Litigation

C/a Heffer, Redetich & Saitta L .L .P .

P .O . Box 230PhiladelphiaPA 19105-230

Dear sir/madam

: received a notice regarding class action against Applied Micro

Circuit sCorporation . 1 don't want to be part of the class action . Please

exclude mefrom the class .

-hanksSanjeev iB4 N Wilso Ave, #102Pasaden a

CA 91106

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01/18/2004

To Applied Micro Circuits Corporation Securities Litigation ,

I, Vinay Rajagopalan , request to be excluded from the class action suitagainst AM CC corporation . I purchased 17 shares of AMCC on January 29, 2001 .

Sincerely,

Vina~agopal1435 Boggs Road, APT 1014

Duluth, GA 30096770-381-8173

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NOTICE TO BENEFICIAL OWNER S

If you purchased AMCC securities during the Class Period as a nominee for the benefit of another, or were or are holding certificatesin your name as a nominee for someone who purchased or acquired such AMCC securities during the Class Period, you are directed toeither. ( I) send a copy of this Notice to the beneficial owner of the AMCC securities postmarked no later than 10 days from the date of thisNotice : or (2) to provide the names and addresses of such persons no later than 10 days from the date of this Notice to Applied MictoCircuit. Corporation Securities Litigation, c/o Heftier, Radetich & Saitta L .L .P ., P .O . Box 230 . Philadelphia, PA 19105-0230, in which casethe beneficial owner will be sent a copy of this Notice. You may receive reimbursement for your reasonable and actual out-of-pocketdisbursements for complying with this requirement upon submission of an itemized statement to the referenced address .


All inquiries regarding this Action . other than Requests for Exclusion or requests for additional copies of this Notice, should be madein writing, addressed to the following :

Applied Micro Circuits Corporation Securities Litigationc/o BARRACK, RODOS & BACWE3300 Two Commerce Square2001 Market StreetPhiladelphia, PA 1910 3

The pleadings and other records of the Action may be examined and copied at any time during the regular office hours at the Office ofthe Clerk. United States District Court, Southern District of California . 880 Front Street, Suite 4290, San Diego, California 92101, under thefile number, Lead Case No. 01-CV-()649-K (AJB) .

PLEASE 00 NOT CALL OR WRITE THE COURT OR THE OFFICE OF THE CLERK OF THE COURT FORINFORMATION OR ADVICE .

DATED : December 5 . 2003 BY ORDER OF THE COURTHONORABLE JUDITH N . KEEPUNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNIA

ire_`'~ y .ta s Z roc /~ Cdr ~/ ,

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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNI A

In re APPLIED MICRO CIRCUITS CORP . Lead Case No . : 01-CV-0649-K (AIB)SECURITIES LITIGATION

CLASS ACTION

This Document Relates To:

ALL ACTIONS. CTRM: 16, 5ch FloorJUDGE : Hon . Judith N, Keep

NOTICE OF PENDENCY OF CLASS ACTIO N

TO: ALL PERSONS AND ENTITIES WHO, DURING THE PERIOD NOVEMBER 13, 2000 THROUGH AND INCLUD INGFEBRUARY S. 2001 , PURCHASED OR OTHERWISE ACQUIRED APPLIED MICRO CIRCUITS CORPORATIONt"AMCC") COMMON STOCK OR CALL OPTIONS OR SOLD AMCC PUT OPTIONS AND WERE DAMAGEDTHEREBY.


CLASS DEFINITION AND PARTIES

This is to notify you that there is now pending before the Honorable Judith N . Keep, United States District Judge, United StatesDistrict Coun for the Southern District of California, San Diego (the "Court"). a consolidated class action lawsuit (the "Action") that hasbeen brought on behalf of all persons and entities who purchased AMCC common stock or call options or sold AMCC put options duringthe period of November 13 . 2000 through and including February 5, 2001 (the "Class Period") against defendants AMCC and its officers,David NI. Rickey . William E. Bendush, Douglas C. Sprang, Brent E. Little, Thomas L. Tullie. Vincent DeMaioribus, Candace H. Kilburn,Stephen M . Smith, Ramakrishna R . Sudireddy and Greg A . Winner and its director Roger A. Smullen. Sr. (the "Individual Defendants") .

