Free Order - District Court of Colorado - Colorado

Case 1:04-cv-00665-RPM

Document 142

Filed 02/26/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00665-RPM DAVID HELLER, On Behalf of Himself and All Others Similarly Situated, Plaintiff, v. QUOVADX, INC., LORINE R. SWEENEY and GARY T. SCHERPING, Defendants. ORDER APPROVING PLAN OF ALLOCATION OF SETTLEMENT PROCEEDS

Case 1:04-cv-00665-RPM

Document 142

Filed 02/26/2007

Page 2 of 3

This matter having come before the Court on February 23, 2007, on Lead Plaintiff' s motion for approval of the Plan of Allocation of the settlement proceeds in the above-captioned action; the Court having considered all papers filed and proceedings had herein and otherwise being fully informed in the premises; IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. For purposes of this Order, the terms used herein shall have the meanings as set

forth in the Second Amended Stipulation of Settlement dated as of November 20, 2006 (the " Stipulation" filed with the Court. ), 2. Pursuant to and in full compliance with Rule 23 of the Federal Rules of Civil

Procedure, this Court hereby finds and concludes that due and adequate notice was directed to all Persons who are Class Members who could be identified with reasonable effort, advising them of the Plan of Allocation and of their right to object thereto, and a full and fair opportunity was accorded to all persons and entities who are Class Members to be heard with respect to the Plan of Allocation. 3. The Court finds and concludes that the formula for the calculation of the claims

of Authorized Claimants which is set forth in the Notice of Pendency and Proposed Settlement of Class Action (the " Notice" sent to Class Members, provides a fair and reasonable basis upon ) which to allocate the proceeds of the Net Settlement Fund established by the Stipulation among Class

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Case 1:04-cv-00665-RPM

Document 142

Filed 02/26/2007

Page 3 of 3

Members, with due consideration having been given to administrative convenience and necessity. This Court finds and concludes that the Plan of Allocation, as set forth in the Notice, is, in all respects, fair and reasonable and the Court approves the Plan of Allocation. IT IS SO ORDERED. DATED: February 26, 2007
S/RICHARD P. MATSCH THE HONORABLE RICHARD P. MATSCH UNITED STATES DISTRICT JUDGE

Submitted by:

s/ Joy Ann Bull JOY ANN BULL JOY ANN BULL LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-3301 Telephone: 619/231-1058 619/231-7423 (fax) Email: [email protected] JEFFREY W. LAWRENCE DENNIS J. HERMAN EX KANO S. SAMS II LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: 415/288-4545 415/288-4534 (fax) Email: [email protected] Email: [email protected] Email: [email protected] Lead Counsel for Plaintiffs
S:\RPMSec\MO\po4665.allo

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