Free Order on Motion for Miscellaneous Relief - District Court of Colorado - Colorado

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

Document 419

Filed 07/05/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Phillip S. Figa Civil Action No. 02-cv-02232-PSF-PAC ROBERT STUDER, NICHOLAS IMPERATO and PAUL KINNEY, derivatively on behalf of eVISION INTERNATIONAL, INC., SAMY SAMY, and PHILIP CALDERONE, on behalf of themselves and all other persons similarly situated, Plaintiffs, v. FAI CHAN, in his individual and corporate capacities, TONG WAN CHAN, in his individual and corporate capacities, ROBERT TRAPP, in his individual and corporate capacities, KWOK JEN FONG, in his individual and corporate capacities, GARY COOK, in his individual and corporate capacities, JEFFREY BUSCH, in his individual and corporate capacities, ROBERT JEFFERS, JR., in his individual and corporate capacities, DORSEY & WHITNEY LLP, a Minnesota limited liability partnership, and EHRHARDT, KEEFE, STEINER & HOTTMAN, P.C. Defendants, and eVISION INTERNATIONAL, INC., a Colorado corporation, Nominal Defendant.

ORDER FOR DISCOVERY STAY AND TO VACATE CERTAIN SCHEDULED HEARINGS

The Court, having reviewed the parties' Joint Notice of Proposed Settlement and Unopposed Motion for Discovery Stay (Dkt. # 418) and being fully advised in the premises, hereby GRANTS the Motion as follows: 1. The Settling Parties shall have to and including July 18, 2005 to file their

Stipulation of Settlement and associated Motions and Proposed Orders and Notices.

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

Document 419

Filed 07/05/2005

Page 2 of 2

2.

The hearing scheduled for July 6, 2005 before this Court on a Motion for

Partial Summary Judgment and Motion for Class Certification is VACATED. 3. All parties or those subject to pending discovery requests by any party

(including but not limited to eBanker Usa.Com, Inc., Global Med Technologies, Inc. and American Pacific Bank) are granted a stay to respond to any and all pending discovery including depositions, expert rebuttal reports, and subpoena responses until further notice from this Court. 4. All deadlines concerning any pending Responses or Replies, including

Plaintiff's Response to eVision and Individual Defendant's Motion to Strike Plaintiff's Expert Professor Loewenstein, eBanker's Response to Plaintiffs' Motion to Compel, Plaintiff's Reply to eBanker's Motion for Protective Order, and Plaintiffs and Dorsey & Whitney's and Ehrhardt, Keefe, Steiner & Hottman, PC's Replies to eVision and eVision Management Defendants' Objection to the Partial Settlement, Expert Rebuttal Reports are hereby suspended until further notice from this Court. 5. Should the parties be unable to file a Stipulation of Settlement and

associated Motions and Proposed Orders and Notices by July 18, 2005, they will notify the Court immediately and advise if settlement papers will be forthcoming and by when, and/or will move the Court for a new timetable to complete discovery and schedule necessary hearings. DATED: July 5, 2005 BY THE COURT: s/ Phillip S. Figa ________________________________ Phillip S. Figa United States District Judge

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