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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Filed 06/07/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Civil Action No. 04-cv-Ol006-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.;

LORI R. SWEENEY;
GARY T. SCHERPING; JEFFREY M. KRAUSS; FRED L. BROWN;

1. ANREW COWHRD;
JAMS B. HOOVER; CHARES 1. ROESSLEIN, and JAMS A. GILBERT,
Defendants.

DEFENDANT QUOV ADX, INC.'S UNOPPOSED MOTION

FOR AN EXTENSION OF TIME TO FILE RESPONSE BRIEF

Pursuant to Federal Rules of Civil Procedure 23(d) and D.COLO.LCivR 6.l.B and 16.2,
Defendant Quovadx, Inc. ("Quovadx") moves the Court for an order granting Quovadx a 29-day

extension of time-from June 15 to July 14, 200S-in which to fie its response to Lead
Plaintiffs' Motion for Partial Summary Judgment. A proposed Order Granting Quovadx, Inc.' s

Motion for an Extension of Time to File Response Brief is attached hereto as Exhibit 1. This
motion is based on the grounds stated below.

Case 1:04-cv-01006-RPM

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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
Quovadx's counsel that Lead Plaintiffs do not oppose this motion.
1. As provided in the Amended Scheduling Order that was entered by the Court on

May 30, 2006, the parties have until July 31, 2006, to fie their dispositive motions with the
Court.

2. On May 26, 2006, Lead Plaintiffs' fied their Motion for Partial Summary
Judgment. Accordingly, pursuant to D.C.COLO.LCivR 7.l.C, Quovadx's response is currently
due on June 15,2006.
3. Since receiving Lead Plaintiffs' motion, Quovadx's counsel have been out of

town for several days and have been busy preparing for depositions and hearings in other cases.

Additionally, Quovadx's counsel have extremely limited time available before July 10, 2006,

due to prior deposition commitments, hearings, and pressing deadlines in a number of other

matters, as well as family vacations in late June and early July that have been scheduled for
many months. In light of these commitments, Quovadx needs an extension of time to properly
prepare its response to Lead Plaintiffs' motion.
4. This is the first extension of

the briefing deadline that Quovadx has requested, and

good cause exists for the requested extension of time.

S. 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, the

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proposed briefing schedule will require Quovadx to fie its response brief two weeks before the
Court's deadline for fiing of 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, the Court should grant the Quovadx's unopposed motion and

enter its proposed Order Granting Quovadx, Inc.' s Motion for an Extension of Time to File
Response Brief, attached hereto as Exhibit 1.

Dated: June 7, 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

williams(£wtklaw. com

Attorneys for Defendant Quovadx, Inc.

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CERTIFICATE OF SERVICE (CM/ECF)
I hereby certify that on June 7, 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
. John Alonzo Hutchings

j hutchings(£dillanddill. com chuffman(£dillanddill. 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
. Adam Philip Stapen

astapen(£dillanddill. com chuffman(£dillanddill. 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 June 7,2006, addressed to:
Linda K. Wackwitz
Executive Vice President, Chief

Legal

Quovadx, Inc.

7600 E. Orchard Rd., Suite 300S Greenwood Village, CO 801 1 1
sf Michael T. Williams by Patricia Ann Chavez Michael T. Williams Attorney for Defendant Quovadx, Inc.

416495vl

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