Free Declaration - District Court of Colorado - Colorado

Case 1:04-cv-00665-RPM

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Filed 02/16/2007

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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. 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

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I, JOY ANN BULL, DECLARE AS FOLLOWS: 1. I am a member of the firm of Lerach Coughlin Stoia Geller Rudman & Robbins LLP.

I am submitting this declaration in support of my firm's application for an award of attorneys' fees in connection with services rendered in the above-entitled action and the reimbursement of expenses incurred by my firm in the course of this litigation. 2. 3. Exhibit A. 4. The total number of hours spent on this litigation by my firm is 2,518.00. The total This firm is Lead Counsel of record for the Lead Plaintiff. The identification and background of my firm and its partners is attached hereto as

lodestar amount for attorney/paralegal time based on the firm's current rates is $1,055,510.00. The hourly rates shown below are the usual and customary rates charged for each individual in all of our cases. A breakdown of the lodestar is as follows: NAME Bull, Joy A. (P) Herman, Dennis (P) Lawrence, Jeffrey W. (P) Sams II, Ex Kano S. (P) Keller, Sylvia W. (A) Paralegal I Paralegal II Paralegal III Document Clerk TOTAL: (P) Partner (A) Associate 5. HOURS 272.50 24.50 277.00 782.25 109.50 131.00 723.50 177.75 20.00 2,518.00 RATE 600 550 600 510 500 245-270 225-250 215-240 180-200 LODESTAR 163,500.00 13,475.00 166,200.00 398,947.50 54,750.00 33,782.50 180,406.25 40,578.75 3,870.00 $1,055,510.00

My firm incurred a total of $361,279.25 in unreimbursed expenses in connection with

the prosecution of this litigation. They are broken down as follows: -1-

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EXPENSES From Inception to January 30, 2007 DISBURSEMENT Meals, Hotels & Transportation Photocopies Postage Telephone, Facsimile Messenger, Overnight Delivery Filing, Witness & Other Fees Court Reporters Lexis, Westlaw, Online Library Research Class Action Notices/Business Wire Mediation Fees (Alternative Dispute Resolution) Experts/Consultants/Investigators Outside: L.R. Hodges & Associates Lily Haggerty Sherry Parshley In-House: Forensic Accountant Economic/Damage Analyst Investigators TOTAL 6. TOTAL $ 12,446.66 38,834.10 1,256.79 2,410.13 4,774.93 8,014.00 75.00 3,589.47 5,530.00 6,290.33 278,057.84 $ 34,515.34 5,110.00 11,970.00 187,680.00 14,912.50 23,870.00 $ 361,279.25

The following is additional information regarding expenses for which we are asking

for reimbursement: (a) the firm incurred expenses of $75.00 for amounts paid to court reporters for

transcripts of court hearings and depositions. DATE 11/10/05 (b) VENDOR Ace-Merit, LLC

Filing, Witness and Other Fees: $8,014.00 DATE Vendor 1st Nationwide Legal Services, LLC 1st Nationwide Legal Services, LLC -2-

03/31/04 04/13/04

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DATE 04/14/04 04/20/04 04/23/04 05/13/04 05/14/04 05/28/04 07/22/04 07/31/04 09/24/04 11/09/04 01/25/05 05/06/05 06/10/05 09/30/05 10/31/05 11/22/05 11/30/05 12/27/05 04/12/06 (c)

Vendor 1st Nationwide Legal Services, LLC 1st Nationwide Legal Services, LLC 1st Nationwide Legal Services, LLC Notary Fee for pro hac vice application 1st Nationwide Legal Services, LLC 1st Nationwide Legal Services, LLC Clerk, U.S. District Court Caroline Wiley, Notary 1st Nationwide Legal Services, LLC Wheels of Justice, Inc. Wheels of Justice, Inc. Wheels of Justice, Inc. Wheels of Justice, Inc. Accurint Wheels of Justice, Inc. Accurint Wheels of Justice, Inc. Wheels of Justice, Inc. Clerk, U.S. District Court

Meals, Hotels and Transportation: $12,446.66. Expenses for meals, hotels

and transportation were incurred for the following purposes: NAME Lawrence, Jeffrey DATE 06/22/04 DESTINATION Denver, CO PURPOSE Hearing on defendants' motion for status conference; meeting with client re: hearing Prepare for conference and attend scheduling order hearing Prepare for scheduling conference; attend conference

Sams, Ex Kano Sams, Ex Kano

11/17/04 ­ 11/18/04 01/12/05 ­ 1/13/05

Denver, CO Denver, CO

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Rudolph, Andrew Mitrovich, Risto Sams, Ex Kano Lawrence, Jeffrey Rudolph, Andrew Lawrence, Jeffrey (d)

03/14/05 ­ 03/15/05 12/12/05 ­ 12/14/05 12/12/05 ­ 12/14/05 12/13/05 ­ 12/14/05 01/08/06 ­ 01/09/06 02/24/06 ­ 02/25/06

San Francisco, CA Santa Ana, CA Santa Ana, CA Santa Ana, CA San Francisco, CA Denver, CO

Review documents and workpapers Attend mediation Mediation preparation; attend mediation Attend mediation Review documents and assist with accounting issues Prepare for and attend status hearing

Photocopying: In-house (82,563 copies @ $0.25 per copy): $20,640.75 Outside Photocopy Expenses: $18,193.35 DATE VENDOR Ikon Document Services Merrill Communications LLC Ikon Document Services Whitmont Legal Technologies, Inc. Whitmont Legal Technologies, Inc. Whitmont Legal Technologies, Inc. Ikon Document Services Encore Lex Solutio Corp.

12/14/04 12/15/04 03/16/05 08/05/05 08/09/05 10/27/05 12/07/05 12/23/05

(e)

Lexis, Westlaw, Online Library Research: $3,589.47. These included vendors

such as Disclosure, Inc., Dow Jones Interactive, Dow Jones & Co., Inc., Lexis Nexis, CDA Investment Technologies, Pacer Service Center, West Publishing Corporation, and Choice Point. These databases were used to obtain access to Quovadx SEC filings and to do media searches regarding Quovadx. The charges for these vendors vary depending upon the type of services requested.

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7.

The expenses incurred pertaining to this case are reflected in the books and records of

this firm. These books and records are prepared from expense vouchers and check records and are an accurate record of the expenses incurred. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 15th day of February, 2007, at San Diego, California. s/ Joy Ann Bull JOY ANN BULL
S:\Settlement\Quovadx.set\DEC LCSGRR EXPENSES 00039035.doc

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CERTIFICATE OF SERVICE I hereby certify that on February 16, 2007, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I have mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List.

s/ 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) E-mail:[email protected]

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