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

Filing 186

STIPULATION AND ORDER re CONSENT to Jurisdiction by US Magistrate Judge. Signed by Judge Saundra Brown Armstrong, on 3/18/09. (lrc, COURT STAFF) (Filed on 3/19/2009) Modified on 3/20/2009 (jlm, COURT STAFF).

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: [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 CONSENT TO MAGISTRATE JUDGE

OHS West:260625994.1

STIPULATION AND [PROPOSED] ORDER REGARDING CONSENT TO MAGISTRATE JUDGE

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 lead plaintiffs, the Nominal Defendant NVIDIA Corp. ("NVIDIA"), and the individuals named as defendants in this action, through their attorneys of record. WHEREAS, on November 10, 2008 a Stipulation and Agreement of Settlement of Derivative Litigation ("Settlement Agreement") [Docket No. 157] was filed with this Court; WHEREAS, Paragraph 30 of the Settlement Agreement states: "The Court shall retain jurisdiction with respect to implementation and enforcement of the terms of this Settlement Agreement, and all Parties hereto submit to the jurisdiction of the Court for purposes of implementing and enforcing the California Settlement embodied in this Settlement Agreement;" WHEREAS, the parties consent to assignment to a Magistrate Judge for matters regarding implementation and enforcement of the terms of the Settlement Agreement, should the Settlement Agreement be approved; WHEREFORE, IT IS STIPULATED AND AGREED that: 1. For purposes of Paragraph 30 of the Settlement Agreement, the parties consent to

assignment to a Magistrate Judge. DATED: March 13, 2009 Respectfully Submitted, JAMES E. THOMPSON MICHAEL D. TORPEY JAMES N. KRAMER RICHARD GALLAGHER Orrick, Herrington & Sutcliffe LLP

/s/ James E. Thompson JAMES E. THOMPSON Attorneys for Nominal Defendant NVIDIA Corp.

OHS West:260625994.1

-1-

STIPULATION AND [PROPOSED] ORDER REGARDING CONSENT TO MAGISTRATE JUDGE

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 Stipulation and [Proposed] Order Regarding Consent to Magistrate Judge. In compliance with General Order 45, X.B., I hereby attest that Samuel M. Ward has concurred in this filing. DATED: March 13, 2009 STEPHEN R. BASSER SAMUEL M. WARD 600 West Broadway, Suite 900 San Diego, CA 92101 Telephone: [phone] (fax) /s/ Samuel M. Ward SAMUEL 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 Consent to Magistrate Judge. In compliance with General Order 45, X.B., I hereby attest that Leigh Kirmsse has concurred in this filing. DATED: March 13, 2009 HOWREY LLP LEIGH A. KIRMSSE STEPHANIE BYERLY

/s/ Leigh Kirmsse LEIGH KIRMSSE 525 Market Street, Suite 3600 San Francisco, CA 94105-2708 Telephone: [phone] (fax) Attorneys for Defendant Christine B. Hoberg

OHS West:260625994.1

-2-

STIPULATION AND [PROPOSED] ORDER REGARDING CONSENT TO MAGISTRATE JUDGE

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 Stipulation and [Proposed] Order Regarding Consent to Magistrate Judge. In compliance with General Order 45, X.B., I hereby attest that Kevin Muck has concurred in this filing. DATED: March 13, 2009 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 Consent to Magistrate Judge. In compliance with General Order 45, X.B., I hereby attest that Steven Kaufhold has concurred in this filing. DATED: March 13, 2009 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

OHS West:260625994.1

-3-

STIPULATION AND [PROPOSED] ORDER REGARDING CONSENT TO MAGISTRATE JUDGE

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:260625994.1

*

* ORDER

*

Based on the stipulation of the signed parties, and good cause appearing, IT IS HEREBY ORDERED that: 1. Any matters regarding implementation or enforcement of the Settlement

Agreement shall be assigned to a Magistrate Judge. 2. The Magistrate Judge shall retain jurisdiction over any such matters, and the

parties shall submit to the jurisdiction of the Magistrate Judge for such purposes. IT IS SO ORDERED. DATED: _3/18/09 THE HONORABLE SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE

-4-

STIPULATION AND [PROPOSED] ORDER REGARDING CONSENT TO MAGISTRATE JUDGE