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

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

Document 418

Filed 07/06/2005

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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, derivatively on behalf of eVISION INTERNATIONAL, INC., et al., Plaintiffs, v. HENG FUNG HOLDINGS LIMITED, a public company in Hong Kong, et al., Defendants, EVISION INTERNATIONAL, INC., a Colorado corporation, Nominal Defendant. JOINT NOTICE OF PROPOSED SETTLEMENT AND UNOPPOSED MOTION FOR DISCOVERY STAY AND TO VACATE CERTAIN SCHEDULED HEARINGS AND FOR AN EXPEDITED RULING

Plaintiffs and eVision and the eVision Management Defendants, by and through their counsel, hereby notify this Court and jointly Move as follows: 1. Counsel for all parties, including counsel for non-parties subject to pending

discovery, eBanker USA.Com, Inc. and Global Med Technologies, Inc. , have complied with D.C. COLO LCivR 7.1 on July 5, 2005, and all join in this Motion. 2. On July 5, 2005, Derivative Plaintiffs Robert Studer and Nicholas Imperato and

Class Plaintiffs Samy Samy and Phillip Calderone ("Plaintiffs"), on behalf of themselves and derivatively on behalf of eVision International, Inc. ("eVision") and on behalf of a Class of persons, consisting of all legal or beneficial holders of eVision's Convertible Series B-1 Preferred Stock on November 28, 2001 and on the dates eVision declared and paid dividends on

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

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such Preferred Stock in the years 2000, 2001, and 2002, and eVision and its predecessors, successors and assigns, and the "eVision Management Defendants," consisting of Fai Chan, Tong Won Chan, Kwok Jen Fong, Robert Trapp, Gary Cook, Robert Jeffers, Jr., and Jeffrey Busch (together with Plaintiffs and eVision "Settling Parties") entered into a Stipulation and Settlement Agreement to resolve all claims pending in this litigation. No later than July 18, 2005, the Settling Parties intend to file with this Court a Motion for Preliminary Approval of the Proposed Settlement, a copy of the signed Stipulation, and all required auxiliary pleadings including proposed Orders and notices.1 3. Due to the fact that there are multiple parties including some outside the U.S. who

will need to review all pleadings prior to filing, the Settling Parties, by and through, their counsel move for a complete discovery stay for all actions due on or scheduled after June 29, 2005 and the vacating of all pending July 2005 hearings scheduled before this Court including the July 6, 2005 on a Motion for Partial Summary Judgment and Motion for Class Certification. On June 28, 2005 the Settling Parties filed an Unopposed Motion for Extension of Time to Reset Upcoming Response/Reply And Discovery Deadlines, which was referred to Magistrate Coan on June 30, 2005. Magistrate Coan then vacated a hearing on July 1, 2005 but took the other matters under advisement. The discovery cut-off is July 15, 2005 and the expert witness deposition deadline is July 29, 2005 so extensive discovery and depositions had been scheduled between June 29 and July 29, 2005. The Settling Parties and other Defendants and non-parties subject to responding to discovery requests move that this Unopposed Motion for a On May 20, 2005 Derivative Plaintiffs and Defendants, Dorsey & Whitney, LLP and Ehrhardt, Keefe, Steiner, and Hottman, P.C. filed a Joint Motion for Preliminary Approval of a Proposed Settlement of all claims amongst them with associated proposed orders and pleadings. A Preliminary Approval Hearing is scheduled before this Court for August 16, 2005.
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Case 1:02-cv-02232-PSF-PAC

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complete discovery stay and vacating of all July 2005 hearings be granted immediately so all parties may concentrate their efforts on completing and filing the required settlement documents as soon as possible. 4. All Parties request that 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, and any Expert Rebuttal Reports are hereby suspended until further notice from this Court. 5. In compliance with D.COLO.LCivR 6.1.D, each undersigned counsel certifies

that a copy of this joint motion has been served on his or her client(s). For the reasons above, All Parties respectfully request that the Court enter their proposed Order Granting this Unopposed Motion For Discovery Stay And To Vacate Certain Scheduled Hearings, attached hereto as Exhibit 1. Dated: July 5, 2005 Respectfully Submitted, _s/Karen Cody-Hopkins/_____ Charles W. Lilley Karen Cody-Hopkins # 35367 LILLEY & GARCIA, LLP 1600 Stout Street, Suite 1100 Denver, Colorado 80202 Telephone: (303) 293-9800 Jacob A. Goldberg Jacob A. Goldberg, Esq., LLC P.O. Box 30132 Elkins Park, PA 19027 Attorneys for Plaintiffs

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

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CERTIFICATE OF SERVICE (CM/ECF) The undersigned hereby certifies that on July 5, 2005, I electronically filed a copy of the foregoing Joint Notice Of Proposed Settlement And Unopposed Motion For Discovery Stay And To Vacate Certain Scheduled Hearings And For An Expedited Ruling using the CM/ECF system which will send notification of such filing to the following counsel via their emails on file with the U.S. District Court for the District of Colorado's CM/ECF system and certify there are no non-CM/ECF parties who require service or notice of this filing and faxed and emailed a courtesy notice to Judge Figa's chambers per his staff's request: Michael Williams & Michael O'Donnell Wheeler Trigg Kennedy LLP 1801 California Street, Suite 3600 Denver CO 80202 Attorneys for Dorsey & Whitney, LLP Allan L. Hale & Scott Hyman Hale Friesen LLP 1430 Wynkoop, Suite 300 Denver CO 80202 Attorney for eVision Defendants (eVision Int'l, F. Chan, T. Chan, Trapp, Fong, Cook, Busch, Jeffers) Carla Minckley & Thomas Birge Birge & Minckley PC 1700 Broadway Suite 1501 Denver CO 80290 Attorneys for Ehrhardt, Keefe, Steiner & Hottman, Inc. Stephen Gurr & Michelle Roche Kamlet Shepherd & Richert, LLP 1515 Arapahoe Street, Tower 1, Suite 1600 Denver, CO 80202 Attorneys for eBanker and Global Med

_s/_Karen Cody-Hopkins_____ Karen Cody-Hopkins Lilley & Garcia, LLP 1600 Stout Street, Suite 1100 Denver, CO 80126 T: 303-293-9800 F: 303-298-8975 E: [email protected]