Nakash v. Nvidia Corporation

Filing 235

TIPULATION AND ORDER SETTING HEARING FOR PRELIMINARY APPROVAL OF CLASS SETTLEMENT re 234 Stipulation. Motion Hearing for Preliminary Approval set for 8/30/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Motion Hearing for Final Approval set for 11/22/2010 09:00 AM in Courtroom 8, 4th Floor, San Jose. Motions terminated: 223 MOTION To Submit Supplemental Recent Authority DEFENDANT NVIDIA CORPORATION'S MOTION FOR ADMINISTRATIVE RELIEF PURSUANT TO CIVIL LOCAL RULE 7-11 TO SUBMIT SUPP LEMENTAL RECENT AUTHORITY; MEMORANDUM OF POINTS AND AUTHORITIES filed by Nvidia Corporation, 168 MOTION to Dismiss COUNTS II, III AND VI OF PLAINTIFFS' SECOND AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Nvidia Corporation, 177 MOTION to Certify Class and Appointment of Class Counsel filed by Todd Feinstein, Lance Waidzunas. Please see Order for further specifics. Signed by Judge James Ware on 7/19/2010. (ecg, COURT STAFF) (Filed on 7/19/2010)

"The NVIDIA GPU Litigation"

Doc. 235

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] S DISTRICT One California Plaza TE C TA 5 300 S. Grand Avenue, Suite 3900 Los Angeles, CA 90071 6 Telephone: [phone] DERED Facsimile: [phone] SO OR ED IT IS 7 DIFI MILBERG LLP AS MO 8 PETER SAFIRSTEIN [e-mail] re mes Wa 9 JENNIFER S. CZEISLER Judge Ja [e-mail] 10 ROLAND RIGGS ER C [e-mail] N F 11 One Pennsylvania Plaza, 49th Floor D IS T IC T O R New York, NY 10119 12 Telephone: [phone] Facsimile: [phone] 13 Counsel for Plaintiff Todd Feinstein and Interim Lead Class Counsel 14 [Additional Counsel on Signature Page] 15

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Case No. C 08-4312 JW CLASS ACTION STIPULATION ANDHEARING FOR ORDER SETTING PROPOSED ORDER REGARDING SETTLEMENT OF PRELIMINARY APPROVAL CLASS SETTLEMENT JUDGE: Hon. James Ware MEDIATOR: Hon. Layn Phillips (ret.)

19 THE NVIDIA GPU LITIGATION

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

STIPULATION AND PROPOSED ORDER REGARDING SETTLEMENT Case No. C 08-4312 JW
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On July 16, IN THE parties notified the Court that AND ALL PARTIES has reached a 1 TO THE CLERK 2010, theABOVE-ENTITLED COURT the above entitled caseHEREIN AND 2 THEIR COUNSEL OF RECORD: Based on the parties' representation, the Court VACATES settlement. (Docket Item No. 234.) PLEASE TAKE NOTICE that on Sunday, July 11, 2010 Plaintiffs and Defendant all trial and pretrial dates and ORDERS all pending Motions terminated as moot. (Docket Item 4 NVIDIA Corporation participated in further mediation with the Hon. Layn Phillips (ret.), and Nos. 168, 177, 223.) The Court sets the following schedule for Preliminary Approval of Class 5 reached a settlement in principle in the above-captioned matter. Although the parties continue to Settlement: 6 discuss and finalize the specifics of the agreement, the parties are working cooperatively in a 3 effort August 30, 2010 at 9 a.m., the dates to conduct a hearing on Preliminary 7 joint (1) Onto achieve the following targetCourt will memorialize the terms of the settlement 8 agreementof Class Settlement. Approval and complete all associated settlement documents: 1. August 13, 2010 ­ Preliminary approval briefs filed and CAFA notice package goes (2) On or before August 16, 2010, the parties shall file their Joint Motion for Preliminary 10 out to Attorney General; Approval with a Proposed Order. The Proposed Order shall set forth all relevant deadlines post 2. August 13 ­ September 7, 2010 ­ Target date range for preliminary approval by the 11 preliminary approval hearing, including the Final Approval hearing date. 12 Court; 9 13 (3) The Court will conduct Deadline for disseminating notice. Class Settlement for a 33 day 3. September 15, 2010 ­ a hearing on the Final Approval of Notice provides on

14 period for objection/opt-outs; November 22, 2010 at 9 a.m. 15 16 17 18 4. October 18, 2010 ­ Deadline for objections and opt-outs; Dated: 5. October 30, 2010 ­ Reply brief to objections due; July 19, 2010 __________________________ JAMES WARE 6. November 22, 2010 ­ Final approval hearing. District Judge United States Counsel wish to have a status conference call with the Court, or Deputy Clerk to discuss

19 preliminary approval timing with the Court and its impact on the particular terms of this 20 proposed settlement. 21 IT IS STIPULATED AND AGREED, by and between Plaintiffs and NVIDIA, through

22 their counsel of record, that the above schedule be adopted by the Court. 23 DATED: July 16, 2010 24 25 26 27 28
STIPULATION AND PROPOSED ORDER REGARDING SETTLEMENT Case No. C 08-4312 JW
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MILBERG LLP JEFF S. WESTERMAN SABRINA S. KIM NICOLE M. DUCKETT /s/ Jeff S. Westerman JEFF S. WESTERMAN

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