United States District Court, D. Arizona
In re NVIDIA CORPORATION SECURITIES LITIGATION This Document Relates to: ALL ACTIONS
COOLEY
LLP JOHN C. DWYER (136533), PATRICK E. GIBBS (183174), CLAIRE
A. MCCORMACK (241806), BRETT H. DE JARNETTE (292919), EMILY
B. HARRINGTON (319657) Attorneys for Defendants NVIDIA
CORPORATION, JENSEN HUANG, and COLETTE KRESS
ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION
TO RELATE AND CONSOLIDATE CASES AND TO APPOINT CO-LEAD
COUNSEL [CIVIL L.R. 3-12(B) AND 7-11]
HON.
HAY WOOD S. GILLIAM, JR. UNITED STATES DISTRICT COURT JUDGE
Having
considered the administrative motion of Defendants under
Civil L.R. 3-12 and Federal Rule of Civil Procedure 42(a),
the Court enters the following order:
1. The
following three derivative actions (the “Derivative
Actions”):
Abbreviated Case Name
|
Case Number
|
Date Filed in N.D. Cal.
|
Current Assignment
|
Han v. Huang, et al. (the “Han Action”)
|
3:19-cv-00341
|
Jan. 18, 2019
|
Hon. William H. Orrick
|
Yang v. Huang, et al. (the “Yang Action”)
|
3:19-cv-00766
|
Feb. 12, 2019
|
Hon. Jon S. Tigar
|
The Booth Family Trust v. Huang, et al. (the
“Booth Action”)
|
3:19-cv-00876
|
Feb. 19, 2019
|
Hon. Elizabeth D. Laporte
|
and the
consolidated securities class action, In Re NVIDIA
Corporation Securities Litigation, Case. No.
4:18-cv-07669-HSG, (the “Consolidated Class
Action”), currently pending before the Hon. Haywood S.
Gilliam, Jr., involve substantially similar parties and
events; conducting them before different judges would create
the risk of potentially unduly burdensome duplication of
labor and expenses and inconsistent results. Accordingly, the
Derivative Actions are hereby related to the Consolidated
Class Action and reassigned to the Hon. Haywood S. Gilliam,
Jr.
2. Each
of the Derivative Actions also involve substantially similar
parties and events and there is a risk of unnecessary
duplication of labor and expenses or conflicting results if
they were to be conducted separately before different judges.
Accordingly, the Derivative Actions are also hereby related
to each other.
3. The
Derivative Actions involve a common question of law and fact.
Pursuant to Federal Rule of Civil Procedure 42(a), the
Derivative Actions are hereby consolidated with each other
for all purposes, including pre-trial proceedings and trial,
under Case No. 3:19-cv-00341, which shall serve as the lead
case (the “Consolidated Derivative Action”).
4. The
Consolidated Derivative Action shall not be consolidated with
the Consolidated Class Action.
5.
Every pleading filed in the Consolidated Derivative Action
shall bear the following caption:
Case
No. 4:19-cv-00341 Judge: Hon. Haywood S. Gilliam, Jr.
Courtroom: 2 Related Case No. 4:18-cv-07669-HSG 6. All papers
filed in connection with the Consolidated Derivative Action
will be maintained in one file under Lead Case 4:19-cv-00341.
7.
Co-Lead Counsel for Plaintiffs for the conduct of the
Consolidated Derivative Action shall be:
THE ROSEN LAW FIRM, P.A.
Laurence M. Rosen 355 South Grand Avenue, Suite 2450 Los
Angeles, CA 90071 Telephone: (213) 785-2610 Facsimile: (213)
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