Nakash v. Nvidia Corporation

Filing 165

STIPULATION AND ORDER AS MODIFIED BY THE COURT to Extend Time to File Motion for Class Certification and Continue Hearing Date re 163 Stipulation. Motion Hearing set for 4/26/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Signed by Judge James Ware on 12/18/2009. (ecg, COURT STAFF) (Filed on 12/18/2009)

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

STIP TO EXTEND TIME TO FILE MTN FOR CLASS CERT. & CONTINUE HR'G DATE Case No. C 08-4312 JW
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On October 15, 2009, the parties filed a stipulation requesting for the Court to extend

2 the 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 motion 4 to dismiss which the Court would hear on October 19, 2009; (2) NVIDIA's motion to strike 5 class allegations which the Court would also hear on October 19, 2009; (3) the parties' 6 settlement conference set for December 16, 2009; and (4) Plaintiffs' anticipated motion to 7 compel production of certain documents that may bear on class certification issues. The Court 8 determined to extend the class certification briefing completion date to February 22, 2010 and 9 continue the hearing on the motion to March 22, 2010. Based on new circumstances in the 10 litigation set forth below, the parties request that the Court continue the briefing completion 11 date and hearing on class certification to April 2010. 12 Since the filing of the parties' October 15 stipulation, the Court ruled on NVIDIA's

13 motion to dismiss, upholding the majority of Plaintiffs' counts, dismissing two of Plaintiffs' 14 counts and granting leave to amend two of Plaintiffs' counts. The Court also ruled on

15 NVIDIA's motion to strike class allegations and denied the motion. Based on the Court's 16 order, Plaintiffs are preparing an amended complaint. NVIDIA may file a motion to dismiss 17 the amended complaint. 18 Also since the filing of the parties' prior stipulation, Plaintiffs filed a motion to compel

19 production of documents that implicated multi-party common interest and joint defense 20 privilege issues among NVIDIA and certain original equipment manufacturers ("OEMs"). 21 Magistrate Judge Lloyd granted Plaintiffs' motion on December 1, 2009, and NVIDIA is 22 producing the contested documents to Plaintiffs pursuant to Judge Lloyd's order. NVIDIA is 23 producing documents consisting of several hundred thousand pages to Plaintiffs on a rolling 24 basis pursuant to agreements between Plaintiffs and NVIDIA, and Plaintiffs are evaluating the 25 documents. Evaluation of the documents is taking a significant amount of time because the 26 production is voluminous and Plaintiffs are in the process of structuring a settlement demand. 27 28
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1 In addition, the parties are working toward structuring settlement negotiations in advance of the 2 December 16, 2009 mediation. 3 The parties believe it is beneficial to have a settled and operative complaint and a more

4 developed factual record, and to know the outcome of any subsequent motion to dismiss or the 5 parties' settlement efforts, before class certification is briefed. Further, the parties wish to 6 prevent the need to, and expense of, notifying the class twice in the event (a) a class is certified 7 requiring general notice, and (b) subsequent class notice if the case settles. If the mediation 8 process is successful then there will only be the expense of single class-wide settlement notice, 9 and class certification will likely not be contested. 10 For these reasons, the parties respectfully request that the Court extend completion of

11 class certification briefing to April 5, 2010 and continue the hearing to April 26, 2009. This 12 will ensure the briefing on class certification will be completed well in advance - over two 13 months - before the Preliminary Pretrial Conference, which is currently set for June 14, 2010. 14 IT IS STIPULATED AND AGREED, by and between Plaintiffs and NVIDIA, through

15 their counsel of record, subject to Court approval, that: 16 17 2010; 18 2. The current February 22, 2010 deadline for completion of briefing for class 1. All briefing on the motion for class certification shall be completed by April 5,

19 certification shall be vacated; and 20 3. The hearing date for the motion for class certification currently set for March 22,

21 2010 at 9:00 a.m. shall be vacated and a new hearing date for the motion for class certification 22 shall be scheduled for April 26, 2010 at 9:00 a.m., or a date convenient to the Court. 23 DATED: December 9, 2009 24 25 26 27 28
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MILBERG LLP JEFF S. WESTERMAN NICOLE M. DUCKETT /s/ Jeff S. Westerman JEFF S. WESTERMAN

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1 2 3 4 5 DATED: December 9, 2009 6 7 8 9 10 11 12 13

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

14 PURSUANT TO STIPULATION, IT IS SO ORDERED. 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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DATED:

December 18, 2009

JAMES WARE United States District Judge

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CERTIFICATE OF SERVICE I hereby certify that on December 9, 2009, I electronically filed the foregoing with the

3 Clerk of the Court by using the CM/ECF system. 4 Participants in the case who are registered CM/ECF users will be served by the

5 CM/ECF system. 6 I further certify that some of the participants in the case are not registered CM/ECF

7 users. I have mailed the foregoing document by First-Class Mail, postage prepaid to the non8 CM/ECF participants indicated on the attached Manual Notice List. 9 I certify under penalty of perjury that the foregoing is true and correct. Executed on

10 December 9, 2009. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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CECILLE CHAFFINS

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