Free Motion for Extension of Time - District Court of Colorado - Colorado

Case 1:04-cv-01006-RPM

Document 214

Filed 11/21/2006

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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, QUOVADX, INC., Defendant.

DEFENDANT QUOVADX, INC.'S UNOPPOSED MOTION FOR EXTENSION OF EXPERT DEPOSITION DEADLINE

Pursuant to Federal Rule of Civil Procedure 26(a)(2) and D.COLO.LCivR 6.1.B and 16.2, Defendant Quovadx, Inc. ("Quovadx") moves the Court for an order granting the parties a 23-day extension of time to complete depositions of expert witnesses. A proposed Order

Granting Quovadx, Inc.'s Unopposed Motion for Extension of Expert Deposition Deadline is attached hereto as Exhibit 1. This joint 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, the parties' respective counsel have conferred with each other, by telephone and e-mail, regarding this motion. Class Counsel have informed Quovadx's counsel that Lead Plaintiffs do not oppose this motion.

Case 1:04-cv-01006-RPM

Document 214

Filed 11/21/2006

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1.

As provided in the Court's Order Granting Joint Motion for Extensions of Expert

Discovery Deadlines, which was entered by the Court on September 19, 2006 [Doc. #191], the parties have until November 28, 2006, to take depositions of expert witnesses. 2. Due to the holidays and scheduling conflicts, including an arbitration in London

that Quovadx's expert must attend and arbitrations in Michigan and Colorado that Quovadx's counsel must attend, the first dates on which Quovadx's attorneys and expert could schedule expert depositions are during the week of December 18, 2006. The parties have scheduled the depositions of their respective experts for December 20 and 21, 2006, at the offices of Plaintiffs' counsel in New York, New York. Thus, the parties require a 23-day extension of time--from November 28 to and including December 21, 2006--in which to complete their depositions of expert witnesses. 3. This is the second extension of the expert deposition deadline, 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 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 Granting Quovadx, Inc.'s Unopposed Motion for Extension of Expert Deposition Deadline, attached hereto as Exhibit 1.

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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 Attorneys for Defendant Quovadx, Inc.

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Case 1:04-cv-01006-RPM

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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 Quovadx, Inc. 7600 E. Orchard Rd., Suite 300S Greenwood Village, CO 80111 s/ Michael T. Williams Michael T. Williams Attorney for Defendant Quovadx, Inc.

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