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

Case 1:04-cv-01006-RPM

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 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.

DEFENDANT QUOVADX, INC.'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSE TO LEAD PLAINTIFFS' MOTION TO COMPEL

Pursuant to Federal Rules of Civil Procedure 23(d) and D.COLO.LCivR 6.1.B and 16.2, Defendant Quovadx, Inc. ("Quovadx") moves the Court for an order granting Quovadx a 14-day extension of time--from November 22 to and including December 6, 2006--in which to file its response to Lead Plaintiffs' Motion to Compel ("Lead Plaintiffs' motion"). A proposed Order Granting Quovadx, Inc.'s Unopposed Motion for an Extension of Time to File Response to Motion to Compel is attached hereto as Exhibit 1. This motion is based on the grounds stated below. CERTIFICATION PURSUANT TO D.C.COLO.LCivR 7.1.A Pursuant to D.C.COLO.LCivR 7.1.A, Quovadx's undersigned counsel has conferred with Class Counsel, by telephone and e-mail, regarding this motion. Class Counsel have informed

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Quovadx's counsel that Lead Plaintiffs do not oppose this motion. Class Counsel also have informed Quovadx's counsel that Lead Plaintiffs may file an additional discovery motion seeking leave to take the depositions of former defendants Lorine Sweeney and Gary Scherping. In that event, Class Counsel noted that it would conserve the parties' and the Court's resources to set a single briefing schedule on both of Lead Plaintiffs' discovery motions. If Lead Plaintiffs were to file a motion for leave to depose Ms. Sweeney and Mr. Scherping, and if the parties were to agree that a consolidated briefing schedule on both of Lead Plaintiffs' motions would conserve the Court's and the parties' resources, the parties will make a joint request to the Court to set a consolidated briefing schedule on both motions after the Thanksgiving holiday. 1. On November 2, 2006, Lead Plaintiffs' filed their motion. Accordingly, pursuant

to D.C.COLO.LCivR 7.1.C, Quovadx's response is currently due on November 22, 2006. 2. Since receiving Lead Plaintiffs' motion, Quovadx's counsel have been out of

town for depositions and hearings and have been preparing for arbitrations in Michigan and Colorado, respectively. Additionally, Quovadx will support its response to Lead Plaintiffs' motion with affidavits from current and former outside counsel to the Company, some of whom are currently unavailable due to travel commitments in other matters and for the holiday. In light of these scheduling conflicts, Quovadx requires an extension of time to properly prepare its response to Lead Plaintiffs' motion and to obtain affidavits in support of Quovadx's response. 3. This is the first extension of the briefing deadline that Quovadx has requested, and

good cause exists for the requested extension of time. 4. No party to this action will be adversely affected by the relief requested, nor will

the relief requested interfere with any pretrial or trial deadline set by this Court. Indeed, Lead

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Plaintiffs' motion seeks to reopen fact discovery several months after the deadline for fact discovery has expired, so Quovadx's proposed briefing schedule will not interfere with any discovery or other deadline set by this Court under the Amended Scheduling Order. 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, the Court should grant the Quovadx's unopposed motion and enter its proposed Order Granting Quovadx, Inc.'s Unopposed Motion for an Extension of Time to File Response to Motion to Compel, attached hereto as Exhibit 1. Dated: November 21, 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 [email protected] Attorneys for Defendant Quovadx, Inc.

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on November 21, 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] Solomon Benjamin Cera [email protected] [email protected] Hugh Gottschalk [email protected] [email protected];[email protected] Marcela A. Kirberger [email protected] Marc Bradley Kramer [email protected] [email protected] Evan S. Lipstein [email protected] [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] Craig Richard Welling [email protected] [email protected] Michael T. Williams [email protected] [email protected]

I hereby certify that a true and correct copy of the foregoing was served by placing a copy in the U.S. Mail, first-class postage prepaid, on November 21, 2006, addressed to: Linda K. Wackwitz Executive Vice President, Chief Legal Officer, and Secretary Quovadx, Inc. 7600 E. Orchard Rd., Suite 300S Greenwood Village, CO 80111 s/ Michael T. Williams Michael T. Williams Attorney for Defendant Quovadx, Inc. 4

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