Carramerica Realty Corp. v. NVIDIA Corporation et al

Filing 223

STIPULATION AND ORDER DENYING STIPULATION TO RENOTICE HEARING FROM 11/2/2009 TO 12/14/2009 re 221 Renotice motion hearing, 219 Renotice motion hearing, 220 Renotice motion hearing, 222 Renotice motion hearing; ADVANCING HEARING re 216 MOTIO N for Leave to File Fifth Amended Complaint. Set/Reset Deadlines as to 221 Renotice motion hearing,, 219 Renotice motion hearing, 220 Renotice motion hearing, 222 Renotice motion hearing, 216 MOTION for Leave to File Fifth Amended Complaint. Motion Hearing set for 11/2/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 10/19/2009. (ecg, COURT STAFF) (Filed on 10/19/2009)

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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 ROBERT P. VARIAN (STATE BAR NO. 107459) rvarian@orrick.co m KAREN JOHNSON-MCKEWAN (STATE BAR NO. 121570) kjohnson-mckewan@orrick.com JAMES N. KRAMER (STATE BAR NO. 154709) jkramer@orrick.com JUSTIN M. LICHTERMAN (STATE BAR NO. 225734) jlichterman@orrick.com ORRICK, HERRINGTON & SUTCLIFFE LLP 405 Howard Street San Francisco, CA 94105 Telephone: (415) 773-5700 Facsimile: (415) 773-5759 Attorneys for Defendants NVIDIA CORPORATION, NVIDIA US INVESTMENT COMPANY, INC., JEN-HSUN HUANG, JAMES C. GAITHER, A. BROOKE SEAWELL, WILLIAM J. MILLER, TENCH COXE, MARK A. STEVENS, HARVEY C. JONES UNIT ED S S DISTRICT TE C TA SAN JOSE DIVISION CV 05-00428 JW ER N F D IS T IC T O R CARRAMERICA REALTY CORPORATION, a Maryland real estate investment trust, Plaintiff, v. NVIDIA CORPORATION, et al., Defendants. STIPULATION AND [PROPOSED] ORDER RE-SCHEDULING: HEARING ON DEFENDANT NVIDIA'S MOTION TO DISMISS CARRAMERICA'S FOURTH AMENDED COMPLAINT, MOTION FOR RULE 11 SANCTIONS AND MOTION TO STRIKE; HEARING ON PLAINTIFF CARRAMERICA'S MOTION FOR ORDER CONFIRMING FILING OF FIFTH AMENDED COMPLAINT OR ALTERNATIVELY FOR LEAVE TO FILE FIFTH AMENDED COMPLAINT; CASE MANAGEMENT CONFERENCE Room: Judge: 8 The Hon. James Ware OHS West:260739470.3 STIPULATION AND [PROPOSED] ORDER RE RESCHEDULING NOV. 2 AND NOV. 9 MOTIONS HEARINGS AND NOV. 2 CASE MANAGEMENT CONFERENCE A C LI NORTHERN DISTRICT OF CALIFORNIA FO UNITED STATES DISTRICT COURT re mes Wa Judge Ja R NIA HOUT D WIT DENIE UDICE PREJ RT U O NO RT H 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 STIPULATION WHEREAS on July 7, 2009, this Court entered an Order After Hearing [the "Order"] setting a hearing on NVIDIA's anticipated Motion to Dismiss CarrAmerica's Fourth Amended Complaint for November 2, 2009 at 9:00 a.m., and setting a further Case Management Conference for 10:00 a.m. WHEREAS on August 10, 2009 CarrAmerica filed and served its Fourth Amended Complaint pursuant to the Court's Order. WHEREAS on September 4, 2009 NVIDIA served (but did not file) a Motion for Sanctions Under Fed.R.Civ.Pro. Rule 11 on CarrAmerica. WHEREAS on September 25, 2009, NVIDIA filed and served its Motion to Dismiss CarrAmerica's Fourth Amended Complaint noticed for November 2, 2009, pursuant to the Court's Order. WHEREAS on September 25, 2009, CarrAmerica filed and served a document which it titled "Fifth Amended Complaint." WHEREAS on September 28, 2009, NVIDIA filed and served its Motion for Sanctions Under Fed.R.Civ.Pro. Rule 11 and a Motion to Strike CarrAmerica's Fifth Amended Complaint, with both motions noticed for November 2, 2009. WHEREAS on October 1, 2009, CarrAmerica filed and served a Motion for Order Confirming Filing of Fifth Amended Complaint, or Alternatively For Leave to File Fifth Amended Complaint, noticed for November 9, 2009. WHEREAS on October 4, 2009, counsel for CarrAmerica notified counsel for NVIDIA that his mother was terminally ill and in extremis, and that counsel would therefore be unable to meet the current briefing schedule. /// /// /// /// /// OHS West:260739470.3 STIPULATION AND [PROPOSED] ORDER RE RESCHEDULING NOV. 2 AND NOV. 9 MOTIONS HEARINGS AND NOV. 2 CASE MANAGEMENT CONFERENCE 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 NOW THEREFORE the parties hereby agree and stipulate as follows: 1. The parties are available on December 14, 2009 and request a rescheduled hearing on all of the above listed motions on that date at 9:00 a.m. 2. The parties further request a rescheduled Case Management Conference be set on for December 14, 2009 at 10:00 a.m. 3. The parties shall re-notice their respective motions accordingly. SO STIPULATED. Dated: October 5, 2009 By: /s/ Karen Johnson-McKewan Karen Jonson-McKewan Counsel for the NVIDIA Defendants I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document Dated: October 6, 2009 By: /s/ Dwight C. Donovan Dwight C. Donovan MBV LAW LLP ORRICK HERRINGTON & SUTCLIFFE LLP Attorneys for CarrAmerica Realty Corp. IT IS SO ORDERED: The Stipulation is DENIED the Court's calendar would be impacted by this continuance. The hearing for the noticed motions remain on calendar for November 2, 2009 at 9:00 AM. The Pursuant to the stipulation, and GOOD CAUSE appearing, IT IS SO ORDERED, Court advances the Motion for Leave to File a Fifth Amended Complaint (Docket Item No. 216) from November 9, 2009 to November 2, 2009. Dated: October 19, 2009 United States District Court Judge -2- STIPULATION AND [PROPOSED] ORDER RE RESCHEDULING NOV. 2 AND NOV. 9 MOTIONS HEARINGS AND NOV. 2 CASE MANAGEMENT CONFERENCE OHS

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