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COHEN v. U.S. DIST. COURT FOR N.D. OF CAL.

No. 09-70378.

586 F.3d 703 (2009)

In re Roberto COHEN, Petitioner, v. UNITED STATES DISTRICT COURT FOR the NORTHERN DISTRICT OF CALIFORNIA, Respondent, Lisa Miller, New Jersey Carpenters Pension and Annuity Fund, Douglas Depies, Patrick D. Jermyn, Alexander Politzer, Harmik Kazanchian, IBEW Local 640/Arizona Chapter NECA Pension Trust Fund, The Franks Group, City of Pontiac General Employees Retirement System, NVIDIA Corp., Jen-Hsun Huang and Marvin D. Burkett, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Filed November 5, 2009.

Attorney(s) appearing for the Case

David A.P. Brower, Brower Piven, A Professional Corporation, New York, NY, Michael F. Ram, Levy, Ram & Ollson LLP, San Francisco, CA and Kim E. Miller, Kahn Gauthier Swick, LLC, New York, NY, for the petitioner.

Jonathan K. Levine and Aaron M. Sheanin, Girard Gibbs LLP, San Francisco, CA, and Ralph Stone and Thomas G. Ciarlone, Jr., Shalov Stone Bonner & Rocco LLP, New York, NY, for Real Parties in Interest Lisa Miller and the Depies Group.

Before B. FLETCHER and ANDREW J. KLEINFELD, Circuit Judges, and KEVIN T. DUFFY, District Judge.

BETTY B. FLETCHER, Circuit Judge:

Petitioner Roberto Cohen petitions for a writ of mandamus vacating the district court's December 23, 2008, order to the extent that it appointed Girard Gibbs LLP as co-lead counsel and requiring the district court to appoint Kahn Gauthier Swick, LCC, as co-lead counsel. We grant the petition for a writ of mandamus in part and order the district court to vacate its order appointing Girard Gibbs LLP as co-lead counsel.

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