Free Order - District Court of Colorado - Colorado

Case 1:04-cv-01006-RPM

Document 278

Filed 11/08/2007

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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-01006-RPM SPECIAL SITUATIONS FUND III, L.P., SPECIAL SITUATIONS CAYMAN FUND, L.P., SPECIAL SITUATIONS TECHNOLOGY FUND NEW, L.P., and SPECIAL SITUATIONS TECHNOLOGY FUND II, L.P., on behalf of themselves and others similarly situated, Plaintiffs, v. QUOVADX, INC., Defendant.

ORDER REGARDING DISPUTED CLAIMS

This matter having come before the Court by its Order dated July 27, 2007, and the Court having reviewed and considered the Status Reports submitted by Lead Counsel, as well as the declarations of Anya Verkhovskaya, the Court; and for good cause shown: IT IS hereby ORDERED that: 1. Claim Nos. 1005886, 1005384, 1005295, 1005288, 1005052, 1005309, 1005296,

1005935-2, 1005935-4 and1005954 are permitted to participate in the distribution of the settlement proceeds. 2. Claim Nos. 1005271, 1005934, 1005935-0, 1005935-1, and 1005935-3 are denied

participation in the distribution of settlement proceeds.

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3.

Thuy Bui (Claim No. 1005946) shall provide any of the following information to

the Claims Administrator within 14 days of this Order: copies of brokers' confirmations, monthly brokerage statements, schedules attached to tax filings, or letters signed by Claimant's broker on brokerage letterhead that shows her acquisition the 187 shares of Quovadx, Inc. common occurred through the Rogue Wave exchange offer. 4. R. Jane Dehart (Claim No. 1005382) shall provide any of the following

information to the Claims Administrator within 14 days of the Order: copies of brokers' confirmations, monthly brokerage statements, schedules attached to tax filings, or letters signed by Claimant's broker on brokerage letterhead for the month of December 2003 showing the exchange of Rogue Wave shares along with the proof of current holdings, if any, or the sale of these shares. 5. If either Thuy Bui (Claim No. 1005946) or R. Jane Dehart (Claim No. 1005382)

fail to provide the information requested herein to the Claims Administrator within 14 days, their respective claims shall be rejected and their objections denied without further proceedings. 6. If either Thuy Bui (Claim No. 1005946) or R. Jane Dehart (Claim No. 1005382)

provide the information requested herein to the Claims Administrator within 14 days, and the Claims Administrator finds that they have no Recognized Loss, then their respective claims shall be rejected and their objections denied without further proceedings; and 7. If either Thuy Bui (Claim No. 1005946) or R. Jane Dehart (Claim No. 1005382)

provide the information requested herein to the Claims Administrator within 14 days, and the Claims Administrator finds that they each have a Recognized Loss, then they shall be permitted to participate in the distribution of the settlement proceeds. -2-

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8.

The Claims Administrator shall mail a copy of this Order on all Claimants

referenced herein within 3 days of entry. IT IS SO ORDERED. Dated: November 8, 2007 BY THE COURT: s/Richard P. Matsch Richard P. Matsch, Senior District Judge

Submitted by: LOWENSTEIN SANDLER P.C. Lawrence M. Rolnick, Esq. (LR-0546) 65 Livingston Avenue Roseland, NJ 07068-1791 Tel. 973.597.2450 Fax. 973.597.2451 Lead Plaintiffs' Counsel

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