Free Proposed Scheduling Order - District Court of Colorado - Colorado

Case 1:04-cv-01006-RPM

Document 113

Filed 11/08/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-M-1006 (RPM) 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, Plaintiff, 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.

REQUEST FOR A SCHEDULING CONFERENCE FOLLOWING ENTRY OF AN ORDER OF CLASS CERTIFICATION

Case 1:04-cv-01006-RPM

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Filed 11/08/2005

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Defendants Quovadx, Inc. Jeffrey M. Krauss, Fred L. Brown, J. Andrew Cowherd, James B. Hoover, Charles J. Roesslein and James A. Gilbert (collectively, the "Quovadx Defendants") respectfully submit this request for a scheduling conference in the event that the Court enters an order certifying a class in this case. CERTIFICATION PURSUANT TO D.C.COLO.L.CIV.R. 7.1(A) The undersigned certify that counsel for the Quovadx Defendants have conferred with counsel for 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. ("Lead Plaintiffs") and counsel for defendants Lorine Sweeney and Gary Scherping, and that all other parties herein concur with this request. 1. This is a class action lawsuit brought under Section 11 of the Securities Act of 1933,

commenced on May 17, 2004. All defendants have answered the Complaint and, on June 29, 2005 this Court appointed Lead Plaintiffs as lead plaintiffs in this matter. On October 27, 2005, Lead Plaintiffs filed a motion for class certification, and, concurrently with this request, the Quovadx Defendants filed a statement of non-opposition to that motion. 2. As the Court is aware, a separate class action lawsuit against Quovadx and two of its

former officers, also defendants in the instant matter, is pending before this Court under the caption Heller v. Quovadx, Inc., Civil Action No. 04-cv-0665 (RPM) (D. Colo.) (the "Section 10(b) Action"). The Section 10(b) Action asserts claims under Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder, on the basis of the same core factual allegations raised in the instant matter. 3. On November 4, 2005, the Court issued an Order denying Quovadx's request for

entry of a joint proposed coordinated scheduling order for the instant matter and the Section 10(b) Action. In so ruling, this Court stated that "a joint scheduling conference in these cases is anticipated for the purpose of coordinating discovery." November 4 Order. This Court noted that such coordination "cannot be accomplished until the question of class certification has been resolved in this Action." Since the issuance of the November 4 Order, the Quovadx Defendants have filed a

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Case 1:04-cv-01006-RPM

Document 113

Filed 11/08/2005

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Statement of Non-Opposition indicating that they do not oppose Lead Plaintiffs' Motion for Class Certification. 4. Therefore, in anticipation of the Court's ruling on Plaintiffs' motion for class

certification and in an effort to effectuate the coordination and consolidation of discovery called for by this Court's November 4 Order, the Quovadx Defendants respectfully request that, in the event the Court were to grant Lead Plaintiffs' motion for class certification, the Court hold a scheduling conference at the earliest opportunity thereafter for the purpose of setting a coordinated schedule in these cases. Respectfully Submitted, Dated: November 8, 2005 s/ John P. Stigi III John P. Stigi III Wilson Sonsini Goodrich & Rosati One Market Street, Spear Tower, Suite 3300 San Francisco, California 94105 Tel: (415) 947-2000 Fax: (415) 947-2099 Attorneys for Defendants Quovadx, Inc., Jeffrey M. Krauss, Fred L. Brown, J. Andrew Cowherd, James B. Hoover, Charles J. Roesslein and James A. Gilbert

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