Free Judgment - District Court of Colorado - Colorado

Case 1:04-cv-00665-RPM

Document 143

Filed 02/26/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 04-cv-00665-RPM DAVID HELLER, individually and on behalf of all others similarly situated, Plaintiff, v. QUOVADX, INC., LORINE R. SWEENEY and GARY T. SCHERPING, Defendants.

FINAL JUDGMENT

Upon review of the Second Amended Stipulation of Settlement, filed November 20, 2006 (Doc. 116), (" Stipulation" the Court Order Preliminarily Approving Settlement and Providing for ) Notice, dated November 20, 2006 (Doc. 118), the Lead Plaintiff' Notice of Motion and Motion s for Final Approval of Class Action Settlement and Plan of Allocation of Settlement Proceeds, filed February 14, 2007 (Doc. 127), the Declaration of Mailing and Publication, filed February 14, 2007 (Doc. 130), the Declaration of Jeffrey W. Lawrence in Support of Lead Plaintiff' Motion s for Final Approval of Class Action Settlement and Plan of Allocation (Doc. 129), the Lead Plaintiff' Memorandum of Law in Support of Motion for Final Approval of Class Action s Settlement and Plan of Allocation of Settlement Proceeds (Doc. 128), and the statements of counsel at the hearing on February 23, 2007, the Court finds and concludes as follows:

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Case 1:04-cv-00665-RPM

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1. The Stipulation is incorporated by this reference and the terms used herein shall have the same meanings as defined in the Stipulation. 2. There have been no valid and timely requests for exclusion from the Class. 3. There have been no valid and timely objections to the Stipulation. 4. Pursuant to Rule 23 of the Federal Rules of Civil Procedure and the provisions of the Private Securities Litigation Reform Act, the terms and conditions of the Stipulation constitute a fair, reasonable, and adequate settlement of the claims in this Action and the settlement is in the best interests of the Lead Plaintiff, the Class and each of the Class Members. This Court further finds the settlement set forth in the Stipulation is the result of arm' s-length negotiations between experienced counsel representing the interests of the Lead Plaintiff, the Class Members and the Defendants. It is therefore ORDERED, ADJUDGED AND DECREED as follows: 1. This Court has jurisdiction over the subject matter of the Action and over all parties to the Action, including all Members of the Class. 2. The settlement embodied in the Stipulation is hereby approved in all respects and shall be consummated in accordance with its terms and provisions. The Settling Parties are hereby directed to perform the terms of the Stipulation. 3. The Action and all claims contained therein, including all of the Released Claims, are dismissed with prejudice as to the Lead Plaintiffs and the other Members of the Class, and as against each and all of the Released Persons. The parties are to bear their own costs, except as otherwise provided in the Stipulation. -2-

Case 1:04-cv-00665-RPM

Document 143

Filed 02/26/2007

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4. Upon the Effective Date, the Lead Plaintiff and each of the Class Members shall be deemed to have, and by operation of this Judgment shall have, fully, finally, and forever released, relinquished and discharged all Released Claims against the Released Persons, whether or not such Class Member executes and delivers a Proof of Claim and Release form. 5. All Class Members are hereby forever barred and enjoined from prosecuting the Released Claims against the Released Persons. 6. Upon the Effective Date hereof, the Released Persons 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 Class Members and Lead Counsel from all claims (including Unknown Claims), arising out of, relating to, or in connection with the institution, prosecution, assertion, settlement or resolution of the Action or the Released Claims. 7. The distribution of the Notice of Pendency and Proposed Settlement of the Class Action and the publication of the Summary Notice as provided for in the Order Preliminarily Approving Settlement and Providing for Notice constituted the best notice practicable under the circumstances, including 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 Rule of Civil Procedure 23, the requirements of due process and any other applicable law.

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Case 1:04-cv-00665-RPM

Document 143

Filed 02/26/2007

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8. Any plan of allocation submitted by Lead Counsel or any order entered regarding the attorneys' and expense application shall in no way disturb or affect this Final Judgment and fee shall be considered separate from this Final Judgment. 9. 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 the Settlement Fund; (c) hearing and determination applications for attorneys' fees and expenses in the Action; and (d) all parties hereto for the purpose of construing, enforcing and administering the Stipulation. 10. This court finds that during the course of the Action, the Settling Parties and their respective counsel at all times complied with the requirements of the Federal Rules of Civil Procedure 11. 11. In the event that the settlement does not become effective in accordance with the terms of the Stipulation or the Effective Date does not occur, or in the event that the Settlement Fund, or any portion thereof, is returned to the Defendants, 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 orders entered and releases delivered in connection herewith shall be null and void to the extent provided by and in accordance with the Stipulation. Dated: February 26, 2007 BY THE COURT:

s/Richard P. Matsch Richard P. Matsch, Senior District Judge

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