Nakash v. Nvidia Corporation

Filing 127

STIPULATION AND ORDER AS MODIFIED BY THE COURT to Extend Time to File Motion for Class Certification and Continue Hearing Date re 120 Stipulation. Close of Briefing on Anticipated Class Certification due 1/5/2010. Class Certification Motion Hearing set for 1/25/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 8/19/2009. (ecg, COURT STAFF) (Filed on 8/20/2009)

1 MILBERG LLP JEFF S. WESTERMAN (SBN 94559) S DISTRICT 2 [e-mail] TE C NICOLE M. DUCKETT (SBN 198168) TA 3 [e-mail] One California Plaza 4 300 S. Grand Avenue, Suite 3900 DERED SO OR ED Los Angeles, CA 90071 IT IS DIFI 5 Telephone: [phone] AS MO Facsimile: [phone] 6 re mes Wa MILBERG LLP Judge Ja 7 PETER SAFIRSTEIN [e-mail] ER 8 ROLAND RIGGS C N F [e-mail] D IS T IC T O R 9 One Pennsylvania Plaza, 49th Floor New York, NY 10119 10 Telephone: [phone] Facsimile: [phone] 11 Interim Lead Class Counsel 12 [Additional Counsel on Signature Page] 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 ) CLASS ACTION THE NVIDIA GPU LITIGATION ) 16 ) Case No. C 08-4312 JW 17 _____________________________________ ) ) STIPULATION TO EXTEND TIME TO ) FILE MOTION FOR CLASS 18 ) CERTIFICATION AND CONTINUE This Document Relates To: ) HEARING DATE 19 ) AND ORDER AS MODIFIED ) 20 ALL ACTIONS. ) ) 21 ) 22

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This Court, in its Scheduling Order dated May 14, 2009, set a hearing date on Plaintiffs'

2 anticipated motion for class certification for December 7, 2009 at 9:00 a.m., and instructed the 3 parties to meet and confer and determine a briefing schedule to be completed by November 16, 4 2009. In its Order dated July 1, 2009, the Court granted the parties' stipulation to continue the 5 hearing date for Defendant's anticipated motion to dismiss to October 19, 2009 at 9:00 a.m. The 6 parties have met and conferred with respect to the briefing schedules and, based on the reasons 7 set forth below, request that the Court continue the hearing on Plaintiffs' motion for class 8 certification until after the Court hears Defendant's motion to dismiss. The parties wish to 9 continue the hearing on Plaintiffs' motion for class certification from December 7, 2009 to 10 March 22, 2010. 11 The parties are in discussions regarding discovery, have exchanged information and

12 documents informally and have exchanged information and documents formally pursuant to 13 Fed.R.Civ.P. 26. Accordingly, the case will be well underway by the time of the hearing on 14 Defendant's motion to dismiss and, due to certain issues that will be adjudicated as part of the 15 motion to dismiss, the parties agree it is more efficient to brief class certification after the Court 16 has made its determinations with respect to the motion to dismiss. 17 Furthermore, pursuant to the Court's comments on settlement at the February 23, 2009

18 Case Management Conference, the parties have met and conferred regarding settlement and plan 19 to hold a formal settlement conference before the end of the year. The parties do not believe it is 20 necessary to decide class certification prior to that conference. The parties wish to prevent the 21 need to notify the class twice in the event of settlement. 22 In any event, the briefing on class certification will be completed well in advance - over

23 three months - before the Preliminary Pretrial Conference, which is currently set for June 14, 24 2010. Finally, all other deadlines set forth in the Scheduling Order will remain unaffected. 25 IT IS STIPULATED AND AGREED, by and between Plaintiffs and Defendant, through

26 their counsel of record, subject to Court approval, that: 27 28 1. All briefing on any motion to dismiss shall be completed by September 28, 2009;
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The hearing on Defendant's motion to dismiss remains set on October 19, 2009; All briefing on the motion for class certification shall be completed by March 8,

January 5, than November 16, 2009; and 3 2010, rather 2010; and 4 4. The hearing date for the motion for class certification currently set for December

5 7, 2009 at 9:00 a.m. shall be vacated and a new hearing date for the motion for class certification January 2010 at at 9 6 shall be scheduled for March 22,25, 2010 9:00 a.m. 7 DATED: August 12, 2009 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DATED: August 12, 2009 /s/ Jeff S. Westerman JEFF S. WESTERMAN One California Plaza 300 S. Grand Avenue, Suite 3900 Los Angeles, CA 90071 Telephone: [phone] Facsimile: [phone] Interim Lead Class Counsel ORRICK HERRINGTON & SUTCLIFFE LLP ROBERT P. VARIAN JAMES NEIL KRAMER JUSTIN MYER LICHTERMAN JOSHUA DANIEL WATTS /s/ Justin M. Lichterman JUSTIN M. LICHTERMAN 405 Howard Street San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Counsel for Defendant NVIDIA Corporation MILBERG LLP JEFF S. WESTERMAN NICOLE M. DUCKETT

24 PURSUANT TO STIPULATION, IT IS SO ORDERED AS MODIFIED. 25 DATED: August 19, 2009 26 27 28
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JAMES WARE United States District Judge

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