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

Filing 161

STIPULATION AND ORDER: That the parties will submit a Motion for Preliminary Approval of Settlement by 11/18/08, re 156 Motion for Preliminary Approval of Derivative Settlement Signed by Judge Saundra Brown Armstrong on 11/12/08. (lrc, COURT STAFF) (Filed on 11/12/2008) Modified on 11/13/2008 (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) XXXXXXXX STIPULATION AND [PROPOSED] ORDER REGARDING SETTLEMENT

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STIPULATION AND [PROPOSED] O R D E R REGARDING SETTLEMENT C-06 -06110-SBA

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This Stipulation is entered into by and among 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, pursuant to this Court's October 31, 2008 Order, the parties were to submit the Motion for Preliminary Approval of Settlement by November 7, 2008; WHEREAS, the parties are continuing to work on the settlement papers and expect to have them finalized shortly; WHEREFORE, IT IS STIPULATED AND AGREED that: 1. The parties will submit a Motion for Preliminary Approval o f Settlement by

November 14, 2008. 2. The hearing on the Motion for Preliminary Approval of Settlement will remain as

currently scheduled for January 27, 2009. DATED: November 10, 2008 Respect fully 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: [phone] (fax) Attorneys for Nominal Defendant NVIDIA Corporation

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STIPULATION AND [PROPOSED] O R D E R REGARDING SETTLEMENT C-06 -06110-SBA

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I, James E. Thompson, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Settlement. In compliance with General Order 45, X.B., I hereby attest that Samuel M. Ward has concurred in this filing. DATED: November 10, 2008 STEPHEN R. BASSER SAMUEL M. WARD 600 West Broadway, Suite 900 San Diego, CA 92101 Telephone: [phone] (fax) Ss/ Samuel M. Ward AMUEL M. WARD Attorneys for Lead Plaintiffs I, James E. Thompson, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Settlement. In compliance with General Order 45, X.B., I hereby attest that Stephanie Byerly has concurred in this filing. DATED: November 10, 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

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I, James E. Thompson, am the ECF user whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Settlement. In compliance with General Order 45, X.B., I hereby attest that Kevin Muck has concurred in this filing. DATED: November 10, 2008 FENWICK & WEST KEVIN P. MUCK KALAMA LUI-KWAN 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: 415-281-1350

s/ Kevin P. Muck 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 Stipulation and [Proposed] Order Regarding Settlement. In compliance with General Order 45, X.B., I hereby attest that Steven Kaufhold has concurred in this filing. DATED: November 10, 2008 AKIN, GUMP, STRAUSS, HAUER & FELD LLP STEVEN KAUFHOLD 580 California Street, Suite 1500 San Francisco, CA 94104 Telephone: [phone] Facsimile: 415-765-9501

s/ Steven Kaufhold STEVEN KAUFOLD Attorneys for Di Ma

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[PXXXXXED] ORDER X ROPOSXX Based on the stipulation of the signed parties, and good cause appearing, IT IS HEREBY ORDERED that: 1. The parties shall submit a Motion for Preliminary Approval of Settlement by

November 14, 2008. 2. The hearing on the Motion for Preliminary Approval of Settlement will remain as

currently scheduled for January 27, 2009. IT IS SO ORDERED.

11/12/08 DATED: _______________________ THE HONORABLE SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE

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