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Copyright (c) 2001
Stanford Law School


NVIDIA Corporation
Summary: According to a law firm press release, a class action complaint was filed against NVIDIA and its to top officers for violations the Securities Exchange Act of 1934. Specifically, the complaint alleges that, during the Class Period, the defendants issued a series of misrepresentations and omissions that actively concealed and failed to disclose the unusually high failure rates of NVIDIA's mobile video adapters and the impact of these defects on the Company's financial condition and results and future business prospects. When the defendants belatedly revealed this information on July 2, 2008, NVIDIA's stock plummeted, and the Company's market capitalization was promptly reduced by over $3 billion.

On October 30, 2008, an order was entered by the court consolidating the actions with C08-4260 be the lead case.

On December 23, 2008, an Order Appointing Lead Plaintiffs, Co-Lead Counsel was entered by the court.

On February 3, 2009, a Notice Of Substitution Of Attorney And Notice Of Appearance was filed with the court.

On February 5, 2009, a Stipulation And [Proposed] Order Regarding Deadline For Filing Consolidated Complaint was submitted to the court.

On December 08, 2009, a Stipulation Pursuant To This Court’s November 20, 2009 Order Approving Selection Of Co-Lead Counsel For Lead Plaintiff Roberto Cohen, Lead Plaintiff New Jersey Carpenters Pension And Annuity Funds, And The Class was granted.

On January 22, 2010, an Amended Consolidated Class Action for Violations of Federal Securities Laws against the defendants was filed by the lead the plaintiff.

On March 08, 2010, the Court issued a proposed order granting the Defendants’ Motion to Dismiss the claims set forth in Plaintiffs’ Consolidated Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. Subsequently, the Plaintiffs’ Consolidated Amended Complaint is dismissed with prejudice.

On October 19, 2010, the defendants’ motion to dismiss was granted with leave to amend. The Plaintiffs were ordered to file any amended complaint within 30 days of the date of this order. Otherwise, the action will be dismissed with prejudice.

On December 02, 2011, a Second Consolidated Amended Class Action Complaint was filed after receiving leave to amend.

On October 12, 2011, the case was dismissed without leave to amend due to the plaintiffs’ failure to plead the element of scienter that is necessary to state a claim pursuant to section 10(b), Rule 10b-5, or section 20(a).

INDUSTRY CLASSIFICATION:
SIC Code: 3674
Sector: Technology
Industry: Semiconductors


COMPANY/ISSUER NAME: NVIDIA Corporation
COMPANY/ISSUER TICKER: NVDA
COMPANY WEBSITE: http://www.nvidia.com

