Free Notice (Other) - District Court of Colorado - Colorado

Case 1:04-cv-01006-RPM

Document 212

Filed 11/16/2006

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

SECOND NOTICE OF CORRECTION OF STATEMENTS MADE AT ORAL ARGUMENT ON OCTOBER 23, 2006, IN OPPOSITION TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT

Defendant Quovadx, Inc. ("Quovadx" or "the Company"), by its counsel of record John M. Vaught, submits the following Second Notice of Correction concerning statements made during oral argument in opposition to Plaintiffs' motion for partial summary judgment. At oral argument held on October 23, 2006, Mr. Vaught, as counsel to Quovadx, made statements to the Court concerning the ongoing investigation by the staff of the Division of Enforcement of the Securities and Exchange Commission. Those statements include the following: 1. The statement on page 28, lines 12-13, of the transcript of the hearing

[Doc. #203] ("Transcript") that, "[U]nderstand that the SEC has engaged an extensive investigation and never took issue with that disclosure." (See Exhibit A attached hereto.)

Case 1:04-cv-01006-RPM

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Filed 11/16/2006

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2. Transcript. (See id.) 3.

The statements on page 32, line 12, through page 33, line 2, of the

The statements on page 40, lines 2-13, of the Transcript. (See id.)

The First Notice of Correction of Statements Made at Oral Argument ("First Notice") filed on November 6, 2006, stated that counsel for the Company should not have attempted to characterize the ongoing investigation of the staff of the Division of Enforcement, either in the statements referenced above or in any other statement at the hearing that may have done so. Further, the First Notice also stated that the statements referenced in Item Nos. 2 and 3 above were factually inaccurate. In addition, the statement referenced in Item No. 1 was factually inaccurate. We apologize for any inconvenience to the Court. Dated: November 16, 2006 Respectfully submitted,

/s/ John M. Vaught John M. Vaught Wheeler Trigg Kennedy LLP 1801 California Street, Suite 3600 Denver, CO 80202 Telephone: (303) 244-1800 Facsimile: (303) 244-1879 Attorney for Defendant Quovadx, Inc.

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Case 1:04-cv-01006-RPM

Document 212

Filed 11/16/2006

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CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on November 16, 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] s/John M. Vaught by Marleen Como John M. Vaught Attorney for Defendant Quovadx, Inc. Wheeler Trigg Kennedy LLP 1801 California Street, Suite 3600 Denver, Colorado 80202 Telephone: (303) 244-1800 Facsimile: (303) 244-1879

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