Free Scheduling Conference - District Court of Colorado - Colorado

Case 1:04-cv-01006-RPM

Document 159

Filed 02/24/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: February 24, 2006 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ___________________________________________________________________________
Civil Action No. 04-cv-00665-RPM DAVID HELLER, individually and on behalf of all others similarly situated, Plaintiff, v. QUOVADX, INC., LORINE R. SWEENEY and GARY T. SCHERPING, Defendants. John P. Stigi, III Frederick J. Baumann Jeffrey Lawrence

Civil Action No. 04-cv-01006-RPM SPECIAL SITUATIONS FUND III., 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 v. QUOVADX, INC., LORINE R. SWEENEY, GARY T. SCH--ERPING, JEFFREY M. KRAUSS, FRED L. BROWN, J. ANDREW COWHERD, JAMES B. HOOVER, CHARLES J. ROESSLEIN, and JAMES A. GILBERT, John M. Vaught Hugh Gottschalk Michael T. Williams John P. Stigi, III Frederick J. Baumann Lawrence M. Rolnick

Defendants. ____________________________________________________________________________________________

COURTROOM MINUTES ___________________________________________________________________________ Joint Scheduling Conference 10:30 a.m. Court in session.

Entry of appearances by counsel.

Case 1:04-cv-01006-RPM

Document 159

Filed 02/24/2006

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February 24, 2006 04-cv-00665-RPM 04-cv-01006-RPM Court' statements regarding the necessity of class notices pursuant to Rule 23(c)(2)((B) and s pending motions in Civil Action No. 04-cv-01006-RPM. Civil Action No. 04-cv-00665-RPM 10:36 a.m. Mr. Lawrence states parties have participated in mediation, have reached an agreement in principal with defendants and intend to execute and submit a memorandum of understanding and settlement papers for approval. Mr. Lawrence agrees to a combined notice informing of class certification and settlement. Counsel agree to withhold the entry of a scheduling order. ORDERED: Counsel shall submit proposed class notice, settlement agreement and motion for preliminary approval of settlement agreement.

Civil Action No. 04-cv-01006-RPM Mr. Rolnick states he agrees to a combined notice informing of class certification (04-1006 only) and the voluntary dismissal of directors. Argument and discussion between Mr. Rolnick and Court regarding cost of notice, pending motion for summary judgment (damages / misrepresentation / material omissions) and suggestion that notice should include inquiry about losses by class members ( versus a proof of claim). 10:50 a.m. Mr. Vaught states his position is that the notice to the class should include a proof of claim. Discussion and argument between Mr. Vaught and Court regarding the notice including an inquiry with respect to class members' transactions versus a proof of claim. 10:55 a.m. Discussion and argument between Court and Mr. Stigi regarding non-opposition statement (misrepresentation / omissions) and notice of the voluntary dismissal. Discussion between Mr. Rolnick and Court regarding omissions claim. Plaintiffs'Motion for Partial Summary Judgment, filed December 1, 2005 (doc. 120), is granted. Counsel shall submit an agreed proposed order or Mr. Rolnick shall file a non-opposition statement to Quovadx' proposed order already submitted. s 10:41 a.m.

11:07 a.m. ORDERED:

Court states plaintiffs may file another motion for partial summary judgment regarding its material omissions claim.

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Case 1:04-cv-01006-RPM

Document 159

Filed 02/24/2006

Page 3 of 3

February 24, 2006 04-cv-00665-RPM 04-cv-01006-RPM ORDERED: Counsel shall prepare and submit a proposed combined notice to include determination of liability and request for information concerning stocks. Argument by Mr. Vaught. ORDERED: 11:15 a.m. ORDERED: Cost of notice shall be split equally between parties.

11:14 a.m.

Statements by Mr. Baumann Plaintiffs'Motion on Short Notice for Voluntary Dismissal, filed December 23, 2005 (doc. 128), is granted. An order of dismissal without prejudice pursuant to plaintiff' motion shall s enter after approval of class notice. Plaintiffs'Motion on Short Notice to File Under Seal, filed December 23, 2005 (doc. 127), is granted.

ORDERED:

Discussion regarding scheduling. ORDERED: Counsel shall prepare and submit a revised proposed scheduling order consistent with today' rulings (include plaintiffs' s anticipated second motion for partial summary judgment). Counsel shall submit proposed class notice as soon as possible. Court in recess.

ORDERED: 11:20 a.m.

Hearing concluded. Total time in court: 50 min.

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