Nakash v. Nvidia Corporation

Filing 116

STIPULATION AND ORDER AS MODIFIED to Continue Hearing from 9/28/2009 to 10/19/2009 re 113 Stipulation. All briefing shall be completed on or before September 28, 2009. Motion Hearing set for 10/19/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Please see Order for further specifics. Signed by Judge James Ware on 7/1/2009. (ecg, COURT STAFF) (Filed on 7/2/2009)

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ROBERT P. VARIAN (STATE BAR NO. 107459) [e-mail] JUSTIN M. LICHTERMAN (STATE BAR NO. 225734) [e-mail] JOSHUA D. WATTS (STATE BAR NO. 240977) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant NVIDIA CORPORATION

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Case No. C 08-04312 JW The NVIDIA GPU Litigation STIPULATION REGARDING HEARING DATE FOR RULE 12 MOTIONS

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STIPULATION REGARDING HEARING DATE FOR RULE 12 MOTIONS C 08-04312 JW

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WHEREAS, this Court in its Scheduling Order dated May 14, 2009 ("Scheduling Order"), set a hearing on anticipated Rule 12 motions for September 28, 2009 at 9 a.m., and instructed the parties to adhere to the briefing schedule as set forth in the Civil Local Rules of the Court; WHEREAS, continuing the September 28 hearing date for anticipated Rule 12 motion to October 5, 2009 at 9 a.m. would resolve two conflicts on the part of NVIDIA Corporation's ("NVIDIA's") counsel, and enable the Court to have more time to review the papers in advance of the hearing; WHEREAS, all other deadlines set out in the Scheduling Order would remain unaffected; IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and NVIDIA, through their counsel of record and Interim Lead Class Counsel for Plaintiffs, that the hearing date for anticipated Rule 12 motions currently set for September 28, 2009 at 9 a.m. be vacated and a new hearing date for anticipated Rule 12 motions be scheduled for October 5, 2009 at 9 a.m.

Dated: June 16, 2009

ROBERT P. VARIAN JUSTIN M. LICHTERMAN JOSHUA D. WATTS Orrick, Herrington & Sutcliffe LLP

/s/ Robert P. Varian ROBERT P. VARIAN Attorneys for Defendant NVIDIA CORPORATION Dated: June 16, 2009 JEFF S. WESTERMAN SABRINA S. KIM Millberg LLP

/s/ Jeff S. Westerman JEFF S. WESTERMAN Interim Lead Class Counsel for Plaintiffs and All Others Similarly Situated

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STIPULATION REGARDING HEARING DATE FOR RULE 12 MOTIONS C 08-04312 JW

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*** ORDER *** The filer attests that concurrence in the filing of the document has been obtained from The Court finds good cause to grant the parties' Stipulation to continue the hearing on each of the other signatories, or from the single signatory (in the case, e.g., of a declaration) Defendants' serve in lieuRule 12 motions. (s) on the document. October 5, 2009 calendar which shall anticipated of their signature However, the Court's cannot accommodate these motions. Accordingly, the hearing is set for October 19, 2009 at 9 a.m. In light of this change, the parties may Stipulate to a different briefing schedule, except IT IS SO ORDERED: that all briefing shall be completed on or before September 28, 2009. DATE:__________________________ UNITED STATES DISTRICT JUDGE Dated: July 1, 2009 __________________________ JAMES WARE United States District Judge

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STIPULATION REGARDING HEARING DATE FOR RULE 12 MOTIONS C 08-04312 JW