FIRST IDENTIFIED COMPLAINT IN THE DATABASE
Miller, et al. v. NVIDIA Corporation, et al.
 COURT: N.D. California  DOCKET NUMBER: 08-CV-04260
 JUDGE NAME: Hon. James Ware
 DATE FILED: 09/09/2008  SOURCE: 
 CLASS PERIOD START: 11/08/2007  CLASS PERIOD END: 07/02/2008
 TYPE OF COMPLAINT: Complaint (Unamended and Unconsolidated)
 PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Girard Gibbs LLP (San Francisco)
      601 California Street, Suite 1400, San Francisco, CA, 94108
       (voice) 415.981.4800, (fax) 415.981.4846, mail@girardgibbs.com
  • Shalov Stone Bonner & Rocco LLP (New York)
      485 Seventh Avenue, Suite 1000, New York, NY, 10018
       (voice) 212.239.4340, (fax) 212.239.4310, lawyer@lawssb.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE FIRST IDENTIFIED COMPLAINT
    Class Action Complaint For Violations Of The Federal Securities Laws
    Type: Complaint Date on the document: 9/9/2008
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 9/17/2008
    Order Approving Stipulation To Relate And Consolidate Cases
    Type: Order of Consolidation Date on the document: 10/30/2008
    Order
    Type: Order of Consolidation Date on the document: 11/03/2008
    Certification Of Timothy J. Burke Pursuant To Local Rule 3-7(d)
    Type: Other Date on the document: 11/10/2008
    Corrected Proof Of Service Via U.S. Mail
    Type: Other Date on the document: 11/10/2008
    Declaration Of Timothy J. Burke In Support Of Motion By Harmik Kazanchian For Appointment Of Lead Plaintiff And Approving His Selection Of Lead Counsel Pursuant To Section 21D Of The Securities Exchange Act Of 1934
    Type: Declaration Date on the document: 11/10/2008
    Notice Of Motion And Motion By Harmik Kazanchian For Appointment Of Lead Plaintiff And Approving His Selection Of Lead Counsel Pursuant To Section 21D Of The Securities Exchange Act Of 1934; Memorandum Of Points And Authorities In Support Thereof
    Type: Motion Date on the document: 11/10/2008
    [Proposed] Order Granting Motion By Harmik Kazanchian For Appointment Of Lead Plaintiff And Approving His Selection Of Lead Counsel Pursuant To Section 21D Of The Securities Exchange Act Of 1934
    Type: Order Date on the document: 11/10/2008
    Harmik Kazanchian's Memorandum Of Points And Authorities In Opposition To Competing Motions For Appointment Of Lead Plaintiff And Approval Of Lead Counsel Pursuant To Section 21D Of The Securities Exchange Act Of 1934
    Type: Memorandum Date on the document: 12/01/2008
    The New Jersey Carpenters Pension And Annuity Funds' Memorandum In Opposition To The Competing Lead Plaintiff Motions
    Type: Memorandum Date on the document: 12/01/2008
    Reply Of Harmik Kazanchian In Support Of Motion For Appointment Of Lead Plaintiff And Approving His Selection Of Lead Counsel Pursuant To Section 21D Of The Securities Exchange Act Of 1934
    Type: Other Date on the document: 12/08/2008
    Order Appointing Lead Plaintiffs, Co-Lead Counsel
    Type: Order Appointing LP/LC Date on the document: 12/23/2008
    Notice Of Substitution Of Attorney And Notice Of Appearance
    Type: Notice Date on the document: 02/03/2009
    Stipulation And [Proposed] Order Regarding Deadline For Filing Consolidated Complaint
    Type: Other Date on the document: 02/05/2009
    Notice of Substitution of Attorney and Notice of Appearance
    Type: Notice Date on the document: 09/08/2009
    Stipulation Pursuant To This Court’s November 20, 2009 Order Approving Selection Of Co-Lead Counsel For Lead Plaintiff Roberto Cohen, Lead Plaintiff New Jersey Carpenters Pension And Annuity Funds, And The Class
    Type: Order Date on the document: 12/08/2009
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 12/16/2009

    REFERENCE COMPLAINT
    In re Nvidia Corporation Securities Litigation
     COURT: N.D. California  DOCKET NUMBER: 08-CV-04260
     JUDGE NAME: 
     DATE FILED: 01/22/2010  SOURCE: 
     CLASS PERIOD START: 11/08/2007  CLASS PERIOD END: 07/02/2008
     TYPE OF COMPLAINT: First Amended and Consolidated
     PLAINTIFF FIRMS NAMED IN COMPLAINT:
  • Kahn Swick & Foti, LLC (New Orleans)
      650 Poydras St. 2150, New Orleans, LA, 70130
       (voice) 504.455.1400, (fax) 504.455.1400,
  • Milberg LLP (New York)
      One Pennsylvania Plaza, 49th Floor, New York, NY, 10119
       (voice) 1.877.692.1965, (fax) , ContactUs@milberg.com
    _____________________________________________
     TOTAL NUMBER OF PLAINTIFF FIRMS:  2

  •  DOCUMENTS FOR THE REFERENCE COMPLAINT
    Consolidated Amended Class Action Complaint For Violations Of Federal Securities Laws - Jury Trial Demanded
    Type: Complaint Date on the document: 01/22/2010
    Proposed Order Granting Motion To Dismiss Consolidated Amended Class Action Complaint For Violations Of Federal Securities Laws
    Type: Order Date on the document: 03/08/2010
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 03/18/2010
    Order Granting Motion To Dismiss With Leave To Amend
    Type: Order Date on the document: 10/19/2010
    U.S. District Court Civil Docket
    Type: Docket Date on the document: 10/19/2010
    Second Consolidated Amended Class Action Complaint For Violations Of Federal Securities Laws
    Type: Complaint Date on the document: 12/02/2010
    Judgment
    Type: Summary Judgment Date on the document: 10/12/2011

     OTHER DOCUMENTS
    Class Action Complaint For Violations Of The Federal Securities Laws
    Case Name and/or Number: Patrick D. Jermyn, et al. vs. Nvidia Corporation, et al.
    Type: Complaint Date on the document: 9/16/2008
    Class Action Complaint For Violations Of The Federal Securities Laws
    Case Name and/or Number: Alexander Politz, et al. v. NVIDIA Corporation, et al.
    Type: Complaint Date on the document: 09/23/2008

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