Free Motion for Attorney Fees - District Court of Colorado - Colorado

Case 1:04-cv-00665-RPM

Document 132-2

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. [PROPOSED] ORDER AWARDING PLAINTIFFS' COUNSEL'S ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES

Case 1:04-cv-00665-RPM

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This matter having come before the Court on February 23, 2007, on the motion of Lead Counsel for an award of attorneys' fees and reimbursement of expenses incurred in the Action, the Court, having considered all papers filed and proceedings conducted herein, having found the settlement of this Action to be fair, reasonable, and adequate and otherwise being fully informed in the premises and good cause appearing therefor; IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. All of the capitalized terms used herein shall have the same meanings as set forth in

the Second Amended Stipulation of Settlement dated as of November 20, 2006 (the "Stipulation"), filed with the Court. 2. This Court has jurisdiction over the subject matter of this application and all matters

relating thereto, including all Members of the Class who have not timely and validly requested exclusion. 3. The Court hereby awards Lead Counsel attorneys' fees of __% of the Settlement

Fund plus reimbursement of litigation expenses in the amount of $__________, together with the interest earned thereon for the same time period and at the same rate as that earned on the Settlement Fund until paid. The Court finds that the amount of fees awarded is appropriate and that the amount of fees awarded is fair and reasonable under the "percentage-of-recovery" method given the risks of non-recovery, the time and effort involved, and the result obtained for the Class. 4. The fees may be shared with other plaintiffs' counsel based on each such plaintiffs'

counsel's contribution to the institution, prosecution and resolution of the Action. 5. The awarded attorneys' fees and expenses and interest earned thereon shall

immediately be paid to Lead Counsel subject to the terms, conditions and obligations of the -1-

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Stipulation, and in particular ¶6.2 thereof, which terms, conditions and obligations are incorporated herein. 6. Pursuant to 15 U.S.C. §78u-4(a)(4), David Heller is awarded $8,820.00 as

reimbursement for his time and expenses. IT IS SO ORDERED. DATED: _________________________ 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
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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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