Free Letter re Appeal - District Court of Colorado - Colorado

CM/ECF - U.S. District Court:cod - Docket Report Case 1:04-cv-00665-RPM Document 146-3

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U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:04-cv-00665-RPM Internal Use Only

Heller v. Quovadx, Inc., et al Assigned to: Judge Richard P. Matsch Demand: $0 Case in other court: USDC CO, 04M509(OES) Cause: 15:78m(a) Securities Exchange Act Plaintiff David Heller on behalf of himself and all others similarly situated

Date Filed: 04/05/2004 Date Terminated: 02/26/2007 Jury Demand: Both Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question

represented by Dennis Jeremy Herman Lerach Coughlin Stoia Geller Rudman & Robbins, LLP-SF CA 100 Pine Street #2600 San Francisco, CA 94111 415-288-4545 Fax: 415-288-4534 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Ex Kano S. Sams Lerach Coughlin Stoia Geller Rudman & Robbins, LLP-SF CA 100 Pine Street #2600 San Francisco, CA 94111 415-288-4545 Fax: 415-288-4534 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey W. Lawrence Lerach Coughlin Stoia Geller Rudman & Robbins, LLP-SF CA 100 Pine Street #2600 San Francisco, CA 94111 415-288-4545 Fax: 288-4534 Email: [email protected]

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LEAD ATTORNEY ATTORNEY TO BE NOTICED Joy Ann Bull Lerach Coughlin Stoia Geller Rudman & Robbins, LLP-SD CA 655 West Broadway #1900 San Diego, CA 92101 619-231-1058 Fax: 619-231-7423 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Kip Brian Shuman Shuman & Berens, LLP 801 East 17th Avenue Denver, CO 80218-1417 303-861-3003 Fax: 303-830-6920 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant Quovadx, Inc. represented by Adam Philip Stapen Dill, Dill, Carr, Stonbraker & Hutchings, PC 455 Sherman Street #300 Denver, CO 80203 303-777-3737 Fax: 303-777-3823 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED John Alonzo Hutchings Dill, Dill, Carr, Stonbraker & Hutchings, PC 455 Sherman Street #300 Denver, CO 80203 303-777-3737 Fax: 303-777-3823 Email: [email protected] LEAD ATTORNEY

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ATTORNEY TO BE NOTICED John Peter Stigi, III Sheppard Mullin Richter & Hampton, LLP-Los Angeles 333 South Hope Street 48th Floor Los Angeles, CA 90071-1448 213-620-1780 Fax: 213-620-1398 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Nina F. Locker Wilson, Sonsini, Goodrich & RosatiPalo Alto, CA 650 Page Mill Road Palo Alto, CA 94304-1050 650-493-9300 Fax: 650-565-5100 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Hugh Gottschalk Wheeler Trigg Kennedy, LLP 1801 California Street #3600 Denver, CO 80202 303-244-1858 Fax: 303-244-1879 Email: [email protected] ATTORNEY TO BE NOTICED John Mark Vaught Wheeler Trigg Kennedy, LLP 1801 California Street #3600 Denver, CO 80202 303-244-1800 Email: [email protected] ATTORNEY TO BE NOTICED Michael T. Williams Wheeler Trigg Kennedy, LLP 1801 California Street #3600 Denver, CO 80202 303-244-1867

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Fax: 303-2563867 Email: [email protected] ATTORNEY TO BE NOTICED Defendant Lorine R. Sweeney represented by Craig Richard Welling Rothgerber, Johnson & Lyons, LLPDenver United States District Court Box 11 1200 Seventeenth Street One Tabor Center, #3000 Denver, CO 80202-5855 303-628-9505 Fax: 303-623-9222 Email: [email protected] TERMINATED: 02/05/2007 LEAD ATTORNEY Frederick J. Baumann Rothgerber, Johnson & Lyons, LLPDenver United States District Court Box 11 1200 Seventeenth Street One Tabor Center, #3000 Denver, CO 80202-5855 303-628-9542 Fax: 303-623-9222 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Gary T. Scherping represented by Craig Richard Welling (See above for address) TERMINATED: 02/05/2007 LEAD ATTORNEY Frederick J. Baumann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Interested Party Special Situations Fund III, L.P. represented by Lawrence M. Rolnick Lowenstein Sandler, PC 65 Livingston Avenue Roseland, NJ 07068 973-597-2468 Fax: 973-597-2469 Email: [email protected]

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LEAD ATTORNEY ATTORNEY TO BE NOTICED Interested Party William S. Karn represented by William S. Karn 518 Dickson Avenue Ben Avon, PA 15202 412-734-1026 Fax: 412-734-1004 PRO SE

