Wozniak v. Align Technology Inc et al

Filing 62

ORDER EXTENDING LEAD PLAINTIFF'S TIME TO FILE THIRD AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE. The Case Management Conference, currently scheduled for July 20, 2012, is continued to October 26, 2012. Signed by Judge Maxine M. Chesney on February 16, 2012. (mmclc2, COURT STAFF) (Filed on 2/16/2012)

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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685856_1

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No. 3:09-cv-03671-MMC
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER
EXTENDING LEAD PLAINTIFF’S TIME TO
FILE THIRD AMENDED COMPLAINT
AND SETTING BRIEFING SCHEDULE

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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 submission;

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

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

16 Defendants;
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WHEREAS, on July 27, 2011, the Court entered an Order extending Defendants’ time to

18 respond to the Second Amended Complaint to September 7, 2011; lead plaintiff’s opposition to any
19 motion to dismiss to October 21, 2011; and Defendants’ reply thereto to November 21, 2011;
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WHEREAS, on September 7, 2011, Defendants filed a motion to dismiss the Second

21 Amended Complaint;
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WHEREAS, on October 14, 2011, the Court entered an Order extending lead plaintiff’s time

23 to oppose Defendants’ motion to dismiss the Second Amended Complaint to November 9, 2011 and
24 Defendants’ reply brief to December 21, 2011;
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WHEREAS, on November 9, 2011, lead plaintiff opposed Defendants’ motion to dismiss the

26 Second Amended Complaint;
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WHEREAS, on December 21, 2011, Defendants filed a reply brief in support of their motion

28 to dismiss the Second Amended Complaint;
685856_1

STIPULATION AND [PROPOSED] ORDER EXTENDING LEAD PLAINTIFF’S TIME TO FILE
THIRD AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE - 3:09-cv-03671-MMC

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WHEREAS, on February 3, 2012, the Court entered an Order granting Defendants’ motion to

2 dismiss the Second Amended Complaint with leave to amend, setting the filing deadline for the
3 Third Amended Complaint for March 2, 2012 and continuing the Case Management Conference
4 from April 13, 2012 to July 20, 2012; and
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WHEREAS, due to scheduling conflicts, lead plaintiff requests an extension from March 2,

6 2012 to March 15, 2012 to file the Third Amended Complaint, and Defendants do not oppose this
7 request. The parties also agree, subject to the Court’s approval, to the following briefing schedule for
8 Defendants’motion to dismiss the Third Amended Complaint: Defendants’ motion to dismiss shall be
9 filed on or before May 1, 2012; lead plaintiff’s opposition to Defendants’ motion to dismiss shall be
10 filed on or before June 15, 2012; and Defendants’ reply shall be filed on or before July 9, 2012.
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NOW, THEREFORE, with good cause showing, the parties, by and through their

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

Lead plaintiff’s Third Amended Complaint shall be filed on or before March 15, 2012;

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2.

Defendants’ motion to dismiss the Third Amended Complaint shall be filed on or

15 before May 1, 2012;
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3.

Lead plaintiff’s opposition to Defendants’ motion to dismiss shall be filed on or before

17 June 15, 2012;
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4.

Defendants’ reply brief shall be filed on or before July 9, 2012; and

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5.

The Case Management Conference currently scheduled for July 20, 2012 shall be

20 continued until after the motion to dismiss has been heard on a date that is convenient to the Court.
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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.

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685856_1

STIPULATION AND [PROPOSED] ORDER EXTENDING LEAD PLAINTIFF’S TIME TO FILE
THIRD AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE - 3:09-cv-03671-MMC

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1 DATED: February 15, 2012
2

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

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/s/ Sarah R. Holloway
SARAH R. HOLLOWAY

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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: February 15, 2012
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WILSON SONSINI GOODRICH & ROSATI,
P.C.
KATHERINE L. HENDERSON

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/s/ Katherine L. Herderson
KATHERINE L. HENDERSON
650 Page Mill Road
Palo Alto, CA 94304
Telephone: [phone]
650/493-6811 (fax)
Attorneys for Defendants Align Technology, Inc.
and Thomas M. Prescott

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685856_1

STIPULATION AND [PROPOSED] ORDER EXTENDING LEAD PLAINTIFF’S TIME TO FILE
THIRD AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE - 3:09-cv-03671-MMC

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I, Sarah R. Holloway, am the ECF User whose ID and password are being used to file this
Stipulation and [Proposed] Order Extending Lead Plaintiff’s Time to File Third Amended Complaint
2 and Setting Briefing Schedule. In compliance with General Order No. 45, X.B., I hereby attest that
Katherine L. Henderson has concurred in this filing.
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/s/ Sarah R. Holloway
SARAH R. HOLLOWAY

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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED, with the exception that the Case

9 Management Conference, currently scheduled for July 20, 2012, is hereby CONTINUED to October
10 26, 2012.
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February 16, 2012
12 DATED: _________________________
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______________________________________
THE HONORABLE MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE

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685856_1

STIPULATION AND [PROPOSED] ORDER EXTENDING LEAD PLAINTIFF’S TIME TO FILE
THIRD AMENDED COMPLAINT AND SETTING BRIEFING SCHEDULE - 3:09-cv-03671-MMC

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