Wozniak v. Align Technology Inc et al

Filing 52

ORDER EXTENDING LEAD PLAINTIFF'S TIME TO RESPOND TO DEFENDANTS' MOTION TO DISMISS SECOND AMENDED COMPLAINT; SCHEDULING CASE MANAGEMENT CONFERENCE. Lead plaintiff's opposition to Defendant's motion to dismiss the SAC shall be filed on or before November 9, 2011. Defendants' reply brief shall be filed on or before December 21, 2011. The hearing on Defendants' motion to dismiss the SAC shall be moved from December 9, 2011 to January 13, 2012. Further, a Case Management Conference is hereby scheduled for April 13, 2012; a Joint Case Management Statement shall be filed no later than April 6, 2012. Signed by Judge Maxine M. Chesney on October 14, 2011. (mmclc2, COURT STAFF) (Filed on 10/14/2011)

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]
5 415/288-4534 (fax)
[e-mail]
6 [e-mail]
7 Lead Counsel for Plaintiff
8 [Additional counsel appear on signature page.]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

12 CHARLES WOZNIAK, Individually and on
Behalf of All Others Similarly Situated,
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Plaintiff,
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vs.
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ALIGN TECHNOLOGY, INC., et al.,
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Defendants.
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657230_1

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No. 3:09-cv-03671-MMC
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
EXTENDING LEAD PLAINTIFF’S TIME
TO RESPOND TO DEFENDANTS’
MOTION TO DISMISS SECOND
AMENDED COMPLAINT;
SCHEDULING CASE MANAGEMENT
CONFERENCE

1

WHEREAS, on August 11, 2009, plaintiff Charles Wozniak filed a complaint against

2 defendants Align Technology, Inc. and Thomas M. Prescott (collectively, the “Defendants”);
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WHEREAS, on November 13, 2009, Plumbers and Pipefitters National Pension Fund was

4 appointed as lead plaintiff;
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WHEREAS, on January 29, 2010, lead plaintiff filed an Amended Complaint for Violations

6 of Federal Securities Laws (the “Amended Complaint”) against Defendants;
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WHEREAS, on March 26, 2010, Defendants moved to dismiss the Amended Complaint;

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WHEREAS, on May 21, 2010, lead plaintiff opposed Defendants’ motion to dismiss;

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WHEREAS, on June 21, 2010, Defendants filed a reply brief in support of their motion to

10 dismiss;
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WHEREAS, on July 7, 2010, the Court took Defendants’ motion to dismiss under

12 submission;
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WHEREAS, on June 8, 2011, the Court entered an Order granting Defendants’ motion to

14 dismiss with leave to amend and setting the filing deadline for the Second Amended Complaint, if
15 any, to July 22, 2011;
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WHEREAS, on July 22, 2011, lead plaintiff filed a Second Amended Complaint for

17 Violations of Federal Securities Laws (the “SAC”) against Defendants;
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WHEREAS, on July 27, 2011, the Court entered an Order on briefing schedule setting

19 Defendants’ time to respond to the SAC to September 7, 2011; lead plaintiff’s opposition to any
20 motion to dismiss on or before October 21, 2011; and Defendants’ reply thereto to November 21,
21 2011;
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WHEREAS, on September 7, 2011, Defendants filed a motion to dismiss the SAC and

23 noticed a hearing on said motion for December 9, 2011; and
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WHEREAS, due to scheduling conflicts, lead plaintiff requests an extension from October

25 21, 2011 to November 9, 2011 to file its opposition brief, and Defendants do not oppose said
26 request. The parties also agree, subject to the Court’s approval, to reschedule the hearing on
27 Defendants’ motion to dismiss the SAC from December 9, 2011 to January 13, 2012, or a date
28 thereafter convenient to the Court.
657230_1

STIPULATION & [PROPOSED] ORDER EXTENDING LEAD PLAINTIFF’S TIME TO RESPOND TO
DEFENDANTS’ MOTION TO DISMISS SECOND AMENDED COMPLAINT - 3:09-cv-03671-MMC

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NOW, THEREFORE, with good cause showing, the parties, by and through their

2 undersigned counsel of record, hereby agree and stipulate, and the Court hereby orders, as follows:
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1.

Lead plaintiff’s opposition to Defendants’ motion to dismiss the SAC shall be filed

4 on or before November 9, 2011;
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2.

Defendants’ reply brief shall be filed on or before December 21, 2011; and

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3.

The hearing on Defendants’ motion to dismiss the SAC shall be moved from

7 December 9, 2011 to January 13, 2012 at 9:00 a.m.
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The parties respectfully request that the Court enter an Order approving this Stipulation.

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IT IS SO STIPULATED.

10 DATED: October 11, 2011
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ROBBINS GELLER RUDMAN
& DOWD LLP
WILLOW E. RADCLIFFE
SARAH R. HOLLOWAY

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/s/ Willow E. Radcliffe
WILLOW E. RADCLIFFE

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Post Montgomery Center
One Montgomery Street, Suite 1800
San Francisco, CA 94104
Telephone: [phone]
415/288-4534 (fax)

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Lead Counsel for Plaintiff

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O’DONOGHUE & O’DONOGHUE LLP
LOUIS P. MALONE
4748 Wisconsin Avenue, N.W.
Washington, DC 20016
Telephone: [phone]
202/362-2640 (fax)

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Additional Counsel for Plaintiff
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DATED: October 11, 2011
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WILSON SONSINI
GOODRICH & ROSATI, P.C.
KATHERINE L. HENDERSON

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/s/ Katherine L. Henderson
KATHERINE L. HENDERSON

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657230_1

STIPULATION & [PROPOSED] ORDER EXTENDING LEAD PLAINTIFF’S TIME TO RESPOND TO
DEFENDANTS’ MOTION TO DISMISS SECOND AMENDED COMPLAINT - 3:09-cv-03671-MMC

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650 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
650/493-6811 (fax)

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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
6 Stipulation and [Proposed] Order Extending Lead Plaintiff’s Time to Respond to Defendants’
Motion to Dismiss Second Amended Complaint. In compliance with General Order No. 45, X.B., I
7 hereby attest that Katherine L. Henderson has concurred in this filing.
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/s/ Willow E. Radcliffe
WILLOW E. RADCLIFFE

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ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.
14 FURTHER, a Case Management Conference is hereby SCHEDULED for April 13, 2012; a Joint
Case Management Statement shall be filed no later than April 6, 2012.
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October 14, 2011
DATED: _________________________ ______________________________________
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THE HONORABLE MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE
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657230_1

STIPULATION & [PROPOSED] ORDER EXTENDING LEAD PLAINTIFF’S TIME TO RESPOND TO
DEFENDANTS’ MOTION TO DISMISS SECOND AMENDED COMPLAINT - 3:09-cv-03671-MMC

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