Date Filed 04/05/2004 04/05/2004 04/14/2004

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Docket Text 1 Class Action COMPLAINT for violation of the Federal Securities Laws (Summons(es) issued); jury demand (bpm) (Entered: 04/06/2004) FILING FEE PAID: on 4/5/04 in the amount of $ 150, receipt # 250937. (bpm) (Entered: 04/06/2004) 3 RETURN OF SERVICE of Summons and Complaint upon defendant Quovadx, Inc. on 4/9/04 by leaving with: Linda K. Wackwitz, RA (dlb) (Entered: 04/15/2004) 4 MOTION by plaintiff to consolidate cases 04-M-0509, 04-WM-0543, 04WM-0605, 04-M-0614, 04-M-0665, 04-M-0758, 04-M-0780, 04-M0908, 04-M-0917 (dlb) (Entered: 05/14/2004) 5 NOTICE of Change of firm affiliation of Lerach Coughlin Stoia & Robbins LLP (dlb) (Entered: 05/14/2004) 6 MOTION by David Heller for appointment as lead pla and for approval of lead pla's choice of co-lead counsel (dlb) (Entered: 05/18/2004) 7 DECLARATION of Dennis J. Herman by David Heller re: motion for appointment as lead pla and for approval of lead pla's choice of co-lead counsel [6-1] (dlb) (Entered: 05/18/2004) 8 Notice of MOTION by The Holoubek Group to consolidate cases , for appointment as lead pla and for approval of proposed lead pla's selection of lead counsel (dlb) (Entered: 05/18/2004) 9 Memorandum of Law (BRIEF) by The Holoubek Group in support of motion to consolidate cases [8-1], motion for appointment as lead pla and for approval of proposed lead pla's selection of lead counsel [8-2] (dlb) (Entered: 05/18/2004) 10 DECLARATION of Christopher Keller by The Holoubek Group re: brief [9-1], re: motion to consolidate cases [8-1], re: motion for appointment as lead pla and for approval of proposed lead pla's selection of lead counsel [8-2] (dlb) (Entered: 05/18/2004) 25 MOTION by Quovadx Shareholders Group, David Heller, et al to consolidate cases , and for appointment of lead pla and approval of its

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selection of lead csl and liaison csl and memorandum of points and authorities in support (lam) Modified on 09/21/2004 (Entered: 06/18/2004) 05/17/2004 26 MOTION by class member William Breseman to consolidate actions , and for appointment as lead pla and for approval of lead pla's selection of lead csl and co-csl (lam) Modified on 06/18/2004 (Entered: 06/18/2004) 27 MOTION by Ronald Dean Hallman, Jr. for appointment as lead pla and for approval of his selection of lead csl (lam) (Entered: 06/18/2004) 11 MOTION by defendant Quovadx, Inc. to dismiss pla's class action complaint (dlb) (Entered: 05/18/2004) 12 Memorandum BRIEF by defendant Quovadx, Inc. in support of motion to dismiss pla's class action complaint [11-1] (dlb) (Entered: 05/18/2004) 13 MOTION by Leonard Rich Group to consolidate cases , for appointment as lead pla and approval of their selection of lead counsel (dlb) (Entered: 05/19/2004) 14 Memorandum of Law (BRIEF) by Leonard Rich Group in support of motion to consolidate cases [13-1], motion for appointment as lead pla and approval of their selection of lead counsel [13-2] (dlb) (Entered: 05/19/2004) 15 Certificate (RETURN) OF SERVICE by Leonard Rich Group of brief [14-1], motion to consolidate cases [13-1], motion for appointment as lead pla and approval of their selection of lead counsel [13-2] (dlb) (Entered: 05/19/2004) 16 DECLARATION of Robin Switzenbaum by Leonard Rich Group re: brief [14-1], re: motion to consolidate cases [13-1], re: motion for appointment as lead pla and approval of their selection of lead counsel [13-2] (dlb) (Entered: 05/19/2004) 17 ATTORNEY APPEARANCE for Lorine R. Sweeney, Gary T. Scherping by Frederick J. Baumann, Craig Richard Welling (dlb) (Entered: 05/21/2004) 18 ORDER by Judge Richard P. Matsch denying motion to consolidate cases 04-M-0509, 04-WM-0543, 04-WM-0605, 04-M-0614, 04-M-0665, 04-M-0758, 04-M-0780, 04-M-0908, 04-M-0917 [4-1], denying motion to consolidate cases [8-1], denying motion to consolidate cases [13-1]; pla's shall have to and including 6/10/04 to respond regarding [11-1] motion to dismiss pla's class action complaint; discovery is stayed during the pendency of motion to dismiss; (cc: all counsel) entry date : 5/24/04 (pap) Modified on 05/24/2004 (Entered: 05/24/2004) 19 MOTION by defendant Quovadx, Inc. for status conference ( hearing) (gms) (Entered: 06/08/2004) 20 MOTION by plaintiff David Heller for leave to file opposition to competing lead plaintiff motions (gms) (Entered: 06/08/2004)

