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

Filing 154

MODIFIED STIPULATION AND ORDER. Signed by Judge ARMSTRONG on 11/3/08. (lrc, COURT STAFF) (Filed on 11/3/2008)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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: 415-773-5700 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 MODIFIED ORDER REGARDING SETTLEMENT OHS West:260542685.1 STIPULATION AND [PROPOSED] ORDER RGARDING SETTLEMENT C-06-06110-SBA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 22, 2008 the parties filed a Stipulation informing the Court that they had executed a Memorandum of Understanding outlining the terms of a proposed settlement and that a Motion for Preliminary Approval of Settlement would be submitted within a reasonable period of time thereafter; WHEREAS, the parties are continuing to work on the Settlement Agreement and other settlement documents accompanying the Motion for Preliminary Approval of the Settlement, and expect to have them finalized shortly; WHEREFORE, IT IS STIPULATED AND AGREED that: 1. The parties will submit a Motion for Preliminary Approval of Settlement by November 7, 2008. 2. The parties will notice the hearing on the Motion for Preliminary Approval of Settlement for January 20, 2009. DATED: October 31, 2008 Respectfully Submitted, ORRICK, HERRINGTON & SUTCLIFFE LLP MICHAEL D. TORPEY JAMES N. KRAMER RICHARD GALLAGHER JAMES THOMPSON s/ James E. Thompson JAMES E. THOMPSON The Orrick Building 405 Howard Street San Francisco, CA 94105 Telephone: 415/773-5700 415/773-5759 (fax) Attorneys for Nominal Defendant NVIDIA Corporation OHS West:260542685.1 -1- STIPULATION AND [PROPOSED] ORDER RGARDING SETTLEMENT C-06-06110-SBA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, James E. Thompson, 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: October 31, 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: 619/231-1058 619/231-7423 (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: 415/288-4545 415/288-4534 (fax) COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP THOMAS G. WILHELM 9601 Wilshire Blvd., Suite 510 Los Angeles, CA 90210 Telephone: 310/859-3100 310/278-2148 (fax) BARRACK, RODOS & BACINE DANIEL BACINE JEFFREY W. GOLAN 3300 Two Commerce Square 2001 Market Street Philadelphia, PA 19103 Telephone: 215/963-0600 215/963-0838 (fax) Attorneys for Co-Lead Plaintiffs . OHS West:260542685.1 -2- STIPULATION AND [PROPOSED] ORDER RGARDING SETTLEMENT C-06-06110-SBA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, James E. Thompson, 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: October 31, 2008 HOWREY LLP LEIGH A. KIRMSSE STEPHANIE BYERLY s/ Stephanie Byerly STEPHANIE BYERLY 525 Market Street, Suite 3600 San Francisco, CA 94105-2708 Telephone: 415/848-4966 415/848-4999 (fax) Attorneys for Defendant Christine B. Hoberg I, James E. Thompson, 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: October 31, 2008 FENWICK & WEST KEVIN P. MUCK KALAMA LUI-KWAN 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: 415-875-2300 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 E. Thompson, 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. OHS West:260542685.1 -3- STIPULATION AND [PROPOSED] ORDER RGARDING SETTLEMENT C-06-06110-SBA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 31, 2008 AKIN, GUMP, STRAUSS, HAUER & FELD LLP STEVEN KAUFHOLD 580 California Street, Suite 1500 San Francisco, CA 94104 Telephone: 415-765-9500 Facsimile: 415-765-9501 By: /s/ Steven Kaufhold____ Attorneys for Di Ma OHS West:260542685.1 -4- STIPULATION AND [PROPOSED] ORDER RGARDING SETTLEMENT C-06-06110-SBA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OHS West:260542685.1 * * * [ ORDER Based on the stipulation of the signed parties, and good cause appearing, IT IS HEREBY ORDERED that: 1. The parties will submit a Motion for Preliminary Approval of Settlement by November 7, 2008. 2. The parties will notice the hearing on the Motion for Preliminary Approval of Settlement for January 27, 2009. IT IS SO ORDERED. DATED: _11/3/08__ THE HONORABLE SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE -5- STIPULATION AND [PROPOSED] ORDER RGARDING SETTLEMENT C-06-06110-SBA

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