Brandt v. Nvidia Corporation, et al

Filing 35

ORDER by Judge Whyte granting in part and denying in part 15 Motion to Strike. (rmwlc2, COURT STAFF) (Filed on 9/29/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In re 3DFX INTERACTIVE, INC., a California Corporation, Debtor. WILLIAM A. BRANDT, JR. TRUSTEE, Plaintiff 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. William A. Brandt, the Chapter 11 Trustee on behalf of creditors of 3DFX Interactive, Inc., appealed from the Bankruptcy court's grant of summary judgment in favor of defendants nVidia Corporation, et al. ("nVidia"). The parties finished briefing the appeal on April 1, 2009 and the court heard argument on Wednesday, June 10, 2009. After the trustee filed his opening brief on appeal, nVidia moved to strike citations in the opening brief to material outside the record and to statements unsupported by citations to the record. The trustee opposed the motion to strike on the basis that the citations to material outside the record were inadvertent, and that the statements without citation were supported by the record. The trustee submitted a notice of errata with its opposition, and argued that nVidia has not been prejudiced.
ORDER GRANTING IN PART MOTION TO STRIKE--No. C-08-04634 RMW JAS

E-FILED on

09/29/09

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

No. C-08-04634 RMW

ORDER GRANTING IN PART MOTION TO STRIKE

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Because the parties agree that the trustee's brief cites material outside the record, the following citations are stricken from the trustee's opening brief: 5:18, citing Ex. 274(a), p. 49 10:1, citing Ex. 274(a), pp. 119:12-120:9 10:1, citing Ex. 274(a), pp. 120:19-121:22 27:20, citing Ex. 274(f), pp. 433:19-434:1 27:20, citing Ex. 274(f), p. 434:11-13 33:19, citing Ex. 274(a), pp. 61:24-62:7 However, the court denies nVidia's motion to strike the statements without citation (Trustee's Brief at 37:6-8 and 22:5-8). The court will consider them to the extent they are supported by the material cited in the trustee's opposition to the motion to strike.

DATED:

09/29/09

RONALD M. WHYTE United States District Judge

ORDER GRANTING IN PART MOTION TO STRIKE--No. C-08-04634 RMW JAS 2

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Notice of this document has been electronically sent to: Counsel for Plaintiff/Appellant: Monique Debrikka Jewett-Brewster Kim Y. Arnone Richard C. Darwin Counsel for Defendants/Appellee: Robert P. Varian Frederick D. Holden , Jr. James Neil Kramer Justin Myer Lichterman Karen Johnson-McKewaN Leah Anne Nutting Ruth Young Kwon Counsel for Creditor Robert Sullivan Gebhard [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] l [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

09/29/09

JAS Chambers of Judge Whyte

ORDER GRANTING IN PART MOTION TO STRIKE--No. C-08-04634 RMW JAS 3