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Tendered Opposition to Competing Lead Plaintiff Motions submitted by plaintiff David Heller re: motion for leave to file opposition to competing lead plaintiff motions [20-1] (gms) (Entered: 06/08/2004) 21 1st AMENDED Class Action COMPLAINT [1-1] by plaintiff; jury demand (gms) (Entered: 06/11/2004) 22 ACCEPTANCE OF SERVICE for dfts Lorine R. Sweeney, Gary T. Scherping signed on 6/14/04 by Craig R. Welling, Esq (pap) (Entered: 06/15/2004) 23 ORDER by Judge Richard P. Matsch ; status conf set for 10:00 6/23/04 pursuant to granting of the motion for status conference ( hearing) [19-1] (cc: all counsel) ; entry date : 6/16/04 (pap) (Entered: 06/16/2004) 24 MOTION by defendant Quovadx, Inc. for extension of time to respond to pla's first amended complaint to 8/4/04 (pap) (Entered: 06/17/2004) 28 MINUTE ORDER : by Judge Richard P. Matsch regarding [24-1] dft's motion for extension of time to respond to pla's first amended complaint to 8/4/04; motion will be heard on 6/23/04 at status conference (cc: all counsel) ; entry date : 6/21/04 (dlb) (Entered: 06/21/2004) 29 DECLARATION of Ronald Dean Hallman, Jr. (dlb) (Entered: 06/22/2004) Tendered Reply submitted by plaintiff David Heller re: motion for leave to file opposition to competing lead plaintiff motions [20-1] (dlb) (Entered: 06/23/2004) 30 REPLY by plaintiff David Heller to motion for appointment as lead pla and for approval of his selection of lead csl [27-1], to motion to consolidate actions [26-1], to motion for appointment as lead pla and for approval of lead pla's selection of lead csl and co-csl [26-2] (dlb) (Entered: 06/23/2004) 31 COURTROOM MINUTES by Judge Richard P. Matsch regarding [21-1] amended complaint; all dfts have 20 days to respond; regarding [11-1] motion to dismiss pla's class action complaint; responses due purs to rules ; status conf held 6/23/04 ; entry date : 6/24/04 Court Reporter: FTR (dlb) (Entered: 06/24/2004) 32 ORDER by Judge Richard P. Matsch regarding [21-1] amended complaint; all dfts shall respond by 7/14/04 (cc: all counsel) ; entry date : 6/24/04 (dlb) (Entered: 06/24/2004) 33 MOTION by dfts Lorine R. Sweeney, Gary T. Scherping to dismiss first amd class action cmp (lam) (Entered: 07/15/2004) 34 MOTION by defendant Quovadx, Inc. to dismiss first amd class action cmp (lam) (Entered: 07/15/2004) 35 Memorandum (BRIEF) by defendant Quovadx, Inc. in support of motion to dismiss first amd class action cmp [34-1] (lam) (Entered: 07/15/2004)

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36 Combined Opposition (RESPONSE) by plaintiff David Heller to defendants' motions to dismiss [34-1], [33-1] (lam) (Entered: 08/04/2004) 37 APPENDIX of Non-Published Authorities filed by plaintiff David Heller in support of combined opposition to dfts' motions response [36-1] to dfts' mtns to dismiss [34-1], [33-1] (lam) (Entered: 08/04/2004) 38 MOTION by Lead Pla Movant Ronald Dean Hallman Jr. for entry of order schedule for discovery and further briefing re: completing lead pla motions (dlb) (Entered: 08/04/2004) 39 DECLARATION of Solomon B. Cera by Ronald Dean Hallman Jr. re: motion for entry of order schedule for discovery and further briefing re: completing lead pla motions [38-1] (dlb) (Entered: 08/04/2004) 40 REQUEST by plaintiff David Heller for JUDICIAL NOTICE in support of pla's combined opposition to dfts' mtns to dismiss (dlb) (Entered: 08/04/2004) 41 TRANSCRIPT of Hearing on 6/23/04 before Judge Matsch ( pages: 139) Prepared By: Fed Reporting Service Inc (certified copy) (lam) (Entered: 08/09/2004) 42 NOTICE of change of firm name of Lerach Couglin Stoia & Robbins, LLP by plaintiff David Heller (lam) (Entered: 08/16/2004) 43 Unopposed MOTION by Lorine R. Sweeney, Gary T. Scherping to extend time to file reply in support of mtn to dismiss pla's class action cmp to 8/23/04 (lam) (Entered: 08/17/2004) 44 ORDER by Judge Richard P. Matsch granting dfts' unopposed motion to extend time to file reply in support of mtn to dismiss pla's class action cmp to 8/23/04 [43-1] (cc: all counsel) ; entry date : 8/19/04 (pap) (Entered: 08/19/2004) 45 REPLY Memorandum by defendant Quovadx, Inc. in further support of its motion to dismiss to pla's first amended class action complaint for violation of the Federal Securities Laws [34-1] (lam) (Entered: 08/24/2004) 46 REPLY by defendants Sweeney and Scherping in further support of their motion to dismiss pla's first amended class action cmp for violation of the federal securities laws [33-1] (lam) (Entered: 08/24/2004) 47 RESPONSE by plaintiff David Heller in opposition to motion of movant Ronald Dean Hallman, Jr. for for discovery and for entry of proposed schedule for discovery and for further briefing re: completing lead pla motions [38-1] (lam) (Entered: 08/24/2004) 48 AFFIDAVIT of Ex Kano S. Sams II in support of David Heller's opposition [47-1], to motion of movant Ronadl Dean Hallman, Jr. for discovery, for entry of proposed schedule for discovery and for further briefing re: competint lead pla mtns [38-1] (lam) (Entered: 08/24/2004)

