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

Case 1:04-cv-01006-RPM

Document 190

Filed 09/18/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 04-cv-01006-RPM

SPECIAL SITUATIONS FUN III, L.P.; SPECIAL SITUATIONS CAYMAN FUN, L.P.;
SPECIAL SITUATIONS TECHNOLOGY FUN NEW, L.P.; and
SPECIAL SITUATIONS TECHNOLOGY FUN II, L.P., on behalf of

themselves and others

similarly situated,
Plaintiffs,
QUOV ADX, INC.,

Defendant.

JOINT MOTION FOR EXTENSIONS OF EXPERT DISCOVERY DEADLINES

Pursuant to Federal Rule of Civil Procedure 26(a)(2) and D.COLO.LCivR 6.l.B and
16.2, Lead Plaintiffs and Defendant Quovadx, Inc. ("Quovadx") (collectively "the parties")
move the Court for an order granting the parties reciprocal 14-day extensions of time to serve
their expert reports and to complete depositions of expert witnesses. A proposed Order Granting

Joint Motion for Extensions of Expert Discovery Deadlines 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
requested here.

each other, by telephone and e-mail, have stipulated to the relief

1. As provided in the Amended Scheduling Order that was entered by the Court on

May 30, 2006 (Doc. #176), the parties have until September 22, 2006, to serve their initial expert

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disclosures pursuant to Rule 26(a)(2). The Amended Scheduling Order also states that rebuttal

expert disclosures will be due on October 23, 2006 with the deadline for taking expert
depositions set for November 10, 2006.
2. Pursuant to the Order Approving Notice Plan (Doc. #174) issued by the Court on

May 30, 2006, the parties just received, on September 8, 2006, from Rust Consulting, Inc.,

copies of the class members' responses from the Notice Materials mailed to them. Also, on
September 14, 2006, the parties received the final set of class member data prepared by Rust
Consulting.
3. Because the parties were unable to provide the complete set of class member data

to their experts until this past week, the parties' respective experts have informed the parties'
counsel that the experts need more time to analyze the class members' responses and associated

data in order to prepare their initial reports. The parties require 14-day extensions of time in

which to serve their initial expert reports and rebuttal reports, as well as to complete their
depositions of expert witnesses. If this joint motion is granted, the parties' initial reports would
be due on October 6, 2006; rebuttal reports would be due on November 6, 2006; and the parties
would complete their expert depositions by November 28,2006.
4. This is the first extension of

the expert discovery deadlines, and good cause exists

for the requested extensions of time.

5. 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.
6. In compliance with D.COLO.LCivR 6.1 .D, undersigned counsel certify that a

copy of this motion has been served on their clients and all counsel of record.

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For the foregoing reasons, the parties respectfully request that the Court grant the parties'
joint motion and enter their proposed Order Granting Joint Motion for Extensions of

Expert

Discovery Deadlines, attached hereto as Exhibit 1.

Dated: September 18, 2006

Respectfully submitted,

sf Lawrence M. Rolnick Lawrence M. Rolnick Gavin 1. Rooney Lowenstein Sandler PC 65 Livingston Avenue Roseland, New Jersey 07068

sf 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 Lead Plazntifs and the Class

Attorneys for Defendant Quovadx, Inc.

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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on September 18, 2006, I electronically fied the foregoing with the Clerk of Court using the CM/CF system which will send notification of such fiing to the following e-mail addresses:
. Frederick J. Baumann

fbaumann(£rothgerber. com phenke(£rothgerber. com
. Solomon Benjamin Cera

scera(£gbcslaw. com keg(£gbcslaw. com
. Hugh Gottschalk

gottschalk(£wtklaw. com hart(£wtklaw. com gottesfeld(£wtklaw. com
. Marcela A. Kirberger

mkirberger(£lowenstein. com
. Marc Bradley Kramer

MarcBKramer(£cs. com MarcBKramerEsq (£aol. com
. Evan S. Lipstein
evan(£li p steinlaw. com eve

i yn(£li psteinlaw. com

. Lawrence M. Rolnick

lrolnick(£lowenstein. com
. Gavin J. Rooney

grooney(£lowenstein. com mredmon(£lowenstein. com
. John Mark Vaught

vaught(£wtklaw. com como(£wtklaw. com
. Craig Richard Wellng

cwelling(£rothgerber. com kdail y(£rothgerber. com
. Michael T. Wiliams

williams(£wtklaw. com chavez(£wtklaw. com

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 September 18, 2006, addressed to:
Linda K. Wackwitz
Executive Vice President, Chief

Legal

Quovadx, Inc.

7600 E. Orchard Rd., Suite 300S Greenwood Village, CO 801 1 1

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sf Michael T. Williams Michael T. Williams 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
Class Counsel will serve a copy of

this joint motion directly on their clients:

Special Situations Fund III, L.P.
Special Situations Cayman Fund, L.P. Special Situations Technology Fund New, L.P.

Special Situations Technology Fund II, L.P.

432040v.l

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