Free Motion for Attorney Fees - District Court of Colorado - Colorado

Case 1:04-cv-01006-RPM

Document 260-31

Filed 04/24/2007

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IN THE 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

[PROPOSED] ORDER AWARDING LEAD COUNSEL'S MOTION FOR AWARD OF ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES This matter having come before the Court on the motion of Lowenstein Sandler PC and Marc B. Kramer, Esq. (collectively, "Lead Counsel") for an award of attorneys' fees and reimbursement of expenses incurred in the above captioned action, the Court, after having considered all papers filed and proceedings conducted herein, having found the settlement of this action to be fair, reasonable, and adequate and otherwise being fully informed in the premises and good cause appearing therefor;

S5313/68 04/24/2007 2114929.03

Case 1:04-cv-01006-RPM

Document 260-31

Filed 04/24/2007

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that: 1. This Court has jurisdiction over the subject matter of this motion and all matters

relating thereto, including all Members of the Class who have not timely and validly requested exclusion. 2. The Court hereby awards Lead Counsel attorneys' fees of 25% of the Settlement

Fund, together with the interest earned thereon for the same time period and at the same rate as that earned on the Settlement Fund until paid. The Court finds that the amount of fees awarded is appropriate and that the amount of fees awarded is fair and reasonable under the "percentageof-recovery" method given the risks of non-recovery, the time and effort involved, and the result obtained for the Class. 3. The Court hereby awards Lead Counsel reimbursement of litigation expenses in

the amount of $176,813.34, together with the interest earned thereon for the same time period and at the same rate as that earned on the Settlement Fund until paid. 4. The Court hereby awards Kaplan Fox reimbursement of attorneys fees in the

amount of $203,165.00 and expenses in the amount of $6,279.95, both of which shall be paid out of the Settlement Fund.

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Case 1:04-cv-01006-RPM

Document 260-31

Filed 04/24/2007

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5.

The awarded attorneys' fees and expenses and interest earned thereon shall

immediately be paid to Lead Counsel and Kaplan Fox subject to the terms, conditions and obligations of the Stipulation of Settlement, and in particular ¶6.2 thereof, which terms, conditions and obligations are incorporated herein. IT IS SO ORDERED.

DATED:___________________

_____________________________________ THE HONORABLE RICHARD P. MATSCH UNITED STATES DISTRICT JUDGE

Submitted by: s/ Lawrence M. Rolnick ____ Lawrence M. Rolnick, Esq. Lowenstein Sandler PC 65 Livingston Avenue Roseland, NJ 07068-1791 Tel. 973.597.2500 Fax 973.597.2400 [email protected]

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