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49 APPENDIX of non-published authorities filed in support of plaintiff David Heller's opposition [47-1], to movant Ronald Dean Hallman, Jr. for discovery, for entry of proposed schedule for discovery and for further briefing regarding competing lead pla mtns [38-1] (lam) (Entered: 08/24/2004) 50 MOTION by Lead Plaintiff Movant Ronald Dean Hallman Jr. for a court directive re: settlement procedures (lam) (Entered: 09/08/2004) 51 DECLARATION of Solomon B. Cera by Lead Plaintiff Ronald Dean Hallman Jr. in support of motion for a court directive re: settlement procedures [50-1] (lam) (Entered: 09/08/2004) 52 REPLY Memorandum by Lead Plaintiff Movant Ronald Dean Hallman Jr. to in support of motion for entry of order schedule for discovery and further briefing re: completing lead pla motions [38-1] (lam) (Entered: 09/08/2004) 53 Reply DECLARATION of Gwendolyn R. Giblin by Lead Plaintiff Movant Ronald Dean Hallman Jr. in support of motion for entry of order schedule for discovery and further briefing re: completing lead pla motions [38-1] (lam) (Entered: 09/08/2004) 54 ORDER by Judge Richard P. Matsch: granting the motion David Heller for appointment as lead pla [6-1]; denying motion of Ronald Dean Hallman, Jr. to be appointed lead pla and for approval of his selection of lead csl [27-1]; denying Ronald Dean Hallman, Jr's motion for entry of order schedule for discovery and further briefing re: completing lead pla motions [38-1]; that by 9/30/04, pla David Heller shall submit a new motion for approval of lead counsel, the court will not appoint "co-lead counsel"; the selected csl's entry of appearance must be made in accordance with Local Rule 11.1 (cc: all counsel) ; entry date : 9/9/04 (lam) (Entered: 09/09/2004) 55 ORDER by Judge Richard P. Matsch denying movant Ronald Dean Hallman, Jr.'s for a court directive re: settlement procedures [50-1] (cc: all counsel) ; entry date : 9/14/04 (lam) (Entered: 09/14/2004) 56 ATTORNEY APPEARANCE for plaintiff David Heller by Ex Kano S. Sams (lam) (Entered: 09/29/2004) 57 ATTORNEY APPEARANCE for plaintiff David Heller by Dennis Jeremy Herman (lam) (Entered: 09/29/2004) 58 ATTORNEY APPEARANCE for plaintiff David Heller by Jeffrey W. Lawrence (lam) (Entered: 09/29/2004) 59 Notice of Motion and MOTION by plaintiff David Heller for order of approval of choice of lead csl Lerach Coughlin (lam) (Entered: 09/29/2004) 60 DECLARATION of Ex Kano S. Sams II by plaintiff David Heller in support of motion for order of approval of choice of lead csl Lerach Coughlin [59-1] (lam) (Entered: 09/29/2004)

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61 ORDER by Judge Richard P. Matsch approving David Heller's choice of counsel, Lerach Coughlin Stoia Geller Rudman & Robbins, LLP to represent the proposed class on the claims alleged in the pla's first amended class action complaint for violation of the federal securities laws [59-1]; the appearance of Jeffrey W. Lawrence, Dennis J. Herman and Ex Kano S. Adams II, as attys is recongnized (cc: all counsel) entry date : 10/1/04 (lam) Modified on 10/01/2004 (Entered: 10/01/2004) 62 ORDER by Judge Richard P. Matsch denying dfts' motions to dismiss [34-1], [33-1] (cc: all counsel) ; entry date : 10/1/04 (lam) (Entered: 10/01/2004) 63 ANSWER by officer dfts Lorine R. Sweeney, Gary T. Scherping to amended class action complaint [21-1] (lam) (Entered: 10/14/2004) 64 ANSWER by defendant Quovadx, Inc. to first amended class action complaint [21-1] (lam) (Entered: 10/15/2004) 65 ORDER FOR RULE 16 CONFERENCE by Judge Richard P. Matsch ; Rule 16 conference set for 10:00 11/18/04 (cc: all counsel) (pap) (Entered: 10/25/2004) 66 Minute Entry for proceedings held before Judge Richard P. Matsch : Scheduling Conference held on 11/18/2004. Revised proposed scheduling order due in 30 days. (Court Reporter FTR.) (gms, ) (Entered: 11/23/2004) 67 ORDER For Hearing On Disputed Issues in Scheduling Order: In Court Hearing set for 1/13/2005 at 02:00 PM in Courtroom A before Judge Richard P. Matsch. Signed by Judge Richard P. Matsch on 12/20/04. (lam, ) (Entered: 12/22/2004) 68 Minute Entry for proceedings held before Judge Richard P. Matsch : IN COURT Hearing held on 1/13/2005 (Court Reporter FTR Technician.) (dlb, ) (Entered: 01/18/2005) 69 SECOND REVISED SCHEDULING ORDER:. Signed by Judge Richard P. Matsch on 1/13/05. (dlb, ) (Entered: 01/19/2005) 70 Notice of Motion and MOTION for Class Certification by Plaintiff David Heller. (lam, ) (Entered: 02/03/2005) 71 APPENDIX of Non-Published Authority in Support of [70] MOTION for Class Certification by Plaintiff David Heller. (lam, ) (Entered: 02/03/2005) 72 DECLARATION of Lead Plaintiff David Heller in Support of MOTION for Class Certification [70]. (lam, ) (Entered: 02/03/2005) 73 DECLARATION of Ex Kano S. Sams II in Support of MOTION for Class Certification[70]. (lam, ) (Entered: 02/03/2005) 74 ORDER granting [70] Pla's Motion to Certify Class . Signed by Judge Richard P. Matsch on 4/12/05. (erv, ) (Entered: 04/13/2005)

