Usdc-Casj

FACTS AND PROCEDURAL BACKGROUND

This case presents the issue of whether the district court has authority to select lead counsel under the Private Securities Litigation Reform Act of 1995 (“PSLRA”), 15 U.S.C. § 78u- 4.

The underlying litigation is a consolidated putative securi- ties fraud class action brought by investors who purchased NVIDIA Corporation securities between November 8, 2007 and July 2, 2008. In September of 2008, Lisa Miller filed the first putative securities fraud class action against NVIDIA, which the district court consolidated with two other actions. The Complaint alleges, among other things, that NVIDIA fraudulently concealed from investors the use of flawed mate- rials and processes in producing certain products, and that the stock price substantially declined following the disclosure of these facts. 14914 COHEN v. UNITED STATES DISTRICT COURT Following consolidation, seven purported class members or groups of class members filed motions to be appointed lead plaintiff and for approval of their choice of lead counsel. Among these were Roberto Cohen, who selected Kahn Gau- thier Swick, LLC (“KGS”) as his choice for lead counsel; New Jersey Carpenters…