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Monica Granfield, Individually and On Behalf of All Others Similarly Situated v. Nvidia Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


April 24, 2012

MONICA GRANFIELD, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFF,
v.
NVIDIA CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. James Ware

ROBERT P. VARIAN (SBN 107459) EDWARD F. HABER (pro hac vice) Email: rvarian@orrick.com Email: ehaber@shulaw.com 2 JAMES N. KRAMER (SBN 154709) MICHELLE BLAUNER 3 Email: jkramer@orrick.com Email: mblauner@shulaw.com JUSTIN M. LICHTERMAN (SBN 225734) IAN J. McLOUGHLIN 4 Email: jlichterman@orrick.com Email: imcloughlin@shulaw.com ALEXANDER K. TALARIDES (SBN 268068) SHAPIRO HABER & URMY LLP 5 Email: atalarides@orrick.com 53 State Street ORRICK, HERRINGTON & SUTCLIFFE LLP Boston, MA 02109 6 The Orrick Building Telephone: (617) 439-3939 7 405 Howard Street Facsimile: (617) 439-0134 San Francisco, CA 94105-2669 8 Telephone: (415) 773-5700 ROBERT C. SCHUBERT (SBN 62684) Facsimile: (415) 773-5759 Email: rschubert@schubertlawfirm.com 9 JASON A. PIKLER (SBN 245722) Attorneys for Defendant Email: jpikler@schubertlawfirm.com 10 NVIDIA CORPORATION SCHUBERT JONCKHEER & KOLBE LLP 11 Three Embarcadero Center, Suite 1650 San Francisco, California 94111 12 Telephone: (415) 788-4220 Facsimile: (415) 788-0161 13 Attorneys for Plaintiff and the 14 Putative Class and Subclasses

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINES FOR RESPONSE AND REPLY BRIEFS REGARDING NVIDIA'S PENDING MOTION TO DISMISS [CIVIL LOCAL RULE 6-2]

Date: June 11, 2012 Time: 9:00 A.M.

Court: 9, 19th Floor

WHEREAS, pursuant to the Court's February 7, 2012 Order, the parties submitted a Joint Statement on March 2, 2012, to discuss the impact of Mazza v. American Honda Co., 666 F.3d 3 581 (9th Cir. 2012) on this case and submitted a stipulated schedule for the Court's approval 4 (Doc. No. 43); 5

WHEREAS the Court indicated in its subsequent Scheduling Order that the hearing for NVIDIA Corporation's ("NVIDIA") Motion to Dismiss Plaintiff's Second Amended Class 7 Action Complaint would be set for June 11, 2012, and that the "Motion shall be noticed and 8 briefed in accordance with the Civil Local Rules" (Doc. No. 44); 9

WHEREAS the Commentary to Civil Local Rule 7-2 provides: "The time periods set forth 10 in Civil L.R. 7-2 and 7-3 regarding notice, response and reply to motions are minimum time 11 periods. For complex motions, parties are encouraged to stipulate to or seek a Court order 12 establishing a longer notice period with correspondingly longer periods for response or reply"; 13

WHEREAS the parties believe the pending Motion to Dismiss is sufficiently complex to 14 justify an extension of the periods allowed under the Civil Local Rules for the filing of the 15 parties' opposition and reply briefs, and the parties believe that it would be difficult to prepare the 16 opposition and reply briefs within the minimum time allotments provided by Civil Local Rule 7-17 6 3; 18

WHEREAS the proposed extension of the briefing deadlines would not affect any other 19 deadlines in the case schedule or the scheduled hearing date*fn1 ;

Accordingly, IT IS HEREBY STIPULATED AND AGREED, by Plaintiff and Defendant, 21 through their counsel of record, that Plaintiff's deadline for filing its response to NVIDIA's 22 Motion to Dismiss shall be extended to May 11, 2012, and that NVIDIA's deadline for filing its 23 reply in support of its Motion shall be extended to May 25, 2012. 24 25 26 27

I, Jason Pikler, am the ECF user whose ID and password are being used to file this Stipulation 19 and [Proposed] Order Extending Deadlines for Response and Reply Briefs Regarding Nvidia's Motion to Dismiss. In compliance with General Order 45, X.B., I hereby attest that Edward Haber and Robert Varian have concurred in this filing.

PURSUANT TO STIPULATION, IT IS SO ORDERED. ES DIST I

I N IT IS SO ORDERED

THE HONORABLE JAMES WARE UNITED STATES DISTRICT COURT JUDGE


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