Free Settlement Agreement - District Court of Colorado - Colorado

Case 1:04-cv-00665-RPM

Document 116-5

Filed 11/20/2006

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EXHIBIT A-3

Case 1:04-cv-00665-RPM

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Filed 11/20/2006

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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. SUMMARY NOTICE EXHIBIT A-3

Case 1:04-cv-00665-RPM

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TO:

ALL PERSONS WHO PURCHASED QUOVADX, INC. ("QUOVADX") PUBLICLY TRADED SECURITIES ON THE OPEN MARKET DURING THE PERIOD FROM OCTOBER 22, 2003 TO MARCH 15, 2004, INCLUSIVE YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States District Court

for the District of Colorado, that a hearing will be held on February 23, 2007, at ____ _.m., before the Honorable Richard P. Matsch at the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, for the purpose of determining (1) whether the proposed settlement of the claims in the Action for the sum of $9,000,000 in cash should be approved by the Court as fair, reasonable and adequate; (2) whether, thereafter, this Action should be dismissed with prejudice as set forth in the Second Amended Stipulation of Settlement dated as of November 20, 2006; and (3) whether the Plan of Allocation is fair, reasonable and adequate and therefore should be approved. If the Court approves the Settlement, the Court will set a separate hearing to consider whether the application of Lead Counsel for the payment of attorneys' fees and reimbursement of expenses incurred in connection with this Action should be approved. If you purchased Quovadx publicly traded securities on the open market between October 22, 2003 and March 15, 2004, inclusive, your rights may be affected by the settlement of this Action. If you have not received a detailed Notice of Pendency and Proposed Settlement of Class Action and a copy of the Proof of Claim and Release, you may obtain copies by writing to Quovadx Securities Litigation, c/o RG/2 Claims Administration LLC, P.O. Box 59479, Philadelphia, PA 19102. If you are a Class Member, in order to share in the distribution of the net settlement fund, you must submit a Proof of Claim and Release postmarked no later than March 15, 2007, establishing that you are entitled to recovery.

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If you desire to be excluded from the Class, you must submit a Request for Exclusion postmarked by January 29, 2007, in the manner and form explained in the detailed Notice referred to above. All Members of the Class who have not requested exclusion from the Class will be bound by any judgment entered in the Action pursuant to the Second Amended Stipulation of Settlement. Any objection to the settlement must be mailed or delivered such that it is received by each of the following no later than January 29, 2007: CLERK OF THE COURT UNITED STATES DISTRICT COURT DISTRICT OF COLORADO Alfred A. Arraj United States Courthouse 901 19th Street, Room A-105 Denver, CO 80294-3589 Counsel for Lead Plaintiff: LERACH COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP JOY ANN BULL 655 West Broadway, Suite 1900 San Diego, CA 92101 Counsel for Quovadx, Inc. WHEELER TRIGG KENNEDY LLP MICHAEL T. WILLIAMS 1801 California Street, Suite 3600 Denver, CO 80202 Counsel for Lorine R. Sweeney and Gary T. Scherping ROTHGERBER JOHNSON & LYONS LLP FREDERICK J. BAUMANN 1200 17th Street, Suite 3000 Denver, CO 80202

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PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING THIS NOTICE. If you have any questions about the settlement, you may contact Lead Counsel at the address listed above.

DATED: ____________________
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BY ORDER OF THE COURT UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

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