Edward J. Goodman Life Income Trust v. Huang et al

Filing 147

STIPULATION AND ORDER re Briefing Schedule. Signed by Judge Saundra Brown Armstrong on 9/2/08. (lrc, COURT STAFF) (Filed on 9/2/2008) Modified on 9/3/2008 (jlm, COURT STAFF).

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MICHAEL D. TORPEY (SBN 79424) JAMES N. KRAMER (SBN 154709) RICHARD GALLAGHER (SBN 208714) JAMES E. THOMPSON (SBN 240979) ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: 415-773-5759 Attorneys for Nominal Defendant NVIDIA Corporation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

In re NVIDIA CORP. DERIVATIVE LITIGATION This Document Relates To: ALL ACTIONS.

Master File No. C-06-06110-SBA (JCS) STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE

OHS West:260493451.1

STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE C-06-06110-SBA (JCS)

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This Stipulation is entered into by and among co-lead plaintiffs, the Nominal Defendant NVIDIA Corp. ("NVIDIA"), and the individuals named as defendants in this action, through their attorneys of record. WHEREAS, on May 22, 2008 NVIDIA and plaintiffs in all three derivative options actions (Delaware Chancery, Santa Clara Superior, and Northern District of California) engaged in a global mediation session before Judge Infante; WHEREAS, at the mediation, the parties made significant progress towards resolution of the underlying derivative matters, and continue to engage in further settlement discussions; WHEREAS, the deadlines set forth in the parties' prior Stipulation and Court Order required plaintiffs to re-submit to the Court their Second Amended Complaint on or before August 18, 2008, defendants to file their motions to dismiss on or before September 12, 2008, plaintiffs to file their opposition briefs on or before October 8, 2008, and defendants to file their reply briefs on or before October 21, 2008; WHEREAS, in light of the continuing settlement discussions, and in the interests of conserving party and Court resources, the parties mutually agree and seek the Court's approval to postpone any further activity in this case until September 8, 2008; WHEREFORE, IT IS STIPULATED AND AGREED that: 1. If the case does not settle on or before September 8, 2008, plaintiffs will re-submit to the Court their Second Amended Complaint by September 8, 2008. 2. The parties will meet and confer regarding the Court's April 23, 2008 order denying plaintiffs' Administrative Motion to Seal Portions of the Second Amended Complaint and, if necessary, plaintiffs will file a renewed administrative motion on or before September 8, 2008. 3. Defendants will file their motions to dismiss on or before October 6, 2008. 4. Plaintiffs will file their opposition briefs on or before November 3, 2008. 5. Defendants will file their reply briefs on or before November 26, 2008. 6. The parties will re-notice the hearing on defendants' motion to dismiss for December 9, 2008.
OHS West:260493451.1

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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE C-06-06110-SBA (JCS)

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DATED: August 15, 2008

Respectfully Submitted, ORRICK, HERRINGTON & SUTCLIFFE LLP MICHAEL D. TORPEY JAMES N. KRAMER RICHARD GALLAGHER JAMES THOMPSON

s/ James N. Kramer JAMES N. KRAMER The Orrick Building 405 Howard Street San Francisco, CA 94105 Telephone: [phone] (fax) Attorneys for Nominal Defendant NVIDIA Corporation

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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE C-06-06110-SBA (JCS)

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I, James N. Kramer, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Hearing Date for Plaintiffs' Motion. In compliance with General Order 45, X.B., I hereby attest that Travis E. Downs III has concurred in this filing. DATED: August 15, 2008 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP TRAVIS E. DOWNS III BENNY C. GOODMAN III MARY LYNNE CALKINS 655 West Broadway, Suite 1900 San Diego, CA 92101 Telephone: [phone] (fax) s/ Travis E. Downs III TRAVIS E. DOWNS III .

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP SHAWN A. WILLIAMS AELISH M. BAIG 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: [phone] (fax) COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP THOMAS G. WILHELM 9601 Wilshire Blvd., Suite 510 Los Angeles, CA 90210 Telephone: [phone] (fax) BARRACK, RODOS & BACINE DANIEL BACINE JEFFREY W. GOLAN 3300 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 Telephone: [phone] (fax) Attorneys for Co-Lead Plaintiffs

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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE C-06-06110-SBA (JCS)

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I, James N. Kramer, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Hearing Date for Plaintiffs' Motion. In compliance with General Order 45, X.B., I hereby attest that Stephanie Byerly has concurred in this filing. DATED: August 15, 2008 HOWREY LLP LEIGH A. KIRMSSE STEPHANIE BYERLY

s/ Stephanie Byerly STEPHANIE BYERLY 525 Market Street, Suite 3600 San Francisco, CA 94105-2708 Telephone: [phone] (fax) Attorneys for Defendant Christine B. Hoberg

I, James N. Kramer, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Hearing Date for Plaintiffs' Motion. In compliance with General Order 45, X.B., I hereby attest that Kevin Muck has concurred in this filing. Dated: August 15, 2008 FENWICK & WEST KEVIN P. MUCK KALAMA LUI-KWAN 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: 415-281-1350

By:

s/ Kevin P. Muck

Attorneys for Chris A. Malachowsky, Jeffrey D. Fisher, Mary M. Dotz, and Daniel F. Vivoli

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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE C-06-06110-SBA (JCS)

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I, James N. Kramer, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Hearing Date for Plaintiffs' Motion. In compliance with General Order 45, X.B., I hereby attest that Steven Kaufhold has concurred in this filing. Dated: August 15, 2008 AKIN, GUMP, STRAUSS, HAUER & FELD LLP STEVEN KAUFHOLD 580 California Street, Suite 1500 San Francisco, CA 94104 Telephone: [phone] Facsimile: 415-765-9501 By: /s/ Steven Kaufhold____

Attorneys for Di Ma

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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE C-06-06110-SBA (JCS)

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*

* * ORDER

Based on the stipulation of the signed parties, and good cause appearing, IT IS HEREBY ORDERED that: 1. If the case does not settle on or before September 8, 2008, plaintiffs will re-

submit to the Court their Second Amended Complaint by September 8, 2008. 2. The parties will meet and confer regarding the Court's April 23, 2008 order

denying plaintiffs' Administrative Motion to Seal Portions of the Second Amended Complaint and, if necessary, plaintiffs will file a renewed administrative motion on or before September 8, 2008. 3. 4. 5. 6. December 9, 2008. Defendants will file their motions to dismiss on or before October 6, 2008. Plaintiffs will file their opposition briefs on or before November 3, 2008. Defendants will file their reply briefs on or before November 26, 2008. The hearing on defendants' motion to dismiss will be re-noticed for

THE HONORABLE SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE C-06-06110-SBA (JCS)