Wozniak v. Align Technology Inc et al

Filing 23

ORDER EXTENDING TIME FOR FILING LEAD PLAINTIFF'S AMENDED COMPLAINT AND BRIEFING SCHEDULE ON MOTION TO DISMISS. Lead plaintiff shall file an amended complaint no later than January 29, 2010. Defendants shall file their motion to dismiss no later than March 26, 2010, plaintiff shall file his opposition no later than May 21, 2010, and defendants shall file their reply no later than June 21, 2010. Signed by Judge Maxine M. Chesney on January 8, 2010. (mmclc1, COURT STAFF) (Filed on 1/8/2010)

1 COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP 2 WILLOW E. RADCLIFFE (200087) SARAH R. HOLLOWAY (254134) 3 100 Pine Street, Suite 2600 San Francisco, CA 94111 4 Telephone: [phone] (fax) 5 [e-mail] [e-mail] 6 Lead Counsel for Plaintiff 7 [Additional counsel appear on signature page.] 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 CHARLES WOZNIAK, Individually and on Behalf of All Others Similarly Situated, 13 Plaintiff, 14 vs. 15 ALIGN TECHNOLOGY INC., et al., 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) No. 3:09-cv-03671-MMC CLASS ACTION STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR FILING LEAD PLAINTIFF'S AMENDED COMPLAINT AND BRIEFING SCHEDULE ON MOTION TO DISMISS

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WHEREAS, on November 24, 2009, the parties filed a stipulation (Docket No. 20) setting

2 forth proposed dates for the filing of lead plaintiff's amended complaint and the briefing schedule on 3 motion to dismiss, as follows: 4 5 1. 2. Lead plaintiff shall file an amended complaint no later than January 15, 2010; Defendants shall file their response to the amended complaint or motion to dismiss no

6 later than March 12, 2010; 7 8 2010; 9 4. Defendants shall file their reply in support of the motion to dismiss no later than June 3. Lead plaintiff shall file its opposition to the motion to dismiss no later than May 7,

10 7, 2010; and 11 12 5. The case management conference shall be continued until September 10, 2010.

WHEREAS, on December 2, 2009, this Court issued an order approving the above briefing

13 schedule and continuing the case management conference to September 10, 2010 (Docket No. 21). 14 WHEREAS, due to a scheduling conflict, lead plaintiff has requested and defendants have

15 agreed, subject to the approval of the Court, to extend the time for lead plaintiff to file its amended 16 complaint and adjust the briefing schedule on the motion to dismiss by two weeks, as follows: 17 18 19 1. 2. 3. Lead plaintiff shall file an amended complaint no later than January 29, 2010; Defendants shall file their motion to dismiss no later than March 26, 2010; Lead plaintiff shall file its opposition to the motion to dismiss no later than May 21,

20 2010; and 21 4. Defendants shall file their reply in support of the motion to dismiss no later than June

22 21, 2010. 23 WHEREAS, the proposed schedule will not cause undue delay and will not change the

24 September 10, 2010 case management conference date already established by the Court. 25 26 27 28
STIPULATION AND PROPOSED ORDER EXTENDING TIME FOR FILING LEAD PLAINTIFF'S AMENDED COMPLAINT AND BRIEFING SCHEDULE- 3:09-cv-03671-MMC

NOW THEREFORE, it is stipulated and agreed: 1. 2. Lead plaintiff shall file an amended complaint no later than January 29, 2010; Defendants shall file their motion to dismiss no later than March 26, 2010;

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Lead plaintiff shall file its opposition to the motion to dismiss no later than May 21,

2 2010; and 3 4. Defendants shall file their reply in support of the motion to dismiss no later than June

4 21, 2010. 5 DATED: January 07, 2010 6 7 8 9 10 11 12 Lead Counsel for Plaintiff 13 14 15 16 17 18 DATED: January 07, 2010 19 20 21 22 23 24 25 26 27 28
STIPULATION AND PROPOSED ORDER EXTENDING TIME FOR FILING LEAD PLAINTIFF'S AMENDED COMPLAINT AND BRIEFING SCHEDULE- 3:09-cv-03671-MMC

COUGHLIN STOIA GELLER RUDMAN & ROBBINS LLP WILLOW E. RADCLIFFE SARAH R. HOLLOWAY

/s/ Willow E. Radcliffe WILLOW E. RADCLIFFE 100 Pine Street, Suite 2600 San Francisco, CA 94111 Telephone: [phone] (fax)

O'DONOGHUE & O'DONOGHUE LLP LOUIS P. MALONE 4748 Wisconsin Avenue, N.W. Washington, DC 20016 Telephone: [phone] (fax) Additional Counsel for Plaintiff WILSON SONSINI GOODRICH & ROSATI, P.C. DOUGLAS J. CLARK CAZ HASHEMI KATHERINE L. HENDERSON MOLLY A. ARICO

/s/ Katherine L. Henderson KATHERINE L. HENDERSON 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: [phone] (fax) Attorneys for Defendants Align Technology, Inc. and Thomas M. Prescott

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I, Willow E. Radcliffe, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Extending Time For Filing Lead Plaintiff's Amended Complaint 2 and Briefing Schedule on Motion to Dismiss. In compliance with General Order 45, X.B., I hereby attest that Katherine L. Henderson has concurred in this filing. 3 1 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
STIPULATION AND PROPOSED ORDER EXTENDING TIME FOR FILING LEAD PLAINTIFF'S AMENDED COMPLAINT AND BRIEFING SCHEDULE- 3:09-cv-03671-MMC
S:\CasesSD\Align Technology\secy\S_O00063972 extend time.doc

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* ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED. January 8, 2010 DATED: _________________________ ____________________________________ THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

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