Inicom Networks, Inc. v. Nividia Corporation et al

Filing 43

ORDER GRANTING MOTIONS TO RELATE CASES; SETTING CASE MANAGEMENT CONFERENCE re 42 Notice (Other). Related cases: Create association to 5:08-cv-04312-JW.Case Management Conference on 2/23/2009 at 10:00 AM for all the related cases On or before 2/13/2 009, the parties in all of the related actions shall file a single Joint Case Management. The Statement shall, among other things, set forth a schedule to advance this case, including a proposed schedule for consolidating the cases into one action an d for the appointment of Lead Plaintiffs and Lead Counsel. ***Until the actions are consolidated and further order of the Court, all documents shall be filed in each individual action.*** In light of this Order, the 3/2/2009 hearing on these motions are VACATED. Please see Order for further specifics. Signed by Judge James Ware on 12/30/2008. (ecg, COURT STAFF) (Filed on 12/30/2008) Modified on 12/31/2008 (cv, COURT STAFF).

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 ORDER GRANTING MOTIONS TO RELATE CASES; SETTING CASE MANAGEMENT CONFERENCE

United United States District Court

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For the Northern District of California

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National Business Officers Association, Inc., / Brent West, Louis Olivos, v. Plaintiffs, /

NVIDIA Corp., Defendant. /

Presently before the Court are Defendant's administrative motions to relate Nakash v. NVIDIA Corp., No. C 08-43121 to the following later-filed cases: (1) Inicom Networks, Inc. v.

Nakash was previously related to Feinstein v. NVIDIA Corp., No. C 08-04596. (See December 3, 2008 Order, hereafter, "December 3 Order," Docket Item No. 21.) In addition, Defendant moves to relate Sielick v. NVIDIA Corp., No. C 08-0802 SS (W.D. Texas). (See Docket Item No. 27.) The Court DENIES this motion as premature since the case has not yet been transferred to this district.

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NVIDIA Corp., No. C 08-04332 JF2; (2) Cormier v. NVIDIA Corp., No. C 08-05082 HRL3; (3) Nat'l Bus. Officers Assoc., Inc. v. NVIDIA Corp., No C 08-05179 HRL4; (4) West v. NVIDIA Corp., No. C 08-05217 PVT5; (5) Olivos v. NVIDIA Corp., et al., C 08-05520 JF.6 On December 3, 2008, the Court granted Defendant's motion to relate Nakash and Feinstein. (December 3 Order at 2.) The Court also denied, without prejudice to be renewed, Defendant's motions to relate Nat'l Bus. Officers, Inicom and Cormier, and to consolidate Nakash and Feinstein with Inicom and transfer the consolidated action to Judge Fogel. (Id.) Defendant has now renewed its motions and Plaintiffs have joined in these motions.7 Civil Local Rule 3-12(a) provides that an action is related to another when: (1) (2) The actions concern substantially the same parties, property, transaction or event; and It appears that there will be an unduly burdensome duplication of labor and expense or conflicting results if the cases are conducted before different judges. Upon review, the Court finds that Defendant has made a sufficient showing to establish that each of the later-filed cases are substantially related under Local Rule 3-12(a). Since Nakash is the firstfiled action, the cases are properly related to the Nakash action. Accordingly, the Court GRANTS Defendant's various Motions to Relate. Currently, Nakash and Feinstein are scheduled for a Case Management Conference on January 26, 2009. In light of this Order, the Court VACATES the January 26, 2009 Case Management Conference and sets a Case Management Conference on February 23, 2009 at 10

United States District Court

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For the Northern District of California

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(See Docket Item No. 26.) (See Docket Item No. 25.) (See Docket Item No. 24.) (See Docket Item No. 23.) (See Docket item No. 31.)

(See Docket Item No. 34.) The Court DENIES Plaintiffs' Motion to Consolidate and Appoint Lead Plaintiff and Lead Counsel as premature. 2

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a.m. for all the related cases.8 On or before February 13, 2009, the parties in all of the related actions shall file a single Joint Case Management. The Statement shall, among other things, set forth a schedule to advance this case, including a proposed schedule for consolidating the cases into one action and for the appointment of Lead Plaintiffs and Lead Counsel. Until the actions are consolidated and further order of the Court, all documents shall be filed in each individual action. In light of this Order, the March 2, 2009 hearing on these motions are VACATED.

Dated: December 30, 2008

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Joshua Daniel Watts [e-mail] Justin Myer Lichterman [e-mail] Paul R. Kiesel [e-mail] Robert P. Varian [e-mail] Dated: December 30, 2008 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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