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75 Statement of Non-Opposition (RESPONSE) to [70] Notice of Motion and MOTION for Class Certification by Plaintiff David Heller filed by Defendant Quovadx, Inc.. (dlb, ) (Entered: 04/14/2005) 76 MOTION to Amend/Correct/Modify LEAD PLAINTIFF'S REQUEST TO AMEND THE SECOND REVISED SCHEDULING ORDER AND SET DECEMBER 5, 2005 TRIAL DATE by Plaintiff David Heller. (Attachments: # 1 Exhibit A)(Lawrence, Jeffrey) (Entered: 07/06/2005) 77 ORDER denying 76 Lead Plaintiff's Requestto Amend the Second Revised Scheduling Order and set December 5, 2005 trial date. Signed by Judge Richard P. Matsch on 7/22/05. (lam, ) (Entered: 07/22/2005) 78 Stipulated MOTION for Protective Order Regarding Confidentiality by Plaintiff David Heller, Defendants Quovadx, Inc., Lorine R. Sweeney, Gary T. Scherping. (Stapen, Adam) (Entered: 08/15/2005) 79 Stipulation and PROTECTIVE ORDER Regarding Confidentiality. Signed by Judge Richard P. Matsch on 8/16/05. (lam, ) (Entered: 08/16/2005) 80 MOTION for Order to Enter the [Proposed] Consolidated Scheduling Order by Defendant Quovadx, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Hutchings, John) (Entered: 11/02/2005) 81 ORDER denying 80 Defendant Quovadx, Inc.'s Request for Entry of the [Proposed] Consolidated Scheduling Order. Signed by Judge Richard P. Matsch on 11/4/05. (lam, ) (Entered: 11/04/2005) 82 MOTION to Vacate the Second Revised Scheduling Order [69] Pending Entry of a Further Revised, Coordinated Scheduling Order by Defendants Quovadx, Inc., Lorine R. Sweeney, Gary T. Scherping. (Stigi, John) (Modified on 11/8/2005 to add linkage to related Doc. # 69)(lam, ). (Entered: 11/08/2005) 83 Proposed MOTION for Order to [PROPOSED] Order Vacating the Second Revised Scheduling Order by Defendants Quovadx, Inc., Lorine R. Sweeney, Gary T. Scherping. (Stigi, John) (Entered: 11/08/2005) 84 Docket Annotation re: 82 MOTION to Vacate the Second Revised Scheduling Order Pending Entry of a Further Revised, Coordinated Scheduling Order. This entry was modified to add linkage to the related Doc. # 69, Second Revised Scheduling Order. Text only entry - no document attached. (lam, ) (Entered: 11/08/2005) 85 ORDER upon 82 Defendant Quovadzx, Inc.'s Motion to Vacate the Second Revised Scheduling, that the Second Revised [69] Scheduling Order is vacated. Signed by Judge Richard P. Matsch on 11/10/05. (lamsl, ) (Entered: 11/10/2005) 86 ORDER Setting Joint Scheduling Conference for this Civil Action and 04-cv-1006-RPM for 1/5/2006 02:30 PM in Courtroom A before Judge Richard P. Matsch. Signed by Judge Richard P. Matsch on 11/10/05. (lam2, ) (Entered: 11/10/2005)

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87 Proposed Scheduling Order by Defendants Quovadx, Inc., Lorine R. Sweeney, Gary T. Scherping. (Stigi, John) (Entered: 12/28/2005) 88 MINUTE ORDER that the Joint Scheduling Conference set for today is vacated and reset for 2/9/2006 02:00 PM in Courtroom A before Judge Richard P. Matsch, by Judge Richard P. Matsch on 1/4/06. (lam2, ) (Entered: 01/05/2006) 89 MINUTE ORDER that the Court having granted Lead Plaintiffs' Motion to Re-Schedule Status Conference filed in 04-cv-10006, the conference set for 2/9/06 is vacated. Counsel shall contact Chambers to reschedule the conference,by Judge Richard P. Matsch on 2/6/06. (lam, ) (Entered: 02/06/2006) 90 MINUTE ORDER: Joint Scheduling Conference set for 2/24/2006 10:00 AM in Courtroom A before Judge Richard P. Matsch, by Judge Richard P. Matsch on 2/7/06. (gms, ) (Entered: 02/07/2006) 91 MINUTE ORDER upon the unopposed request of Mr. Lawrence, the joint scheduling conference for this action and action 04-cv-01006-RPM is rescheduled for 11:30 AM on 2/24/06 in Courtroom A before Judge Richard P. Matsch, by Judge Richard P. Matsch on 2/21/06. (lam, ) (Entered: 02/21/2006) 92 Amended MINUTE ORDER re: 91 Order: Scheduling Conference reset for 2/24/2006 11:00 AM in Courtroom A before Judge Richard P. Matsch, by Judge Richard P. Matsch on 2/21/06. (gms, ) (Entered: 02/21/2006) 93 Minute Entry - Courtroom Minutes for Joint Scheduling Conference held on 2/24/2006 before Judge Richard P. Matsch : ORDERED: Counsel shall submit proposed class notice, settlement agreement and motion for preliminary approval.Court Reporter FTR - K. Terasaki) (rpmcd) (Entered: 02/28/2006) 94 NOTICE to the Court of Settlement by Plaintiff David Heller. (lam, ) (Entered: 04/13/2006) 95 SETTLEMENT AGREEMENT Stipulation of Settlement by Plaintiff David Heller. (Attachments: # 1 Exhibit A - Proposed Order# 2 Exhibit A-1 - Notice of Pendency and Proposed Settlement# 3 Exhibit A-2 Proof of Claim and Release# 4 Exhibit A-3 - Summary Notice# 5 Exhibit B - Final Judgment)(Bull, Joy) (Entered: 08/22/2006) 96 Unopposed MOTION to Lead Plaintiff's Unopposed Motion for Preliminary Approval of Settlement by Plaintiff David Heller. (Attachments: # 1 Proposed Order (PDF Only) Preliminarily Approving Settlement and Providing for Notice# 2 Exhibit A-1 - Notice of Pendency and Proposed Settlement# 3 Exhibit A-2 - Proof of Claim and Release# 4 Exhibit A-3 - Summary Notice)(Bull, Joy) (Entered: 08/22/2006) 97 ORDER for Clarification of 96 MOTION for Preliminary Approval of Settlement. This Order is being served upon counsel in both 04-cv-665

