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

Filing 151

STIPULATION AND ORDER, Motions terminated:. Signed by Judge ARMSTRONG on 9/30/08. (lrc, COURT STAFF) (Filed on 9/30/2008)

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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) NOTICE OF SETTLEMENT AND STIPULATION AND ORDER WITHDRAWING MOTIONS AND VACATING MOTION HEARING

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NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER WITHDRAWING MOTIONS AND VACATING MOTION HEARING C-06-06110-SBA

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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 September 29, 2006 plaintiffs filed a complaint styled Edward J. Goodman Life Income Trust v. Huang, et al., Northern District of California, Case No. C-0606110-SBA; WHEREAS, subsequently five related actions were filed in the Northern District of California and consolidated with the above captioned action; WHEREAS, on February 28, 2007 plaintiffs filed a Consolidated Verified Shareholders Derivative Complaint; WHEREAS, on May 15, 2007 defendants filed several Motions to Dismiss the consolidated action (Docket Nos. 68, 72, 74, and 76); WHEREAS, in November and December 2007, and in January and May 2008 NVIDIA and plaintiffs in all three derivative options actions (Delaware Chancery, Santa Clara Superior, and Northern District of California) engaged in global mediation sessions before Judge Infante; WHEREAS, as a result of said discussions an agreement in principal was reached between all parties resolving the consolidated litigation on a global basis; WHEREAS, on September 19, 2008 the parties signed and executed a Memorandum of Understanding outlining the terms of the this agreement; WHEREFORE, IT IS STIPULATED AND AGREED that: 1. All Motions to Dismiss the Consolidated Verified Shareholders Derivative

Complaint are withdrawn (Docket Nos. 68, 72, 74, and 76) without prejudice to any party's right to re-file any such motion or opposition. 2. The hearing on defendants' Motions to Dismiss, currently scheduled for December

9, 2008, will be taken off calendar. /// ///

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NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER WITHDRAWING MOTIONS AND VACATING MOTION HEARING C-06-06110-SBA

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3.

Plaintiffs will submit a Motion for Preliminary Approval of Settlement within a

reasonable period of time hereafter. DATED: September 22, 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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NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER WITHDRAWING MOTIONS AND VACATING MOTION HEARING C-06-06110-SBA

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I, James N. Kramer, am the ECF user whose ID and password are being used to file this Notice of Settlement and Stipulation and [Proposed] Order Withdrawing Motions and Vacating Motion Hearing. In compliance with General Order 45, X.B., I hereby attest that Travis E. Downs III has concurred in this filing. DATED: September 22, 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 MONIQUE C. WINKLER 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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NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER WITHDRAWING MOTIONS AND VACATING MOTION HEARING C-06-06110-SBA

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I, James N. Kramer, am the ECF user whose ID and password are being used to file this Notice of Settlement and Stipulation and [Proposed] Order Withdrawing Motions and Vacating Motion Hearing. In compliance with General Order 45, X.B., I hereby attest that Stephanie Byerly has concurred in this filing. DATED: September 22, 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 Notice of Settlement and Stipulation and [Proposed] Order Withdrawing Motions and Vacating Motion Hearing. In compliance with General Order 45, X.B., I hereby attest that Kevin Muck has concurred in this filing. Dated: September 22, 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

I, James N. Kramer, am the ECF user whose ID and password are being used to file this Notice of Settlement and Stipulation and [Proposed] Order Withdrawing Motions and Vacating Motion Hearing. In compliance with General Order 45, X.B., I hereby attest that Steven Kaufhold has concurred in this filing.

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NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER WITHDRAWING MOTIONS AND VACATING MOTION HEARING C-06-06110-SBA

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Dated: September 22, 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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NOTICE OF SETTLEMENT AND STIPULATION AND [PROPOSED] ORDER WITHDRAWING MOTIONS AND VACATING MOTION HEARING C-06-06110-SBA

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* * * [PROPOSED] ORDER Based on the stipulation of the signed parties, and good cause appearing, IT IS HEREBY ORDERED that: 1. All Motions to Dismiss the Consolidated Verified Shareholders Derivative Complaint are voluntarily withdrawn (Docket Nos. 68, 72, 74, and 76) without prejudice to any party's right to re-file any such motions or oppositions. 2. The hearing on defendants' Motions to Dismiss, currently scheduled for December 9, 2008, is vacated. 3. Plaintiffs shall submit a Motion for Preliminary Approval of Settlement within a reasonable period of time after entry of this order. IT IS SO ORDERED.

DATED: 9/30/08

THE HONORABLE SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE

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