Cement Masons & Plasterers Joint Pension Trust

Filing 10

STIPULATION AND ORDER EXTENDING TIME FOR ALL DEFENDANTS TO RESPOND TO COMPLAINT. Signed by Judge Samuel Conti on 4/21/11. (tdm, COURT STAFF) (Filed on 4/22/2011)

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KEVIN P. MUCK (CSB No. 120918)
[e-mail]
CATHERINE KEVANE (CSB No. 215501)
[e-mail]
MARIE C. BAFUS (CSB No. 258417)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: [phone]
Facsimile:
[phone]
Attorneys for Defendants
Equinix, Inc., Stephen M. Smith and Keith D. Taylor

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ATTORNEYS AT LAW
MOUNTAIN VIEW

F ENWICK & W EST LLP

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CEMENT MASONS & PLASTERERS
JOINT PENSION TRUST, Individually and
on Behalf of All Others Similarly Situated,

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Plaintiff,
vs.
EQUINIX, INC., STEPHEN M. SMITH and
KEITH D. TAYLOR,

Case No. 11-CV-01016-SC
CLASS ACTION
STIPULATION EXTENDING TIME
FOR ALL DEFENDANTS TO RESPOND
TO COMPLAINT
[Civil Local Rule 6-1(a)]

Defendants.

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WHEREAS, the above-captioned action is alleged to be a class action asserting violations

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of the federal securities laws against Defendants Equinix, Inc., Stephen M. Smith and Keith D.

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Taylor (collectively, “Defendants”);

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WHEREAS, the above-captioned action is subject to the requirements of the Private

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Securities Litigation Reform Act of 1995 (the “Reform Act”), which sets forth specialized

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procedures for the administration of securities class actions;

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STIPULATION EXTENDING TIME FOR
ALL DEFENDANTS TO RESPOND

CASE NO. 11-CV-01016-SC

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WHEREAS, the Reform Act provides for, among other things, the appointment of a lead
plaintiff to act on behalf of the alleged class, pursuant to 15 U.S.C. § 78u-4(3)(B);
WHEREAS, the parties expect that motions for appointment of a lead plaintiff and lead
counsel will be filed by May 3, 2011;
WHEREAS, Defendants intend to file motions to dismiss the claims asserted against
them; and
WHEREAS, because the special procedures specified in the Reform Act contemplate

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appointment of lead plaintiff and lead counsel, and because the lead plaintiff and lead counsel

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appointed by the Court should have the opportunity to file an amended complaint, requiring

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Defendants to respond to the initial complaint in the above-referenced action would serve no

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purpose and would result in the needless expenditure of private and judicial resources.

ATTORNEYS AT LAW
MOUNTAIN VIEW

F ENWICK & W EST LLP

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IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 6-1(a), by and between the
undersigned counsel for the Parties, that:
1.

The time for each Defendant to answer, move or otherwise respond to the

complaint is extended until after the appointment of a lead plaintiff and lead counsel;
2.

Within forty-five (45) days from the date that the Court appoints a lead plaintiff in

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this action pursuant to 15 U.S.C. § 78u-4(3)(B), such lead plaintiff shall either file an amended

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complaint (“Amended Complaint”) or designate the most recent complaint on file as its operative

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complaint (“Operative Complaint”);

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3.

Within forty-five (45) days from the date that the Court-appointed lead plaintiff

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either files an Amended Complaint or designates an Operative Complaint (pursuant to the

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preceding paragraph), Defendants shall file an answer, motion to dismiss or other response to

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such Amended Complaint or Operative Complaint;

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4.

Defendants shall have no obligation to file any answer, motion to dismiss or other

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responsive pleading to any complaint in this action until an Amended Complaint is filed (or

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Operative Complaint is designated) by the Court-appointed lead plaintiff.

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Pursuant to General Order No. 45 Section X(B), all of the signatories concur in the filing
of this stipulation.
STIPULATION EXTENDING TIME FOR
ALL DEFENDANTS TO RESPOND

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CASE NO. 11-CV-01016-SC

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Dated: April 18, 2011

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FENWICK & WEST LLP
/s/ Kevin P. Muck
Kevin P. Muck

By:

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Attorneys for Defendants Equinix, Inc.,
Stephen M. Smith and Keith D. Taylor

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Dated: April 18, 2011

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ROBBINS GELLER RUDMAN & DOWD LLP
/s/ Shawn A. Williams
Shawn A. Williams

By:

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Attorneys for Plaintiff
Cement Masons & Plasterers Joint Pension Trust

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Judge S

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ATTORNEYS AT LAW
MOUNTAIN VIEW

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NO

F ENWICK & W EST LLP

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F
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4/21/11

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STIPULATION EXTENDING TIME FOR
ALL DEFENDANTS TO RESPOND

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CASE NO. 11-CV-01016-SC