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and 04-cv-1006. Counsel in 04-665 are directed to respond to the questions posed in this Order. The Court also invites comments from Lead Counsel in 04-cv-1006. Responses to this Order shall be submitted in writing by 10/6/06. Signed by Judge Richard P. Matsch on 9/6/06. (lam, ) (Entered: 09/06/2006) 10/03/2006 10/05/2006 98 NOTICE of Firm Name Change by Plaintiff David Heller (Shuman, Kip) (Entered: 10/03/2006) 99 RESPONSE to 97 Order, PLAINTIFF'S RESPONSE TO COURT'S ORDER FOR CLARIFICATION by Plaintiff David Heller. (Lawrence, Jeffrey) (Entered: 10/05/2006) 100 LETTER re: 97 Order, Comments re Preliminary Settlement Agreement by Interested Party Special Situations Fund III, L.P.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Stricken form the record per 10/11/06 Order)((Rolnick, Lawrence) (Modified on 10/11/2006 to note this document is stricken)(lam, ). (Entered: 10/06/2006) 101 NOTICE of Entry of Appearance by Michael T. Williams on behalf of Quovadx, Inc. (Williams, Michael) (Entered: 10/06/2006) 102 MOTION for Extension of Time to File Response/Reply as to 97 Order, by Defendant Quovadx, Inc.. (Attachments: # 1 Proposed Order (PDF Only))(Williams, Michael) (Entered: 10/06/2006) 103 NOTICE of Entry of Appearance by Hugh Gottschalk on behalf of Quovadx, Inc. (Gottschalk, Hugh) (Entered: 10/09/2006) 104 LETTER re: 102 MOTION for Extension of Time to File Response/Reply as to 97 Order, Opposition to Motion for Extension of Time by Interested Party Special Situations Fund III, L.P. (Stricken from the record per 10/11/06 Order) (Rolnick, Lawrence) (Modified on 10/11/2006 to note this document is stricken)(lam, ). (Entered: 10/09/2006) 105 NOTICE of Entry of Appearance by John Mark Vaught on behalf of Quovadx, Inc. (Vaught, John) (Entered: 10/09/2006) 106 RESPONSE to 97 Order, for Clarification of Motion for Preliminary Approval of Settlement by Defendant Quovadx, Inc.. (Attachments: # 1 Exhibit 1) (Stricken from the record per 10/11/06 Order)(Williams, Michael) (Modified on 10/11/2006 to note this document is stricken) (lam, ). (Entered: 10/10/2006) 107 ORDER denying Quovadx, Inc's 102 Motion for Extension of Time to File Response to Clarification Order. Signed by Judge Richard P. Matsch on 10/11/06.(lam, ) (Entered: 10/11/2006) 108 ORDER that the 100 Letter to the Court from Mr. Rolnick dated 10/6/06, and the 104 Letter to the Court from Mr. Rolnick dated 10/9/06, are to be stricken from the docket. Signed by Judge Richard P. Matsch on 10/11/06. (lam, ) (Entered: 10/11/2006)

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109 ORDER Striking Defendant Quovadx, Inc.'s Response to the Court's September 9/6/06 Order for Clarification 106. Signed by Judge Richard P. Matsch on 10/11/06. (lam, ) (Entered: 10/11/2006) 110 ORDER denying Lead Plaintiff's 96 Motion for Preliminary Approval of Settlement. Signed by Judge Richard P. Matsch on 10/11/06.(lam, ) (Entered: 10/11/2006) 111 Docket Annotation re: 100 Letter, 106 Response, and 104 Letter. These documents were modified to note they have been stricken from the record pursuant to the Judge's Orders of 10/11/06 Doc. # 108 and Doc. # 109. Text only entry - no document attached. (lam, ) (Entered: 10/11/2006) 112 SETTLEMENT AGREEMENT Amended Stipulation of Settlement by Plaintiff David Heller. (Attachments: # 1 Exhibit A, [Proposed] Order Preliminarily Approving Settlement and Providing for Notice# 2 Exhibit A-1, Notice of Pendency and Proposed Settlement of Class Action# 3 Exhibit A-2, Proof of Claim and Release# 4 Exhibit A-3, Summary Notice# 5 Exhibit B, [Proposed] Final Judgment and Order of Dismissal with Prejudice)(Bull, Joy) (Entered: 11/10/2006) 113 Unopposed MOTION to Lead Plaintiff's Unopposed Motion for Preliminary Approval of Settlement by Plaintiff David Heller. (Attachments: # 1 Proposed Order (PDF Only) [Proposed] Order Preliminarily Approving Settlement and Providing for Notice# 2 Exhibit A-1, Notice of Pendency and Proposed Settlement of Class Action# 3 Exhibit A-2, Proof of Claim and Release# 4 Exhibit A-3, Summary Notice)(Bull, Joy) (Entered: 11/15/2006) 114 SEALED DOCUMENT by Plaintiff David Heller. (Bull, Joy) (Entered: 11/15/2006) 115 SUPPLEMENTAL Agreement re: 112 the Stipulation by Plaintiff David Heller, Defendants Quovadx, Inc., Lorine Sweeney, Gary T. Scherping. (Public entry for Sealed Document [114] filed 11/15/06) Text only entry - no document attached. (lam, ) (Entered: 11/16/2006) 116 SETTLEMENT AGREEMENT Second Amended Stipulation of Settlement by Plaintiff David Heller. (Attachments: # 1 Exhibit A, [Proposed] Revised Order Preliminarily Approving Settlement and Providing for Notice# 2 Exhibit A-1, Notice of Pendency and Proposed Settlement of Class Action# 3 Exhibit A-2, Proof of Claim and Release# 4 Exhibit A-3, Summary Notice# 5 Exhibit B, [Proposed] Final Judgment and Order of Dismissal with Prejudice)(Bull, Joy) (Entered: 11/20/2006) 117 Unopposed MOTION to Lead Plaintiff's Unopposed Motion for Preliminary Approval of Settlement Set Forth in Second Amended Stipulation of Settlement by Plaintiff David Heller. (Attachments: # 1 Proposed Order (PDF Only) [Proposed] Revised Order Preliminarily Approving Settlement and Providing for Notice# 2 Exhibit A-1, Notice of Pendency and Proposed Settlement of Class Action# 3 Exhibit A-2, Proof of Claim and Release# 4 Exhibit A-3, Summary Notice)(Bull, Joy) (Entered: 11/20/2006)

