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

Case 1:04-cv-01006-RPM

Document 267

Filed 06/08/2007

Page 1 of 2

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 FOR PAYMENT OF ATTORNEYS' FEES AND EXPENSES _____________________________________________________________________ Pursuant to the hearing held on June 8, 2007, on Lead Counsel's Motion for Award of Attorneys' Fees and Reimbursement of Expenses and the supporting papers and the Declaration of Frederic Fox in Support of an Award of Attorneys' Fees and Reimbursement of Expenses for the firm of Kaplan Fox & Kilsheimer LLP, counsel for the plaintiff Gail Henderson prior to the appointment of the Lead Plaintiffs in this litigation, the Court finds and concludes as follows: 1. The results obtained for the Class Members from the Settlement Agreement in this litigation are such that those who have filed claims will be paid more than the full amount of their calculated losses according to the Plan of Allocation. 2. A contingency fee of 25% of the Settlement Fund is an appropriate and

Case 1:04-cv-01006-RPM

Document 267

Filed 06/08/2007

Page 2 of 2

reasonable measure of the value of the services performed by Lead Counsel and the expenses for which reimbursement is sought are reasonable and appropriate. 3. An award of 25% of the interest earned on the Settlement Fund is an appropriate addition to the fee award. 4. The services performed by the Kaplan Fox firm prior to the appointment of the Lead Plaintiffs were to the benefit of the class and the request for $203,165 is the reasonable value of those services and the expenses incurred in the amount of $6,279.95 are appropriate for reimbursement. Accordingly, it is ORDERED that Lowenstein Sandler PC and Marc B. Kramer, Esq. (collectively, "Lead Counsel") are awarded $1,982,261.00 in fees and reimbursement of $176,813.34 in expenses and the firm of Kaplan Fox & Kilsheimer LLP is awarded $203,165.00 in fees and reimbursement of $6,279.95 in expenses. Payment of these amounts shall be made from the Settlement Fund immediately subject to the terms, conditions and obligations of the Stipulation of Settlement, and in particular ¶6.2 thereof, which terms, conditions and obligations are incorporated herein. DATED: June 8, 2007 BY THE COURT: s/Richard P. Matsch _________________________________ Richard P. Matsch, Senior District Judge

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