Free Brief in Support of Motion - District Court of Colorado - Colorado

Case 1:04-cv-01006-RPM

Document 121-2

Filed 12/01/2005

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 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, v. QUOVADX, INC., LORINE R. SWEENEY, GARY T. SCHERPING, JEFFREY M. KRAUSS, FRED L. BROWN, J. ANDREW COWHERD, JAMES B. HOOVER, CHARLES J. ROESSLEIN, and JAMES A. GILBERT. Defendants.

Civil Action No. 1:04-cv-01006-RPM ORAL ARGUMENT REQUESTED DOCUMENT ELECTRONICALLY FILED

DECLARATION OF MARCELA A. KIRBERGER, ESQ. IN SUPPORT OF 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.'S MOTION FOR PARTIAL SUMMARY JUDGMENT

MARCELA A. KIRBERGER, ESQ., of full age, hereby declares and says: 1. I am an attorney with the law firm of Lowenstein Sandler PC, which is

counsel to Lead Plaintiffs 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. (collectively "Lead Plaintiffs" or "Special Situations") in this action. As such, I have personal knowledge of all matters asserted herein. I submit this Declaration in support of Lead Plaintiffs' Motion For Partial Summary Judgment against the Defendants. 2. Attached hereto as Exhibit 1 is a true and correct copy of a Press Release

by Quovadx dated 10/22/03;
S5313/68 12/01/2005 1797063.01

Case 1:04-cv-01006-RPM

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3.

Attached hereto as Exhibit 2 is a true and correct copy of a Press Release

by Quovadx dated 10/22/03; 4. Attached hereto as Exhibit 3 is a true and correct copy of a Press Release

by Quovadx dated 11/04/03; 5. Attached hereto as Exhibit 4 is a true and correct copy of the First

Amended Class Action Complaint filed on 7/26/05; 6. Attached hereto as Exhibit 5 is a true and correct copy of Quovadx's Form

10-Q filed with the SEC on 11/03/03; 7. Attached hereto as Exhibit 6 is a true and correct copy of Form S-4 filed

with the SEC on 11/12/03; 8. Attached hereto as Exhibit 7 is a true and correct copy of the Amendment

No. 2 to Form S-4 filed with the SEC on 12/10/03; 9. Attached hereto as Exhibit 8 is a true and correct copy of Form 10-K filed

with the SEC on 03/18/04; 10. Attached hereto as Exhibit 9 is a true and correct copy of a Press Release

by Quovadx dated 3/15/04; 11. Attached hereto as Exhibit 10 is a true and correct copy of a Press Release

by Quovadx dated 4/12/04; 12. Attached hereto as Exhibit 11 is a true and correct copy of a Press Release

by Quovadx dated 4/12/04; 13. Attached hereto as Exhibit 12 is a true and correct copy of Yahoo Finance

Historical Prices for Quovadx Inc.; 14. Attached hereto as Exhibit 13 is a true and correct copy of a Press Release

by Quovadx dated May 13, 2004; 15. Attached hereto as Exhibit 14 is a true and correct copy of a Press Release

by Quovadx dated May 14, 2004;

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I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. By: /s/Marcela A. Kirberger Marcela A. Kirberger, Esq.

Executed On: December 1, 2005

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