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

Case 1:04-cv-00665-RPM

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Filed 10/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-0665 RPM DAVID HELLER, Individually and on behalf of all others similarly situated, Plaintiff, v. QUOVADX, INC., LORINE R. SWEENEY, and GARY T. SCHERPING, Defendants.

DEFENDANT QUOVADX, INC.'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO THE COURT'S SEPTEMBER 6, 2006, ORDER FOR CLARIFICATION OF MOTION FOR PRELIMINARY APPROVAL OF SETTLEMENT Pursuant to Federal Rules of Civil Procedure 23(d) and D.COLO.LCivR 6.1.B, and 16.2, Defendant Quovadx, Inc. ("Quovadx"), with Lead Plaintiff's consent, hereby moves the Court for an order granting Quovadx a one-day extension of time--from October 6 to October 10, 2006--in which to file its response to the Court's September 6, 2006, Order for Clarification of Motion for Preliminary Approval of Settlement ("Clarification Order"). A proposed Order Granting Quovadx, Inc.'s Unopposed Motion for Extension of Time to Respond to Clarification Order is attached hereto as Exhibit 1. This unopposed motion is based on the grounds stated below.

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CERTIFICATION PURSUANT TO D.C.COLO.LCIVR 7.1.A Pursuant to D.C.COLO.LCivR 7.1.A, Quovadx's counsel has conferred with Lead Counsel for Plaintiff, by e-mail, regarding this motion, and Lead Counsel has advised that Plaintiff does not oppose this motion. 1. As provided in the Clarification Order that was entered by the Court on

September 6, 2006, the parties have until October 6, 2006, to file their written responses to the Clarification Order. 2. Initially, Quovadx intended to jointly file with Plaintiff a response to the Court's

Clarification Order. More recently, it became clear to Quovadx that Lead Counsel for Plaintiff intended to file a separate response on behalf of Plaintiff alone and that it would not be feasible to file a joint response. Accordingly, Quovadx's counsel drafted a separate response to be filed on behalf of Quovadx alone and was prepared to file Quovadx's response on October 6. After business hours on October 5, however, Quovadx received a service copy of Plaintiff's response to the Clarification Order and determined that it would be necessary for Quovadx to expand its own response to address and clarify certain issues raised in Plaintiff's response. Further, on October 6, Quovadx received a service copy of the Special Situation Funds' response to the Clarification Order that, in turns, raises several additional issues that require a response from Quovadx. Rather than file two responses--i.e., Quovadx's more limited response as currently drafted and a second response that would address and clarify issues raised in Plaintiff's response and the Special Situations Funds' response--Quovadx wishes to file a single response that addresses all issues raised by the Clarification Order and the plaintiffs in the two related actions. 3. This is the first extension of the Court's deadline for responding to the

Clarification Order, and good cause exists for the requested extension of time.

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4.

No party to this action will be adversely affected by the relief requested, nor will

the relief requested interfere with other pretrial or trial deadlines set by this Court. 5. In compliance with D.COLO.LCivR 6.1.D, undersigned counsel certifies that a

copy of this motion has been served on his client and all counsel of record. For the foregoing reasons, Quovadx respectfully requests that the Court grant Quovadx's unopposed motion and enter the proposed order attached hereto as Exhibit 1. Dated: October 6, 2006 Respectfully submitted,

s/ Michael T. Williams Hugh Q. Gottschalk John M. Vaught Michael T. Williams Wheeler Trigg Kennedy LLP 1801 California Street, Suite 3600 Denver, Colorado 80202 Telephone: (303) 244-1800 Facsimile: (303) 244-1879 E-mail: [email protected] Attorneys for Defendant Quovadx, Inc.

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on October 6, 2006, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses:
· · · · · · · · · · · · · · · · · ·

Frederick J. Baumann [email protected],[email protected] Joy Ann Bull [email protected] Dennis Jeremy Herman [email protected] John Alonzo Hutchings [email protected],[email protected] Jeffrey W. Lawrence [email protected],[email protected],[email protected] Nina F. Locker [email protected],[email protected] Ex Kano S. Sams [email protected],[email protected] Kip Brian Shuman [email protected],[email protected] Adam Philip Stapen [email protected],[email protected] John Peter Stigi , III [email protected] Craig Richard Welling [email protected],[email protected] Hugh Gottschalk [email protected],[email protected],[email protected] Marcela A. Kirberger [email protected] Lawrence M. Rolnick [email protected] Gavin J. Rooney [email protected],[email protected] John Peter Stigi, III [email protected] John Mark Vaught [email protected],[email protected] Michael T. Williams [email protected],[email protected]

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I hereby certify that a true and correct copy of the foregoing was served via e-mail, on October 6, 2006, addressed to: Linda K. Wackwitz [email protected] s/ Michael T. Williams by Tanya Huffaker Michael T. Williams Attorney for Defendant Quovadx, Inc.