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118 ORDER Preliminarily Approving Settlement and Providing Notice re: 113, 117; a Settlement Hearing is set for 2/23/07 at 1:30 PM. Signed by Judge Richard P. Matsch on 11/20/06. (Attachments: # 1 Exh. A-1 Notice of Pendency and Proposed Settlement# 2 Exh. A-2 Proof of Claim and Release# 3 Exh. A-3 Summary Notice)(lam, ) (Modified on 11/21/2006 to add hearing date and time) (lamsl, ). (Entered: 11/20/2006) 119 Utility Setting/Resetting Deadlines/Hearings: Pursuant to 11/20/06 Order a Settlement Hearing is set for 2/23/2007 01:30 PM before Judge Richard P. Matsch. Text only entry - no document attached.(lamsl, ) (Entered: 11/21/2006) 120 OBJECTIONS to the Settlement 118 by Interested Party William S. Karn, Quovadx, Inc. share owner. (lam, ) (Entered: 01/02/2007) 121 MOTION for Order for Admission of Appearance of Objecting Share Owner, MOTION for Hearing on Alleged Title 15 USC §1 Violation, and MOTION for Ruling on Constitutionality of Class Action by Interested Party William S. Karn. (lam2, ) (Entered: 01/05/2007) 122 MOTION for Allowance of HTML Format Filing by Objecting Share Owner, filed by Interested Party William S. Karn. (jjh, ) (Entered: 01/08/2007) 123 ORDER denying Mr. Karn's 121 Motion for Admission of Appearance of Objecting Share Owner; Denying Mr. Karn's 121 Motion for Hearing on Alleged Title 15 Violation; Denying Mr. Karn's 121 Motion for Ruling on Constitutionality of Class Action; Denying Mr. Karn's 122 Motion for Allowance of HTML Format Filing. Signed by Judge Richard P. Matsch on 01/10/07.(jjh, ) (Entered: 01/10/2007) 124 MOTION to Withdraw as Attorney by Defendants Lorine R. Sweeney, Gary T. Scherping. (Attachments: # 1 Proposed Order (PDF Only) Granting Motion to Withdraw)(Welling, Craig) (Entered: 02/05/2007) 125 ORDER granting Defendant's 124 Motion to Withdraw as Attorney. Attorney Craig Richard Welling terminated. Signed by Judge Richard P. Matsch on 02/05/07.(jjh, ) (Entered: 02/05/2007) 126 MOTION for Reconsideration by Interested Party William S. Karn. (jjh, ) (Entered: 02/05/2007) 127 MOTION to Notice of Motion and Motion for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds by Plaintiff David Heller. (Attachments: # 1 Proposed Order (PDF Only) Approving Plan of Allocation of Settlement Proceeds# 2 Proposed Order (PDF Only) Final Judgment and Order of Dismissal with Prejudice)(Bull, Joy) (Entered: 02/14/2007) 128 BRIEF in Support re 127 MOTION to Notice of Motion and Motion for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds Lead Plaintiff's Memorandum of Law in Support of Motion for Final Approval of Class Action Settlement and Plan of

