Nakash v. Nvidia Corporation

Filing 63

ORDER FOLLOWING CASE MANAGEMENT CONFERENCE; ORDER RELATING CASE: The Court,sua sponte, orders Decker v. Hewlett Packard Co., C 09-0295 PVT, related to these actions. Related cases: Create association to 5:09-cv-00295-PVT. The Clerk of Court shall co nsolidate these actions such that the earlier filed action, C 08-04312 JW, is the lead case. All future filings, including the motions set forth below, shall be filed in C 08-04312 JW and bear the caption: The NVIDIA GPU Litigation." Deadline to file Brief re scope of consolidation/Motion for appointment of lead counsel due 3/2/2009, Deadline to file opposition to appointment of lead counsel due 3/6/2009, Deadline to file replies to appointment of lead counsel due 3/11/2009. Motion Hearing set for 3/16/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Amended Consolidated complaint due 5/6/2009, Interim Case Management Conference Statement due 5/8/2009, Further Case Management Conference set for 5/18/2009 10:00 AM. Please see Order for further specifics. Signed by Judge James Ware on 2/25/2009. (ecg, COURT STAFF) (Filed on 2/25/2009)

1 2 3 4 5 6 7 8 9 10 Steven Nakash, et al., Inicom Networks, Inc., Todd Feinstein, Jordan Cormier, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION / / / / NO. C 08-04312 JW NO. C 08-04332 JF NO. C 08-04596 RS NO. C 08-05082 HRL NO. C 08-05179 HRL NO. C 08-05217 PVT NO. C 08-05520 JF NO. C 08-05081 RMW NO. C 09-00260 JW NO. C 09-00295 PVT NO. C 09-00328 RMW ORDER FOLLOWING CASE MANAGEMENT CONFERENCE; ORDER RELATING CASE

United United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

National Business Officers Association, Inc., / Brent West, Louis Olivos, Milosz Sielicki, Katherine Decker, Tracy LeBlanc, Plaintiffs, / / / / /

v.

NVIDIA Corp., Hewlett Packard, Defendants. /

1 2 3 4 5 6 7 8 9 10

On February 23, 2009, the Court conducted a Case Management Conference concerning the above entitled related cases except for Leblanc v. Hewlett Packard, Co., C 09-0328 JW, which was related on February 20, 2009, and Decker v. Hewlett Packard Co., C 09-0295 PVT, which has not yet been related to these actions. Counsel for the respective parties were present. In light of the discussion at the conference, the Court orders as follows: (1) Based on the parties' representations and the Court's evaluation of the Complaint filed in Decker v. Hewlett Packard, the Court finds that Decker is related to all of the above entitled cases within the meaning of Civ. L.R. 3-12. Accordingly, the Court, sua sponte, orders Decker related to these actions. (2) While the Court favors consolidation of these cases, various Plaintiffs expressed a desire to brief the Court on whether consolidation should be for all purposes or only for pretrial coordination. The Court will give all parties an opportunity to brief this issue. However, to ease potential multiple filings in various dockets, the Court ORDERS these cases consolidated into one action and reserves a determination on the scope of consolidation until the completion of the briefings. The Clerk of Court shall consolidate these actions such that the earlier filed action, C 08-04312 JW, is the lead case. All future filings, including the motions set forth below, shall be filed in C 08-04312 JW and bear the caption: "The NVIDIA GPU Litigation." The Court will order the Clerk to administratively close all the other cases once it determines the scope of consolidation. (3) The Court sets the following schedule to advance this case: March 2, 2009 March 2, 2009 March 6, 2009 March 11, 2009

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Deadline to File Brief re: the Scope of Consolidation Deadline to File a Motion for Appointment of Interim Lead Counsel Deadline to File Oppositions to Motions for Appointment of Interim Lead Counsel Deadline to File Replies for Motions for Appointment of Interim Lead Counsel 2

1 2 3 4 5 6 7 8 9 10

Hearing on Motions for Appointment of Interim Lead Counsel Deadline to File Amended Consolidated Complaint Interim Case Management Conference Interim Case Management Conference Statement The Statement shall include, among other things, the parties' good faith discovery plan with a proposed date the close of all discovery.

March 16, 2009 at 9 a.m. May 6, 2009 May 18, 2009 at 10 a.m. May 8, 2009

Dated: February 25, 2009

JAMES WARE United States District Judge

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

1 2 3 4 5 6 7 8 9 10

THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Alan McQuarrie Mansfield [e-mail] Alreen Haeggquist [e-mail] Christopher C. Loeber [e-mail] Christopher Clinton Costello [e-mail] Elizabeth Rosenberg [e-mail] Gina M. Tufaro [e-mail] Helen I. Zeldes [e-mail] Howard Holderness [e-mail] Ira P. Rothken [e-mail] James Neil Kramer [e-mail] James E. Cecchi [e-mail] James C. Sturdevant [e-mail] James Neil Kramer [e-mail] James D. Baskin [e-mail] Jeff S. Westerman [e-mail] Jeffrey Jay Lederman [e-mail] Joe R. Whatley [e-mail] John Allen Lowther [e-mail] Jonathan Shub [e-mail] Joshua Daniel Watts [e-mail] Justin Myer Lichterman [e-mail] Kimball R. Anderson [e-mail] Krista M. Enns [e-mail] Meredith Ann Galto [e-mail] Michael J. Boni [e-mail] Monique Olivier [e-mail] Nicholas Koluncich [e-mail] Paul O. Paradis [e-mail] Paul R. Kiesel [e-mail] Peter G.A. Safirstein [e-mail] Robert P. Varian [e-mail] Robert A. Particelli [e-mail] Robert A. Particelli [e-mail] Sabrina S. Kim [e-mail] Seth Michael Cohen [e-mail] Stephen A. Weiss [e-mail] Whitney Huston [e-mail] William James Doyle [e-mail] Dated: February 25, 2009 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

11
For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28