Free Notice (Other) - District Court of Colorado - Colorado

Case 1:02-cv-02232-PSF-PAC

Document 426

Filed 07/18/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 02-cv-2232-PSF-PAC ROBERT STUDER, et al., Plaintiffs, v. HENG FUNG HOLDINGS LIMITED, a public company in Hong Kong, et al., Defendants, and eVISION INTERNATIONAL, INC., a Colorado corporation, Nominal Defendant.

EVISION INTERNATIONAL INC.'S NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF ITS OPPOSITION TO THE SETTLING PARTIES' JOINT MOTION FOR PRELIMINARY APPROVAL OF PARTIAL SETTLEMENT

Nominal Defendant eVision International, Inc. ("eVision"), through its counsel, Hale Friesen, LLP, respectfully submits the following Notice regarding the Response of eVision International Inc. in Opposition to the Settling Parties' Joint Motion for Preliminary Approval of Partial Settlement and Memorandum of Points of Authorities: 1. On May 20, 2005, Derivative Plaintiffs Robert Studer and Nicholas Imperato

entered into a settlement agreement settling the derivative claims against Defendants Dorsey & Whitney and Erhardt Keefe Steiner & Hottman, P.C. On that same day, these parties filed The Settling Parties' Joint Motion for Preliminary Approval of Partial Settlement and Memorandum of Points of Authorities for preliminary approval of the Settlement pursuant Fed. R. Civ. P. 23.1.

Case 1:02-cv-02232-PSF-PAC

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2.

Thereafter, on June 13, 2005, eVision's Response of eVision International Inc. in

Opposition to the Settling Parties' Joint Motion for Preliminary Approval of Partial Settlement and Memorandum of Points of Authorities (the "Response to Motion for Approval") was accepted by the Court for filing. 3. In light of the settlement reached by Plaintiffs, eVision, and the individual

Defendants, Fai Chan, Tong Wan Chan, Robert Trapp, Kwok Jen Fong, Gary Cook, Jeffrey Busch, and Robert Jeffers, Jr.,1 as memorialized in their Joint Motion for Preliminary Approval of Partial Settlement and Memorandum (the "eVision Parties' Settlement") which is being submitted simultaneously herewith, eVision hereby advises the Court and all parties that it withdraws its Response to Motion for Approval without prejudice. 4. In the event the Court denies the eVision Parties' Settlement, eVision reserves its

right to reassert its opposition as stated in the to the Response to Motion for Approval.

eVision and the individual Defendants, Fai Chan, Tong Wan Chan, Robert Trapp, Kwok Jen Fong, Gary Cook, Jeffrey Busch, and Robert Jeffers, Jr. will sometimes be collectively referred to herein as the "eVision Defendants". 2

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Dated: July 18, 2005 Respectfully submitted, Allan L. Hale s/ Allan L. Hale Scott A. Hyman Hale Friesen, LLP 1430 Wynkoop Street, Suite 300 Denver, Colorado 80202 (720) 904-6000 (720) 904-6006 [email protected] [email protected]

Attorneys for Defendants Fai Chan, Tong Wan Chan, Robert Trapp, Kwok Jen Fong, Gary Cook, Jeffrey Busch, and Robert Jeffers, Jr., and Nominal Defendant eVision International, Inc.

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Case 1:02-cv-02232-PSF-PAC

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Filed 07/18/2005

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CERTIFICATE OF SERVICE I hereby certify that on July 18, 2005, I electronically filed the foregoing EVISION INTERNATIONAL INC.'S NOTICE OF WITHDRAWAL WITHOUT PREJUDICE OF ITS OPPOSITION TO THE SETTLING PARTIES' JOINT MOTION FOR PRELIMINARY APPROVAL OF PARTIAL SETTLEMENT with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

Allan L. Hale s/__________________________________ Allan L. Hale Scott A. Hyman Hale Friesen, LLP 1430 Wynkoop Street, Suite 300 Denver, Colorado 80202 (720) 904-6000 (720) 904-6006 [email protected] [email protected]

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