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Allocation of Settlement Proceeds filed by Plaintiff David Heller. (Bull, Joy) (Entered: 02/14/2007) 02/14/2007 129 DECLARATION of Jeffrey W. Lawrence regarding MOTION to Notice of Motion and Motion for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds127 by Plaintiff David Heller. (Bull, Joy) (Entered: 02/14/2007) 130 DECLARATION of Mailing and Publication regarding MOTION to Notice of Motion and Motion for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds127 by Plaintiff David Heller. (Attachments: # 1 Exhibit A, Class Notice# 2 Exhibit B, Affidavit of Publication)(Bull, Joy) (Entered: 02/14/2007) 131 DECLARATION of Joy Ann Bull regarding MOTION to Notice of Motion and Motion for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds127 by Plaintiff David Heller. (Attachments: # 1 Exhibit 1, NERA February 2004 Report# 2 Exhibit 2, NERA April 2006 Report)(Bull, Joy) (Entered: 02/14/2007) 132 MOTION for Attorney Fees Lead Plaintiff's Notice of Motion and Application for Award of Attorneys' Fees and Reimbursement of Expenses by Plaintiff David Heller. (Attachments: # 1 Proposed Order (PDF Only) Awarding Plaintiffs' Counsel's Attorneys' Fees and Reimbursement of Expenses)(Bull, Joy) (Entered: 02/16/2007) 133 BRIEF in Support re 132 MOTION for Attorney Fees Lead Plaintiff's Notice of Motion and Application for Award of Attorneys' Fees and Reimbursement of Expenses filed by Plaintiff David Heller. (Bull, Joy) (Entered: 02/16/2007) 134 DECLARATION of Jeffrey W. Lawrence regarding MOTION for Attorney Fees Lead Plaintiff's Notice of Motion and Application for Award of Attorneys' Fees and Reimbursement of Expenses132 by Plaintiff David Heller. (Bull, Joy) (Entered: 02/16/2007) 135 DECLARATION of David Heller regarding MOTION for Attorney Fees Lead Plaintiff's Notice of Motion and Application for Award of Attorneys' Fees and Reimbursement of Expenses132 by Plaintiff David Heller. (Bull, Joy) (Entered: 02/16/2007) 136 DECLARATION of Joy Ann Bull Filed on Behalf of Lerach Coughlin Stoia Geller Rudman & Robbins LLP in Support of Application for Award of Attorneys' Fees and Reimbursement of Expenses regarding MOTION for Attorney Fees Lead Plaintiff's Notice of Motion and Application for Award of Attorneys' Fees and Reimbursement of Expenses132 by Plaintiff David Heller. (Attachments: # 1 Exhibit A, Firm Resume)(Bull, Joy) (Entered: 02/16/2007) 137 DECLARATION of Joy Ann Bull regarding MOTION for Attorney Fees Lead Plaintiff's Notice of Motion and Application for Award of Attorneys' Fees and Reimbursement of Expenses132 by Plaintiff David Heller. (Attachments: # 1 Exhibit 1, NERA February 2004 Report# 2 Exhibit 2,

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In re Northwestern Corp.# 3 Exhibit 3, NERA November 1996 Report# 4 Exhibit 4, Federal Judicial Center 1996 Report# 5 Exhibit 5, Rasner v. Firstworld# 6 Exhibit 6, Angres v. Smallworld# 7 Exhibit 7, Schwartz v. Celestial Seasonings# 8 Exhibit 8, In re Intelcom Group# 9 Exhibit 9, Schaffer v. Evolving Systems# 10 Exhibit 10, Queen Uno v. Coeur d'Alene# 11 Exhibit 11, In re Einstein Noah Bagel# 12 Exhibit 12, In re Coram Healthcare# 13 Exhibit 13, In re Resort Income# 14 Exhibit 14, Wolf v. Breitenbach)(Bull, Joy) (Entered: 02/16/2007) 02/22/2007 139 MEMORANDUM (BRIEF) by Interested Party William S. Karn. Pursuant to the Judge's Order of 2/26/07 this Memorandum is Stricken from the Record. Signed by Judge Richard P. Matsch on 02/26/07. (jjh, ) (Entered: 02/26/2007) (jjh, ) (Modified on 2/26/2007 to note document was stricken)(lam, ). (Entered: 02/26/2007) 138 Minute Entry - Courtroom Minutes for Rule 23(e) Fairness Hearing held on 2/23/2007 before Judge Richard P. Matsch. ORDERED: Williams S. Karns objection is denied [Doc. 126], Settlement approved. Court shall prepare and enter an order. Lead Plaintiffs Notice of Motion and Motion for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds, filedFebruary 14, 2007 127, is granted.Hearing on motion for attorney fees is scheduled April 13, 2007 at 1:30.. (Court Reporter FTR - K. Terasaki) (rpmcd) (Entered: 02/23/2007) 141 Utility Setting/Resetting Deadlines/Hearings: Pursuant to Minutes of 02/23/07. Motion Hearing set for 4/13/2007 01:30 PM in Courtroom A before Judge Richard P. Matsch. Text only entry - no document attached. (jjh, ) (Entered: 02/26/2007) 140 ORDER Denying 120 Objections to the Settlement filed by William S. Karn and Striking Other papers submitted by him. The Memorandum 139 filed by William S. Karn 02/22/07 is Stricken from the Record. Signed by Judge Richard P. Matsch on 02/26/07. (jjh, ) (Entered: 02/26/2007) 142 ORDER Approving Plan of Allocation of Settlement Proceeds as set forth in this Order re: 127. Signed by Judge Richard P. Matsch on 02/26/07. (jjh, ) (Entered: 02/26/2007) 143 Final Judgment is entered pursuant to Final Approval of Class Action Settlement of Allocation of Settlement Proceeds. Attorneys' fees and expenses application shall be considered separate from this Final Judgment. Signed by Judge Richard P. Matsch on 02/26/07. (jjh, ) (Entered: 02/26/2007) 144 TRANSCRIPT of Rule 23 (e) Fairness Hearing held on 02/23/07 before Judge Kane. Prepared by: Federal Reporting Service. Pages: 1-20. (certified copy) Text Only Entry - Per statute, copies of transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio taped record, the courtroom deputy for the judicial officer. (jjh, ) (Entered: 02/28/2007) 145 NOTICE OF APPEAL as to 140 Order, 143 Judgment, by Interested

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Party William S. Karn. Filing fee $ 455, receipt number 54. Notice mailed to all counsel on 03/19/07. (bjr2, ) (Entered: 03/19/2007)

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