On Novem be r 5 . 2001 . the Coon appointed the Florida State Board of Administration (the "Lead Plaintiff" or "FSBA") as leadplaintiff in the Action . On July 15 . 2003 . this Court certified the Action to proceed as a class action under Rule 23(a) and (b)(3) of theFederal Rules of Civil procedure on behalf of the following class :

All persons and entities who, during the period November 13 . 2000 through and including February 5, 2001, purchased or otherwiseacquired Applied Micro Circuits Corporation common stock or call options or sold AMCC put options, excluding the defendantsherein, members of the immediate family of the defendants, any entity in which any defendant has a controlling interest, and the legaljffiliatcs . representatives . heirs, controlling persons, successors, and predecessors in interest or assigns of any such excluded party .


On June 21 . 2002 . Lead Plaintiff filed a First Amended Consolidated Class Action Complaint alleging, among other things, that duringthe Class Period defendants violated the federal securities laws by falsely portraying AMCC's then existing business condition, businessprospects and value and by failing to adequately disclose materially adverse information regarding AMCC when selling AMCC stock .

Lead Plaintiff contends that during the Class Period, defendants intentionally issued false and misleading statements to the effect thatAMCC's business was robust and that AMCC was not experiencing the same problems - reduced demand, order push-outs and canceledorders - as its competitors and customers . Lead Plaintiff also contends that at the same time that defendants were publicly making positivestatements . they knew but failed to timely or adequately disclose that material amounts of AMCC's customer contracts were beingcanceled, pushed-out or delayed . amid weakening or declining orders or demand and materially adverse trends that were already materiallyand negatively affecting AMCC business and prospects. Meanwhile, during the Class Period, the Individual Defendants collectively soldover S 100 million of their holdings in AMCC common stock . After AMCC publicly stated on February 5, 2001 . among other things, that

on !xisting orders we have also seen some push-outs and cancellations in the past week", its common stock, once trading as high as585 .'5 per share during the Class Period . declined $9 .32 from its trading price immediately prior to the announcement to close at $55 .06 pershare on February 6 . 2001 and declined further thereafter .

Lead PtaintitT seeks monetary damages on behalf of itself and all other plaintiffs and members of the Class . The amount of monetarydamages. if any. will be determined ac trial .

25,b

I

Defendants deny that they engaged in any alleged wrongdoing . Defendants also raise several affirmative defenses including that theyacted in good faith and in conformity with all applicable federal securities laws . The Court has not ruled on the merits of Lead Plaintiffsallegations or on the denials and defenses made by the defendants. Lead Plaintiff and defendants have vigorously pursued discovery toobtain evidence to support their positions in this Action and continue to do so .

The issuance of this Notice is not an expression of the Court's opinion on the merits of any of the claims or defenses asserted by anyparty in this Action . The purpose of this Notice is to inform you of the pendency of this Action, how it may affect your rights and what stepsyou may take in relation to it .

YOUR RIGHTS AS A CLASS MEMBER

if you are a member of the Class - that is, if you purchased AMCC' s securities during the Class Period and were damaged thereby -and you wish to remain a member of the Class, you need not take any action at this time . You will automatically become a member of theClass, and you will be represented by the following Counsel :

Stephen R . Basset Leonard BarrackBenjamin Galdston Gerald J . Rodo sSamuel M. Ward BARRACK, RODOS & BACINEMarisa C . Livesay 3300 Two Commerce SquareBARRACK, RODOS & BACINE 2001 Market Stree t402 West Broadway, Suite 850 Philadelphia, PA 19103San Diego . CA 92101 (215) 963-06004619) 230-0800

As a Class member ( unless you request to be excluded from the Class). you will be bound by any judgment, whether favorable orunfavorable, entered in this Action . Thus, you will participate in any monetary settlement or judgment rendered in favor of the Class, ofwhich you will receive notice . You will also be bound by any unfavorable judgment, which may be rendered against the Class .

Class members will not, under any circumstances , be asked to pay any fees to Lead Plaintiffs Counsel or to pay any of the costs of thelitigation . regardless of whether the Action results in a judgment favorable to defendants or unfavorable to defendants or results in asettlement. If the Action is settled , or if a judgment is rendered against defendants , Lead Plaintiff' s Counsel will apply to the Cou rt for anaward of atto rneys ' fees and expenses to be paid out of the proceeds of an y settlement or judgment against defendants that may be obtained .

