Brandt v. Nvidia Corporation, et al

Filing 29

STIPULATION AND ORDER 27 that Hearing Date for Nvidia's Motion to Strike Improper Material in Trustee's Opening Brief be Taken Off Calendar. The Matter Will be Submitted on the Papers Without Oral Argument. Signed by Judge Ronald M. Whyte on 4/9/09. (jg, COURT STAFF) (Filed on 4/9/2009)

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ROBERT P. VARIAN (SBN 107459) [e-mail] m KAREN G. JOHNSON-MCKEWAN (SBN 121570) [e-mail] JAMES N. KRAMER (SBN 154709) [e-mail] JUSTIN M. LICHTERMAN (SBN 225734) [e-mail] m RUTH Y. KWON (SBN 232569) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP The Orrick Building 405 Howard Street San Francisco, CA 94105-2669 Telephone: [phone] Facsimile: 415-773-5759 Attorneys for Defendants-Respondents NVIDIA CORPORATION and NVIDIA US INVESTMENT COMPANY

*E-FILED - 4/9/09*

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

In re 3DFX INTERACTIVE, INC., a California corporation, Debtor. WILLIAM A. BRANDT, JR., TRUSTEE, Plaint iff and Appellant, v. NVIDIA CORPORATION, a Delaware corporation, and NVIDIA US INVESTMENT COMPANY, f/k/a TITAN ACQUISITION CORP. NO. 2, a Delaware corporation, Defendants and Respondents.

Case No. CV 08-04634 RMW STIPULATION AND [] ORDER THAT HEARING DATE FOR NVIDIA'S MOTION TO STRIKE IMPROPER MATERIAL IN TRUSTEE'S OPENING BRIEF BE TAKEN OFF CALENDAR Bankruptcy Case No.: 02-55795 Adversary Proceeding No.: 03-05079 Date: Time: Dept.: Judge: April 10, 2009 9:00 a.m. Courtroom 6, 4th Floor Hon. Ronald Whyte

OHS West:260637986.1

STIPULATION AND [] ORDER THAT HEARING DATE FOR NVIDIA'S MOTION TO STRIKE BE TAKEN OFF CALENDAR

CV 08-04634 RMW

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WHEREAS on January 9, 2009, Plaintiff and Appellant William A. Brandt, Jr. filed the Trustee's Opening Brief on appeal from a judgment entered after trial by the United States Bankruptcy Court on September 11, 2008; WHEREAS on February 27, 2009, Defendants and Respondents NVIDIA Corporation and NVIDIA US Investment Company filed a Motion to Strike Improper Material in Trustee's Opening Brief , and set the motion for hearing on April 10, 2009, at 9:00 a.m. WHEREAS the parties agree that the motion is appropriate for decision on the papers, and no hearing is necessary. NOW THEREFORE the parties hereby stipulate and agree that the hearing date shall be taken off calendar and that the Court may decide the motion on the submissions of the parties. SO STIPULATED. Dated: April 2, 2009 By: /s/ Justin M. Lichterman Just in M. Lichterman

ORRICK HERRINGTON & SUTCLIFFE LLP

Counsel for the NVIDIA Respondents I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this efiled document Dated: April 2, 2009 By: /s/ Kim Y. Arnone Kim Y. Arnone
BUCHALTER NEMER

Counsel for Chapter 11 Trustee William A. Brandt, Jr. ORDER Pursuant to the stipulation, and GOOD CAUSE appearing therefore, the Court hereby orders that the hearing on NVIDIA's Motion to Strike Improper Material in Trustee's Opening Brief shall be taken off calendar, and the motion shall be decided on the papers. IT IS SO ORDERED.

4/9 Dated: __________, 2009
United States District Court Judge
OHS West:260637986.1

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STIPULATION AND [] ORDER THAT HEARING DATE FOR NVIDIA'S MOTION TO STRIKE BE TAKEN OFF CALENDAR

CV 08-04634 RMW