Free Order on Motion for Extension of Time to File Response/Reply - District Court of Colorado - Colorado

Case 1:04-cv-00665-RPM

Document 107

Filed 10/11/2006

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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.

ORDER DENYING QUOVADX, INC.' MOTION FOR EXTENSION OF TIME S

On August 22, 2006, the Lead Plaintiff David Heller moved for preliminary approval of a proposed stipulation of settlement of this civil action. On September 6, 2006, the court issued an order for clarification, raising questions about the proposed settlement agreement and class notice and directing counsel to respond to those questions in writing by October 6, 2006. The order for clarification also invited comments from Lead Plaintiffs in Civil Action No. 04-cv-1006. Quovadx did not timely respond to the court' order and now seeks an extension of time to allow it to s respond to statements made by the Lead Plaintiffs in their responses. That is not an adequate reason for Quovadx' own failure to respond to the court' questions within the court-ordered s s

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Case 1:04-cv-00665-RPM

Document 107

Filed 10/11/2006

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deadline. The proposed Stipulation of Settlement is not acceptable and no response from Quovadx is required now. Accordingly, it is ORDERED that defendant Quovadx, Inc.' motion for extension of time to respond to s clarification order is denied. Dated: October 11, 2006 BY THE COURT:

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

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