Nakash v. Nvidia Corporation

Filing 154

STIPULATION AND ORDER re 151 Stipulation filed by Nvidia Corporation. Signed by Magistrate Judge Howard R. Lloyd on 11/17/2009. (hrllc1, COURT STAFF) (Filed on 11/17/2009)

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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

** E-filed November 17, 2009 **

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case No. C 08-04312 JW The NVIDIA GPU Litigation STIPULATION REGARDING OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL

OHS West:260777496.1

STIPULATION REGARDING OPPOSITION TO PLAINTIFFS MOTION TO COMPEL C 08-04312 JW

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WHEREAS, this Court in its Order Granting Plaintiffs' Ex Parte Application to Shorten Time on Plaintiffs' Motion to Compel dated November 4, 2009 ("Order"), set a hearing on Plaintiffs' Motion to Compel (the "Motion") for December 2, 2009 at 10:00 a.m., and instructed any opposition to the Motion be served and filed by November 16, 2009 at 5:00 p.m. and any reply to an opposition be served and filed by November 23, 2009 at 5:00 p.m.; WHEREAS, non-parties Dell, Inc. and Hewlett-Packard Company ("HP") intend to file oppositions to the Motion; WHEREAS, because NVIDIA, Plaintiffs, Dell and HP continue to meet and confer on some of the issues the parties have agreed to extend the filing deadline for non-parties Dell and HP to file their respective oppositions to the Motion; WHEREAS, non-parties Dell and HP agree to provide additional privileged logs with their opposition; WHEREAS, the December 2, 2009 hearing date and all other deadlines set out in the 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 anticipated oppositions to the Motion by Dell and HP be filed on November 18, 2009 at 5:00 p.m.

Dated: November 16, 2009

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

/s/ Joshua D. Watts JOSHUA D. WATTS Attorneys for Defendant NVIDIA CORPORATION

OHS West:260777496.1

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STIPULATION REGARDING OPPOSITION TO PLAINTIFFS MOTION TO COMPEL C 08-04312 JW

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Dated: November 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

The filer attests that concurrence in the filing of the document has been obtained from each of the other signatories, or from the single signatory (in the case, e.g., of a declaration) which shall serve in lieu of their signature(s) on the document.

IT IS SO ORDERED: N ____ ber 17, 2009 DATE:___ovem___________________

HOWARDTED STATES DISTRICT JUDGE UNI R. LLOYD UNITED STATES MAGISTRATE JUDGE

OHS West:260777496.1

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STIPULATION REGARDING OPPOSITION TO PLAINTIFFS MOTION TO COMPEL C 08-04312 JW