Wozniak v. Align Technology Inc et al

Filing 42

ORDER RE: STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE. The Case Management Conferenced scheduled for April 15, 2011 is vacated. Signed by Judge Maxine M. Chesney on 3/24/2011. (mmclc2, COURT STAFF) (Filed on 3/24/2011)

Wozniak v. Align Technology Inc et al

Doc. 42

1 ROBBINS GELLER RUDMAN & DOWD LLP 2 WILLOW E. RADCLIFFE (200087) SARAH R. HOLLOWAY (254134) 3 Post Montgomery Center One Montgomery Street, Suite 1800 4 San Francisco, CA 94104 Telephone: [phone] (fax) [e-mail] 6 [e-mail] 7 Lead Counsel for Plaintiff 8 [Additional counsel appear on signature page.] 9 10 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) ) ) ) ) ) No. 3:09-cv-03671-MMC CLASS ACTION STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

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

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Dockets.Justia.com

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WHEREAS, plaintiff Charles Wozniak filed a complaint against defendants Align

2 Technology, Inc. and Thomas M. Prescott on August 11, 2009; 3 WHEREAS, on November 13, 2009, Plumbers and Pipefitters National Pension Fund was

4 appointed as lead plaintiff; 5 WHEREAS, on December 2, 2009, the Court entered an Order setting a case management

6 conference for September 10, 2010, and on January 8, 2010, the Court entered an Order setting a 7 briefing schedule for defendants' motion to dismiss; 8 WHEREAS, lead plaintiff filed the Amended Complaint for Violations of Federal Securities

9 Laws ("Amended Complaint") against defendants Align Technology, Inc. and Thomas M. Prescott 10 on January 29, 2010; 11 12 13 14 WHEREAS, defendants moved to dismiss the Amended Complaint on March 26, 2010; WHEREAS, on May 21, 2010, lead plaintiff opposed defendants' motion to dismiss; WHEREAS, the Court took defendants' motion under submission on July 7, 2010; WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995 which governs

15 this action, discovery in this action is stayed during the pendency of a motion to dismiss (15 U.S.C. 16 78u-4(b)(3)(B)); 17 WHEREAS, on August 24, 2010, the Court entered an Order continuing the September 10,

18 2010 case management conference to December 10, 2010 at 10:30 a.m.; 19 WHEREAS, on November 19, 2010, the Court entered an Order continuing the December

20 10, 2010 case management conference to April 15, 2011 at 10:30 a.m.; 21 NOW, THEREFORE, in the interest of judicial economy and good cause showing, the

22 parties, by and through their undersigned counsel of record, hereby agree and stipulate that the case 23 management conference currently scheduled for April 15, 2010 at 10:30 a.m. be vacated until such 24 time as the Court has the opportunity to rule on defendants' motion to dismiss. 25 26 27 28
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STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE -

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The Parties respectfully request that the Court enter an Order approving this Stipulation. IT IS SO STIPULATED. ROBBINS GELLER RUDMAN & DOWD LLP WILLOW E. RADCLIFFE SARAH R. HOLLOWAY

3 DATED: March 23, 2011 4 5 6 7 8 9 10 11 12 13 14 15

s/ Willow E. Radcliffe WILLOW E. RADCLIFFE Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: [phone] (fax) Lead Counsel for Plaintiff O'DONOGHUE & O'DONOGHUE LLP LOUIS P. MALONE 4748 Wisconsin Avenue, N.W. Washington, DC 20016 Telephone: [phone] (fax) Additional Counsel for Plaintiff

16 DATED: March 23, 2011 17 18 19 20 21 22 23 24 25 26 27 28
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WILSON SONSINI GOODRICH & ROSATI KATHERINE L. HENDERSON

s/ Katherine L. Henderson KATHERINE L. HENDERSON 650 Page Mill Road Palo Alto, CA 94304 Telephone: [phone] (fax) Attorneys for Defendants Align Technology, Inc. and Thomas M. Prescott I, Willow E. Radcliffe, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with General Order No. 45, X.B., I hereby attest that Katherine L. Henderson has concurred in this filing. s/ Willow E. Radcliffe WILLOW E. RADCLIFFE
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE -

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*

* ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

March 24, 2011 5 DATED: _________________________
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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______________________________________ THE HONORABLE MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE -

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CERTIFICATE OF SERVICE I hereby certify that on March 23, 2011, I authorized the electronic filing of the foregoing

3 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to 4 the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I 5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List. 7 I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on March 23, 2011. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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s/ Willow E. Radcliffe WILLOW E. RADCLIFFE ROBBINS GELLER RUDMAN & DOWD LLP Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: [phone] (fax) E-mail:[e-mail]

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Mailing Information for a Case 3:09-cv-03671-MMC
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case. Molly Allison Arico [e-mail] Douglas John Clark [e-mail] Lionel Z. Glancy [e-mail] Michael M. Goldberg [e-mail] Caz Hashemi [e-mail],[e-mail],[e-mail] Katherine Leigh Henderson [e-mail],[e-mail],[e-mail] Sarah Renee Holloway [e-mail],[e-mail] Brian O. O'Mara bo'[e-mail],[e-mail],[e-mail] Willow E. Radcliffe [e-mail],[e-mail],[e-mail],[e-mail],[e-mail] Darren Jay Robbins [e-mail],[e-mail]

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3/23/2011