As a Class member you may enter an appearance in the Action through counsel of your choice, at your expense . However, such anappearance is not required. and if you do not have an attorney appear for you, you will continue to be represented by Lead Plaintiff'sCounsel (unless you request to be excluded from the Class) .


YOU WILL BE EXCLUDED FROM THE CLASS ONLY UPON SPECIFIC REQUEST AS DESCRIBED BELOW . I f you requestto be excluded from the Class, you will not be entitled to share in the proceeds of a recove ry obtained by settlement or favorable judgmentin the litigation . if any. You also wilt not be hound by a judgment . if any. in favor of either the Class or defendants.

If you wish to be excluded from the Class, you must so indicate by filing a written Request for Exclusion, POSTMARKED ON ORBEFORE JANUARY 20 . 2004 addressed to :

Applied Micro Circuits Corporation Securities Litigationc/o Heftier, Radetich & Saitta L .L.P.P .O . Box 23 0Philadelphia. PA 19105 -023 0

Your Request for Exclusion should include : ( i) your name (and the name of any joint owner of AMCC common stock or option); (ii)your address : ( iii) the number of shares of AMCC common stock you purchased during the Class Period ( or the number of call options topurchase A.MCC common stock you purchased or AMCC put options you sold during the Class Period ) ; and (iv ) a specific request to beexcluded from the Action . You must personally sign any Request for Exclusion . All joint owners shou ld sign the Request for Exclusion andprovide the foregoing information . Any Request for Exclusion made on behalf of a Class member by a representative must state thecapacity in which such re p resentative is acting .

If you elect to be excluded from the Class, you may pursue, at your own expense, whatever legal rights you may have . By electing tobe excluded . the ultimate decision in this case will not be binding upon you . TTiat is : (i) you will not share in any recovery that might bepaid by defendants as a result of a favorable judgment or settlement ; ( ii) you will not be bound by any judgment favorable to defendants ;and till) you have the right , at your own expense . to pursue any individual claim that you may have against defendants.

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Applied Micro Circuits Corporation Securities Litigationc/o Heftier, Radetich & Saitta L .L .P .P .O . Box 23 0Philadelphia, PA 19105-0230

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January 19, 2004

To whom it may concern :

In reference to Applied Micro Circuits Corporate Securities Litigation or LeadCase No: 01-CV-0649-K (AJB), I am writing this request to be excluded from the Class .

i) My name is Paul Colantuno .ii) My address is 9968 Grove St ., Unit # C, Westminster, CO 80031 .iii) I did not purchase any shares between November 13, 2000 - February 5, 2001 ;

however, I sold 50 shares on January 19, 2001 ,iv) My specific request is to be excluded from the Class because I already made a

profit and did not purchase any shares during the Class Period .

Thank you for listening to this matter,

?416mlv~~

Paul Colantuno

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Applied Micro Circuits Corporation Securities Litigationc/o Heffler, Radetich & Saitta L .L.P.P. 0. Box 230Philadelphia, PA 19105-0230

Re: Request for Exclusio n

Please exclude the following from the Class Action :

Irene Balan, Custodian forCaprice Roberson855 Chameleon Star Ave .Henderson, NV 89015-2410100 shares

Sincerely ,

Irene Balan

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855 Chameleon Star Ave .Henderson , NV 89015-2410January 19, 2004

Applied Micro Circuits Corporation Securities Litigationdo Heftier, Radetich & Saitta L.L.P .P. 0. Box 230Philadelphia, PA 19105-0230

Re: Request for Exclusio n


Irene Balan , Custodian forNicole Roberson855 Chameleon Star Ave.Henderson , NV 89015-2410100 shares

Sincerely,

Irene Balan

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Applied Micro Circuits Corporation Securities Litigationc!o Heffier, Radetich & Saitta L.L.P .P . 0 . Box 230Philadelphia , PA 19105-0230

Re: Request for Exclusion


Irene Balan, Custodian forSchuyler Roberso n855 Chameleon Star Ave.Henderson , NV 89015-2410100 shares

Sincerely,

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Irene Balan

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Applied Micro Circuits Corp . Securities LitigationCIO Heftier, Radetich & Saitta L.L.P.

