Nakash v. Nvidia Corporation

Filing 170

STIPULATION AND ORDER REGARDING NVIDIA'S RESPONSE TO SECOND AMENDED CONSOLIDATED COMPLAINT re 166 Stipulation. Signed by Judge James Ware on 2/3/2010. (ecg, COURT STAFF) (Filed on 2/3/2010)

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ROBERT P. VARIAN (STATE BAR NO. 107459) [e-mail] JAMES N. KRAMER (STATE BAR NO. 154709) [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 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

Case No. C 08-04312 JW The NVIDIA GPU Litigation STIPULATION REGARDING NVIDIA'S RESPONSE TO SECOND AMENDED CONSOLIDATED COMPLAINT

OHS West:260802971.1

STIPULATION REGARDING NVIDIA'S RESPONSE TO SECOND AMENDED CONSOLIDATED COMPLAINT C 08-04312 JW

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WHEREAS, this Court in its Order Granting In Part and Denying In Part Defendant's Motion to Dismiss dated November 19, 2009 directed Plaintiffs to file their Second Amended Consolidated Complaint on or before December 14, 2009; WHEREAS, Plaintiffs filed the Second Amended Consolidated Complaint on December 14, 2009; WHEREAS, NVIDIA Corporation's ("NVIDIA's") response to the Second Amended Consolidated Complaint must currently be filed by December 31, 2009; WHEREAS, the parties are actively engaged in mediation as a possible resolution to this action and participated in their first mediation session on December 16, 2009; WHEREAS, the parties currently have scheduled on January 8, 2009 a follow-up call with their mediator, the Honorable Layn R. Philips (Ret.), in order to further such discussions; WHEREAS, in light of the holiday season, NVIDIA has scheduling issues which impact its ability to respond to the Second Amended Consolidated Complaint by December 31, 2009; WHEREAS, an extension until January 15, 2010 for NVIDIA's response to the Second Amended Consolidated Complaint would allow the parties further opportunities to explore mediation as a means of resolving this action before responding to the Second Amended Consolidated Complaint; and 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 NVIDIA may respond to the Second Amended Consolidated Complaint by January 15, 2010.

Dated: December 30, 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
STIPULATION REGARDING NVIDIA'S RESPONSE TO SECOND AMENDED CONSOLIDATED COMPLAINT C 08-04312 JW

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Dated: December 30, 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: DATE:__Februar___2010_____________ _____ y 3, ___

UNITED STATES DISTRICT JUDGE

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STIPULATION REGARDING NVIDIA'S RESPONSE TO SECOND AMENDED CONSOLIDATED COMPLAINT C 08-04312 JW