Wozniak v. Align Technology Inc et al

Filing 17

ORDER CONTINUING NOVEMBER 20, 2009 CASE MANAGEMENT CONFERENCE TO JANUARY 15, 2010. A Joint Case Management Statement shall be filed no later than January 8, 2010. Signed by Judge Maxine M. Chesney on October 30, 2009. (mmclc2, COURT STAFF) (Filed on 10/30/2009)

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DOUGLAS J. CLARK, State Bar No. 171499 [e-mail] CAZ HASHEMI, State Bar No. 210239 [e-mail] KATHERINE L. HENDERSON, State Bar No. 242676 [e-mail] MOLLY A. ARICO, State Bar No. 260472 [e-mail] WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants ALIGN TECHNOLOGY, INC. AND THOMAS M. PRESCOTT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION CHARLES WOZNIAK, Individually and on Behalf of All Other Similarly Situated, Plaintiff, v. ALIGN TECHNOLOGY, INC. AND THOMAS M. PRESCOTT, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.: 3:09-cv-03671-MMC STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND AND CONTINUING CASE MANAGEMENT CONFERENCE

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND AND CONTINUING CASE MANAGEMENT CONFERENCE, C-09-03671-MMC

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WHEREAS, Plaintiff Charles Wozniak filed a Complaint against Defendants Align Technology, Inc. and Thomas M. Prescott on August 11, 2009 (the "Action"); WHEREAS, two motions to appoint lead plaintiff and lead counsel were filed in this Action on October 13, 2009; WHEREAS, Defendants Align Technology, Inc. and Thomas M. Prescott were served on October 19, 2009; WHEREAS, the hearing on the two motions to appoint lead plaintiff and lead counsel is currently scheduled before this Court on November 20, 2009 at 9:00 a.m.; WHEREAS, the undersigned parties anticipate that, following the appointment of Lead Plaintiff, an amended complaint will be filed; WHEREAS, the case management conference is currently scheduled before this Court on November 20, 2009 at 10:30 a.m.; NOW, THEREFORE, in the interest of judicial economy and good cause showing, the parties, by and through their undersigned counsel of record, hereby agree and stipulate, and the Court hereby orders, as follows: 1. 2. Defendants need not respond to the complaint filed August 11, 2009. After the appointment of a Lead Plaintiff and Lead Counsel, defendants and Lead

Plaintiff shall meet and confer to determine a schedule for the filing of an amended complaint, and defendants' response thereto. The parties will file a stipulated schedule for approval by the Court. 2. The case management conference currently scheduled for November 20, 2009 at

10:30 a.m. shall be continued until after the Court's ruling on defendants' motions to dismiss. The Parties respectfully request that the Court enter an Order approving this Stipulation.

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND AND CONTINUING CASE MANAGEMENT CONFERENCE, C-09-03671-MMC

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 23, 2009 Dated: October 23, 2009

Respectfully submitted, WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone]

By:

/s/ Katherine L. Henderson Katherine L. Henderson

Attorneys for Defendants Align Technology, Inc. and Thomas M. Prescott GLANCY BINKOW & GOLDBERG LLP 1801 Avenue of the Stars, Suite 311 Los Angeles, CA 90067 Telephone: [phone] Facsimile: [phone]

By:

/s/ Michael M. Goldberg Michael M. Goldberg

Attorneys for Plaintiff Charles Wozniak

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. The Case Management Conference is hereby CONTINUED to January 15, 2010. A Joint Case Management Statement shall be filed no later than January 8, 2010. Dated: October 29, 2009 United States District Judge

STIPULATION AND [PROPOSED] ORDER EXTENDING TIME TO RESPOND AND CONTINUING CASE MANAGEMENT CONFERENCE, C-09-03671-MMC

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