P.O. Box 230Philadelphia, PA 19105-023 0

RE Applied Micl ui a~vfificz Litigation

Dear Administrator;

I have reviewed a copy of the Notice of Class Action in the above -captioned case .I wish to be excluded from the class .

My contact information is as follows:

Betty S . Maclntire (Scott H. Mactntire, deceased)11639 State RoadNunica, Michigan 49448-9612616-837-1768

As I stated above, I wish to be excluded from the Class.

Very truly yours ,

Betty S . Macintire

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BETTY S . MACINTIRE11639 STATE ROA DNUNICA, MICHIGAN 49448-9612USA

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If you purchased AMCC securities during the Class Pe ri od as a nominee for the benefit of another , or were or are holding cenihc~': .,in your name as a nominee for someone who purchased or acquired such AMCC secu ri ties during the Class Pe ri od, you are direcu .either (I I send a copy of this Notice to the beneficial owner of the AMCC securities postmarked no later than 10 days from the date of : . :~Notice ; or (2) to provide the names and addresses of such persons no later than 10 days from the date of this Notice to App li ed MicroCircuits Corporation Securities Litigation. c/o Heftier , Radetich & Saitta L.L.P., P.O. Box 230 , Philadelphia . PA 19 L05-0230, in which casethe benc :icial owner will be sent a copy of this Notice . You may receive reimbursement for your reasonable and actual out-of -pocketdisbursements for complying with this requirement upon submission of an itemized statement to the referenced address .


All inquiries regarding this Action, other than Requests for Exclusion or requests for additional copies of this Notice, should be made

in writing, addressed to the following :

Applied Micro Circuits Corporation Securities Litigationc/o BARRACK, RODOS & BACINE3300 Two Commerce Square200! Market StreetPhiladelphia, PA 19103

The pleadings and other records of the Action may be examined and copied at any time during the regular office hours at the Office ofthe Clerk . United States District Court, Southern District of California, 880 Front Street, Suite 4290, San Diego, California 92101, under thefile number. Lead Case No . 01-CV-0649-K (A!B) .

PLEASE DO NOT CALL OR WRITE THE COURT OR THE OFFICE OF THE CLERK OF THE COURT FORINFORMATION OR ADVICE.

DATED- December 5, 2003 BY ORDER OF THE COURTHONORABLE JUDITH N . KEEPUNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNI A

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Dear Mike :

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Re: Applied Micro Circuits Litigation

Enclosed are copies of correspondence we received from 1 .) Marilyn

B. Freedner requesting to be excluded from the above-referenced matter ; 2.)Gwendolvn Maria Becher regarding her late father, Elmore Joseph Bechet, anAMCC shareholder; 3 .) the following individuals notifying us of a change of

address :

Ronald & Judy Wilson JTWROS ;

William J . & Margaret M. Liney;John P. Murta ; andRogene Cloud .

I have also enclosed additional correspondence we received from various class ~members . Please update your records with this new information .

Thank you for your prompt attention to this matter .

Sincer lv,

7 ~4

Leslie Bornstein Molder

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April 22, 2005

Applied Micro Circuits Corporations Securities LitigationClaims AdministratorHeffler, Radetich & Saitta, L .L.P .P.O. Box 230Philadelphia, PA 19105-023 0

RE: Exclusion request

Dear Sir or Madam :

Please consider this letter our request to be EXCLUDED from the Class In re Applied MicroCircuits Corp . Securities Litigation , Lead Case No. 01-CV-0649-BEN. We do not wish to beincluded in this class action lawsuit and will not be perusing any other settlement . Also, pleaseREMOVE our name from all mailing lists associated with this action . We do NOT wish toreceive any further correspondence regarding it.

If there are any questions about this request , we can be reached at 775.745.0565 .

Sincerely,

V T7r'Le.__

Bruce Fraser TTEEEllen Broesder Fraser TTEEBruce & Ellen Fraser TrustU/A 5/10/9 8930 Tahoe Blvd. #802-212Incline Village, NV 89451

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Fraser930 Tahoe Blvd .#802-212Jnclire Village, NV 89451

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Applied Micro Circuits Corporations SecuritiesLitigationClaims Administrato rHeffler, Radetich & Saitta , L.L.P .P.O . Box 230Philadelphia, PA 19105 -0230

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