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

Case 1:04-cv-01006-RPM

Document 181

Filed 07/13/2006

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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,
v.

QUOV ADX, INC.,

Defendant.

DEFENDANT QUOV ADX, INC.'S UNOPPOSED MOTION FOR

EXTENSIONS OF TIMES TO FILE SUMMARY JUDGMENT BRIEFS AND TO SERVE RESPONSES TO WRITTEN DISCOVERY

Pursuant to Federal Rules of Civil Procedure 23(d) and D.COLO.LCivR 6.l.B, and 16.2,

Defendant Quovadx, Inc. ("Quovadx"), with Lead Plaintiffs' consent, hereby moves the Court
for an order (1) granting Quovadx a 10-day extension of

time-from July 14 to July 24, 2006-

in which to fie its response to Lead Plaintiffs' Motion for Partial Summary Judgment

("Plaintiffs' motion"), (2) granting Lead Plaintiffs a reciprocal extension of

time-from July 31
Plaintiffs' motion, and (3) granting

to August 18, 2006-in which to fie their reply in support of

Lead Plaintiffs and Quovadx reciprocal 10-day extensions of time-from July 14 to July 24,

2006-in which to serve each other with their responses to written discovery. A proposed Order

Granting Quovadx, Inc.'s Unopposed Motion for Extensions of Times to File Summary

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Judgment Briefs and to Serve Responses to Written Discovery is attached hereto as Exhibit 1.
This unopposed 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, and the parties have stipulated

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

May 30, 2006 (Doc. #176), the parties have until July 31, 2006, to fie their dispositive motions

with the Court. On May 26, 2006, Lead Plaintiffs fied their Motion for Partial Summary
Judgment (Doc. # 1 7 1), and the Court granted Quovadx one 29-day extension of time to fie its

response (Doc. #179). Accordingly, Quovadx's response is currently due on July 14, 2006, and
Lead Plaintiffs' reply is currently due on July 31, 2006.
2. The parties also served each other with sets of written discovery and previously

stipulated, pursuant to D.C.COLO.LCivR 6.

1.

A, to reciprocal 18-day extensions such that the

parties' discovery responses are currently due on July 14, 2006.
3. Due to the family vacation and travel schedules of Quovadx' s counsel and Class

Counsel in late June, early July, and early August, as well as substantial deposition, hearing, and
briefing commitments in other matters, the parties' counsel have had limited time to prepare their

respective summary judgment briefs and responses to written discovery. In light of their
commitments, the parties need extensions of time to properly prepare and fie their summary
judgment briefs and to prepare and serve each other with responses to written discovery.

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4. This is the second extension of the briefing and written 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. Indeed, the

proposed briefing schedule will require Quovadx to fie its response brief one week before the
Court's deadline for fiing dispositive motions.

6. 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 Extensions of Times to File Summary Judgment Briefs and to Serve Responses to Written
Discovery, attached hereto as Exhibit 1.

Dated: July 13, 2006

Respectfully submitted,

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
Telephone: (303) 244-1800 Facsimile: (303) 244-1879

E-mail: williams(£wtklaw.com

Attorneys for Defendant Quovadx, Inc.

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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on July 13, 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 email 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 Peter Stigi, III

j stigi(£sheppardmullin. 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

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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 July 13, 2006, addressed to:
Linda K. Wackwitz
Executive Vice President, Chief

Legal

Offcer, and Secretary

Quovadx, Inc.

7600 E. Orchard Rd., Suite 300S Greenwood Village, CO 801 1 1
sf Michael T. Williams by Patricia Ann Chavez Michael T. Williams Attorney for Defendant Quovadx, Inc.
Class Counsel will serve a copy of

this unopposed 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.

418992vl

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