Ostrowski v. NVIDIA Corporation et al

Filing 87

ORDER granting 84 STIPULATION WITH PROPOSED ORDER re 77 Clerk's Notice, For Order Changing Date of Case Management Conference & Other Pre-Trial Deadlines filed by Paolo Jimenez, et al. Case Management Statement due by 11/17/2015. Case Management Conference reset for 11/20/2015 08:30 AM in Courtroom 6, 17th Floor, San Francisco. Signed by Judge Charles R. Breyer on 9/4/2015. (beS, COURT STAFF) (Filed on 9/8/2015)

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WHATLEY KALLAS LLP
Alan M. Mansfield (SBN 125998)
[e-mail]
1 Sansome Street, 35th Fl., PMB # 131
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]
BURSOR & FISHER, P.A.
L. Timothy Fisher (SBN 191626)
[e-mail]
Julia A. Luster (SBN 295031)
[e-mail]
Neal J. Deckant (admitted pro hac vice)
[e-mail]
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Tel: [phone]
Fax: [phone]
Co-Lead Interim Class Counsel

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION

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IN RE: NVIDIA GTX 970 GRAPHICS
CHIP LITIGATION

CLASS ACTION

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This Document Relates to:

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ALL ACTIONS

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CASE NO.: 15-cv-00760-CRB

STIPULATION ORDER FOR ORDER
CHANGING DATE OF CASE MANAGEMENT
CONFERENCE AND OTHER PRE-TRIAL
DEADLINES
Current Date to File
Second Amended Complaint: September 14, 2015
Current Date for Case
Management Conference:
September 18, 2015
Judge:

Hon. Charles R. Breyer

Complaint Filed: February 19, 2015

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The parties hereto stipulate as follows, pursuant to Rule 6.2 of the Local Rules of this Court,
based on the facts set forth in the accompanying Declaration of Alan M. Mansfield:
WHEREAS, in addition to the actions subject to the Court’s consolidation order dated
March 24, 2015 (Dkt. 34), the following related actions are pending throughout the United States:
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STIP TO CONTINUE CMC & OTHER PRE-TRIAL DEADLINES

CASE NO.: 15-cv-00760-CRB

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(1)

Bailey v. NVIDIA, U.S. Dist. Ct. W.D. North Carolina, Case No. 3:15-cv-00119

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(2)

Chung v. NVIDIA, U.S. Dist. Ct. District of Maryland (Greenbelt Div.), Case No. 8:15-

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cv-00711

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(3)

Giordano v. NVIDIA, U.S. Dist. Ct. District of Colorado, Case No. 1:15-cv-00507

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(4)

Parker v. NVIDIA, U. S. Dist. Ct. M.D. Georgia (Albany Div.), Case No. 1:15-cv-

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00062-WLS

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WHEREAS, in an additional related action, Palagano v. NVIDIA, U.S. Dist. Ct, Case No. 2:15-

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cv-01248-GP (E.D. Pa), the Hon. Jean Pratter of the U.S. District Court for the Eastern District of

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Pennsylvania issued an opinion and order transferring that action to this District on August 25, 2015,

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and that action is currently pending before the Hon. Magistrate Judge Kandis A. Westmore subject to a

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stipulation to transfer that action to this Court for purposes of determining if it should consolidated with

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this action;

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WHEREAS, counsel for Plaintiffs in the Bailey, Chung, Giordano and Parker actions (who are

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also counsel for Plaintiffs in the Palagano action) have agreed to enter into various stipulations to

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transfer those actions to this Court for purposes of consolidation, which are in the process of being filed

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with those Courts;

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WHEREAS, on July 24, 2015, another related action, Dye v. NVIDIA Corporation, Case No.

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15-cv-03428-NC, was filed in this District, and on August 31, 2015 Magistrate Judge Nahanael M.

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Cousins entered a Sua Sponte Judicial Referral order that the Dye action be transferred to this Court for

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purposes of determining whether it should be consolidated with this action;

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WHEREAS, the Bailey, Chung, Giordano, Parker, Palagano and Dye actions are referred to
herein as the “Non-Consolidated Actions”;

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WHEREAS, in light of the above events, the parties anticipate the Non-Consolidated Actions

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will soon be transferred to this Court for purposes of determining whether they will be consolidated as

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part of this action, but do not have a precise timeframe when that process will be completed;

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WHEREAS, Plaintiffs’ Second Amended Consolidated Complaint is due to be filed on

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September 14, 2015, which is in all likelihood before all of the Non-Consolidated Actions will have

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CASE NO.: 15-cv-00760-CRB

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been transferred to this Court for purposes of determining whether they will be consolidated as part of

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this action;

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WHEREAS, the parties believe it would be most efficient if the date to file the Second Amended

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Consolidated Complaint was continued for a period of time until after the Non-Consolidated Actions

