Wozniak v. Align Technology Inc et al

Filing 21

ORDER APPROVING STIPULATION SETTING TIME FOR FILING AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO; CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from January 15, 2010 to September 10, 2010 at 10:30 a.m. Signed by Judge Maxine M. Chesney on December 2, 2009. (mmclc2, COURT STAFF) (Filed on 12/2/2009)

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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 SETTING TIME FOR FILING AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO AND CONTINUING CASE MANAGEMENT CONFERENCE

STIPULATION AND [PROPOSED] ORDER SETTING CONTINUING CASE MANAGEMENT CONFERENCE, C-09-03671-MMC
TIME FOR FILING AMENDED COMPLAINT AND DEFENDANTS' REPONSE THERETO AND

3835758_1.DOC

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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, on November 13, 2009, Plumbers and Pipefitters National Pension Fund was appointed lead plaintiff; WHEREAS, on November 13, 2009, the Court directed the parties to meet and confer and submit a stipulated schedule to the Court for approval before December 4, 2009; WHEREAS, the case management conference is currently scheduled before this Court on January 15, 2010 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. 12, 2010. 3. If defendants' response is a motion to dismiss, lead plaintiff's opposition shall be Lead plaintiff shall file an amended complaint on or before January 15, 2010. Defendants' response to the amended complaint shall be filed on or before March

filed on or before May 7, 2010, and defendants' reply thereto shall be filed on or before June 7, 2010. 4. The case management conference currently scheduled for January 15, 2010 at

10:30 a.m. shall be continued until September 10, 2010 at 10:30 a.m. or a date that is convenient for the Court.

The Parties respectfully request that the Court enter an order approving this stipulation.

STIPULATION AND [PROPOSED] ORDER SETTING CONTINUING CASE MANAGEMENT CONFERENCE, C-09-03671-MMC
TIME FOR FILING AMENDED COMPLAINT AND DEFENDANTS' REPONSE THERETO AND

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3835758_1.DOC

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Dated: November 24, 2009 Dated: November 24, 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 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 100 Pine St, Suite 2600 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone]

By:

/s/ Willow E. Radcliffe Willow E. Radcliffe

Attorneys for Lead Plaintiff

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED. The Case Management 21 Conference is continued to September 10, 2010, and the parties shall file a Joint Case Management Statement no later than September 3, 2010. 22 Dated: December 2, 2009 The Honorable Maxine M. Chesney 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER SETTING CONTINUING CASE MANAGEMENT CONFERENCE, C-09-03671-MMC
TIME FOR FILING AMENDED COMPLAINT AND DEFENDANTS' REPONSE THERETO AND

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3835758_1.DOC