Nakash v. Nvidia Corporation

Filing 142

STIPULATION AND ORDER AS MODIFIED BY THE COURT TO EXTEND TIME TO FILE MOTION FOR CLASS CERTIFICATION AND CONTINUING HEARING DATE re 140 Stipulation. Although the parties may stipulate to a briefing schedule, all briefing shall be completed on or before 2/22/2010. Motion Hearing set for 3/22/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 10/22/2009. (ecg, COURT STAFF) (Filed on 10/22/2009)

1 MILBERG LLP JEFF S. WESTERMAN (SBN 94559) 2 [e-mail] SABRINA S. KIM (SBN 186242) 3 [e-mail] NICOLE M. DUCKETT (SBN 198168) 4 [e-mail] One California Plaza 5 300 S. Grand Avenue, Suite 3900 Los Angeles, CA 90071 6 Telephone: [phone] Facsimile: [phone] 7 MILBERG LLP 8 PETER SAFIRSTEIN [e-mail] 9 JENNIFER S. CZEISLER [e-mail] 10 ROLAND RIGGS [e-mail] 11 One Pennsylvania Plaza, 49th Floor New York, NY 10119 12 Telephone: [phone] Facsimile: [phone] 13 Interim Lead Class Counsel 14 [Additional Counsel on Signature Page] 15 16 17 18 19 THE NVIDIA GPU LITIGATION

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 08-4312 JW CLASS ACTION STIPULATION TO EXTEND TIME TO FILE MOTION FOR CLASS CERTIFICATION AND CONTINUE HEARING DATE

) ) ) 20 _____________________________________ ) ) 21 This Document Relates To: ) ) 22 ) ALL ACTIONS. ) 23 ) ) 24 ) ) 25 26 27 28

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On August 12, 2009, the parties filed a stipulation requesting that the Court extend the

2 briefing completion date on Plaintiffs' motion for class certification to March 8, 2010 and 3 continue the hearing on Plaintiffs' motion to March 22, 2010 in light of (1) NVIDIA's 4 anticipated motion to dismiss, set for hearing on October 19, 2009, which the parties believed 5 would result in adjudication of certain issues relevant to class certification, and (2) the parties' 6 intention to hold a settlement conference before the end of the year. The Court determined to 7 extend the class certification briefing completion date to January 5, 2010 and continue the 8 hearing on the motion to January 25, 2010. To meet the Court's briefing deadline, Plaintiffs 9 planned to file their class certification motion by October 23, 2009. 10 The parties requested and participated in a status and discovery conference with Judge

11 Lloyd and, based on new circumstances in the litigation set forth below, the parties request that 12 the Court revisit the parties' request to continue the briefing completion date and hearing on 13 class certification to March 2010. 14 Since the filing of the parties' August 12 stipulation, NVIDIA filed its motion to

15 dismiss, and briefing on the motion is completed. NVIDIA also filed a motion to strike class 16 allegations which Plaintiffs did not anticipate. NVIDIA's motion to dismiss challenges every 17 claim in Plaintiffs' Amended Consolidated Complaint ("ACC"). NVIDIA's motion to strike 18 seeks to strike all class allegations in the ACC. The Court's rulings on NVIDIA's motions may 19 affect class certification, class definition and the consideration of sub-classes. 20 Also since the filing of the parties' prior stipulation, the parties have set a date certain

21 for mediation and agreed upon and engaged a mediator. On December 15, 2009, NVIDIA is 22 mediating with its insurance carrier over a coverage dispute and, on December 16, 2009, the 23 parties will use the same mediator for this action. The parties wish to prevent the need to, and 24 expense of, notifying the class twice in the event (a) a class is certified requiring general notice, 25 and (b) subsequent class notice if the case settles. If the mediation process is successful then 26 there will only be the expense of single class-wide settlement notice, and class certification will 27 likely not be contested. 28
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Finally, the parties anticipate that, in light of the discovery received to date, there may

2 be additional factual matters beyond those identified in the ACC raised during the class 3 certification process. The parties therefore believe that factual issues may arise during class 4 certification in this case. As discussed with Magistrate Judge Lloyd, following extended efforts 5 to narrow issues, Plaintiffs anticipate filing a motion to compel production of certain 6 documents that implicate complex and multi-party common interest and joint defense privilege 7 issues in the next 1-2 weeks, and the implicated documents may bear on class certification 8 issues. Accordingly, the parties believe that additional discovery and a more developed factual 9 record would be useful before class certification is briefed and adjudicated. 10 For these reasons, the parties respectfully request that the Court revisit extending

11 completion of class certification briefing to March 8, 2010 and continue the hearing to March 12 2010. 13 IT IS STIPULATED AND AGREED, by and between Plaintiffs and NVIDIA, through

14 their counsel of record, subject to Court approval, that: 15 16 2010; 17 2. The current January 5, 2010 deadline for completion of briefing for class 1. All briefing on the motion for class certification shall be completed by March 8,

18 certification shall be vacated; and 19 3. The hearing date for the motion for class certification currently set for January

20 25, 2010 at 9:00 a.m. shall be vacated and a new hearing date for the motion for class 21 22 23 24 25 26 27 28
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1 certification shall be scheduled for March 22, 2010 at 9:00 a.m., or a date convenient to the 2 Court. 3 DATED: October 15, 2009 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PURSUANT TO STIPULATION, IT IS SO ORDERED Plaintiff's anticipated Motion for Class Certification is set for March 22, 2010 at 9 a.m. 22 DATED: October 22, 2009 Although the parties may stipulate to a briefing schedule, all briefing shall be completed on or JAMES WARE before February 22, 2010. 23 United States District Judge 24 25 26 27 28
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MILBERG LLP JEFF S. WESTERMAN NICOLE M. DUCKETT /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

DATED: October 15, 2009

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

Dated: October 22, 2009

______________________________ JAMES WARE United States District Judge

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