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are before this Court for purposes of determining whether they will be consolidated as part of this

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action, rather than potentially need to amend the operative complaint again;

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WHEREAS, the Court has also set September 14, 2015 as the last date to conduct a mediation
in this action (Dkt. No. 70);

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WHEREAS, while discovery is on-going, the parties have had on-going settlement discussions

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and have exchanged and continue to exchange information so that any mediation would be a productive

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part of the parties’ on-going discussions, those discussions are not at a point where counsel for the

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parties believe they are fully prepared to participate in a meaningful mediation by that deadline;

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WHEREAS, the Court presently has a Case Management Conference on calendar for

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September 18, 2015 at 10:00 a.m., which date was re-set by Clerk’s Notice dated July 16, 2015 (Dkt.

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No. 77) to coincide with Defendants’ previously-filed Motion to Dismiss, which motion was taken off

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calendar by agreement and Order dated July 31, 2015 to permit the filing of the Second Amended

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Consolidated Complaint (Dkt. No. 82);

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In consideration of the above recitals, the parties believe good cause exists to stipulate to the
entry of an Order that would revise the present pre-trial dates set by the Court as follows:

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1.

Plaintiffs will file the Second Amended Consolidated Complaint within 14 days after the

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Court has issued an Order(s) deciding whether to consolidate the Non-Consolidated Actions as part of

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this action.

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2.

The Case Management Conference shall, at the Court’s option, either be vacated, reset

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by the Court after the Second Amended Consolidated Complaint has been filed, or continued to

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November 20, 2015, with the parties to file an updated Joint Status Conference Report no later than

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three (3) court days prior to that conference.

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STIP TO CONTINUE CMC & OTHER PRE-TRIAL DEADLINES

CASE NO.: 15-cv-00760-CRB

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3.

The last date to conduct an initial mediation in this action shall be continued to

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November 16, 2015.

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DATED: September 3, 2015

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WHATLEY KALLAS, LLP
By:

/S/Alan M. Mansfield
ALAN M. MANSFIELD (Of Counsel)
(SBN 125998)
[e-mail]
1 Sansome Street, 35th Floor, PMB #131
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]

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WHATLEY KALLAS, LLP
Joe R. Whatley, Jr.
(Admitted Pro Hac Vice)
1180 Avenue of the Americas, 20th Floor
New York, NY 10036
Tel: [phone]
Fax: [phone]

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BURSOR & FISHER, P.A.

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By:

/s/ L. Timothy Fisher
L. Timothy Fisher (SBN 191626)
[e-mail]
Julia A. Luster (SBN 295031)
[e-mail]
Neal J. Deckant (admitted pro hac vice)
[e-mail]
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Tel: [phone]
Fax: [phone]

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Co-Lead Interim Class Counsel

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Dated: September 3, 2015

ORRICK, HERRINGTON & SUTCLIFFE, LLP
By:

/S/ Alexander K. Talarides
Alexander K. Talarides (SBN 268086)
[e-mail]
Robert P. Varian (SBN 107459)
[e-mail]
James N. Kramer (SBN 154709)
[e-mail]
The Orrick Building
405 Howard Street
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STIP TO CONTINUE CMC & OTHER PRE-TRIAL DEADLINES

CASE NO.: 15-cv-00760-CRB

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San Francisco, CA 94105
Tel: [phone]
Fax: [phone]

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Attorneys for Defendants NVIDIA Corporation and EVGA
Corporation

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Filer’s Attestation: Pursuant to General Order No. 45, §X(B), I attest under penalty of perjury
that concurrence in the filing of the within document has been obtained from each signatory.
DATED: September 3, 2015

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WHATLEY KALLAS, LLP
By:

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/S/Alan M. Mansfield

ALAN M. MANSFIELD (Of Counsel)
(SBN 125998)
[e-mail]
1 Sansome Street, 35th Floor, PMB #131
San Francisco, CA 94104
Tel: [phone]
Fax: [phone]

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Co-Lead Interim Class Counsel

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ORDER

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Pursuant to the Stipulation of the Parties and good cause appear therefor, IT IS ORDERED AS
FOLLOWS:
1.

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Plaintiffs shall file a Second Amended Consolidated Complaint within 14 days after the

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Court issues an order whether the Non-Consolidated Actions should be consolidated as part of this

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action.

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2.

The deadline to conduct an initial mediation in this action is re-set to November 16,

3.

The Case Management Conference, currently set for September 18, 2015 is continued

2015.

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to November 20, 2015 at 8:30 a.m. The parties are to file an updated Joint Status Conference Report

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no later than November 17, 2015.

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Dated: Sept. 4, 2015

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HON. CHARLES R. BREYER
United States District Judge

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STIP TO CONTINUE CMC & OTHER PRE-TRIAL DEADLINES

CASE NO.: 15-cv-00760-CRB