Cement Masons & Plasterers Joint Pension Trust
Filing
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STIPULATION AND ORDER Case Management Conference set for 9/9/2011 is continued to 3/9/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti. Signed by Judge Samuel Conti on 8/30/11. (tdm, COURT STAFF) (Filed on 8/30/2011)
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KEVIN P. MUCK (CSB No. 120918)
kmuck@fenwick.com
CATHERINE KEVANE (CSB No. 215501)
ckevane@fenwick.com
MARIE C. BAFUS (CSB No. 258417)
mbafus@fenwick.com
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Telephone: (415) 875-2300
Facsimile:
(415) 281-1350
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,
Plaintiff,
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vs.
Case No. 11-CV-01016-SC
CLASS ACTION
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE
EQUINIX, INC., STEPHEN M. SMITH and
KEITH D. TAYLOR,
Defendants.
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WHEREAS, the above-captioned action is alleged to be a class action asserting violations
of the federal securities laws against defendants;
WHEREAS, as Case Management Conference is scheduled in this action for September 9,
2011 at 10:00 a.m.;
WHEREAS, the action is subject to the requirements of the Private Securities Litigation
Reform Act of 1995 (the “Reform Act”);
WHEREAS, on August 8, 2011, International Brotherhood of Electrical Workers Local
697 Pension Fund (the “Fund”) was appointed lead plaintiff pursuant to the Reform Act;
WHEREAS, pursuant to stipulation and order entered by the Court on April 22, 2011, the
Fund shall file or designate an amended consolidated complaint by September 22, 2011 (i.e.,
STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC
CASE NO. 11-CV-01016-SC
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within forty-five days after the order appointing the Fund as lead plaintiff);
WHEREAS, defendants shall have forty-five days from the Fund’s filing or designation of
the amended consolidated complaint in which to move, answer or otherwise respond;
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WHEREAS, it is anticipated that defendants will file a motion to dismiss the amended
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consolidated complaint, and that a hearing on that motion is unlikely to be set for hearing until
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February 2012;
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WHEREAS, pursuant to the Reform Act, all proceedings herein are stayed until and
unless a motion to dismiss is denied;
conference at this point would serve no purpose and would result in the needless expenditure of
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private and judicial resources, and that the case management conference in this action should be
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ATTORNEYS AT LAW
MOUNTAIN VIEW
WHEREAS, in light of the foregoing, the parties believe that a case management
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F ENWICK & W EST LLP
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continued to a date after the Court has had an opportunity to consider defendants’ anticipated
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motion to dismiss;
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IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the
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parties, that the case management conference presently scheduled for September 9, 2011 be
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continued until a date convenient for the Court on or after February 9, 2012.
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Dated: August 30, 2011
FENWICK & WEST LLP
/s/ Kevin P. Muck
Kevin P. Muck
Attorneys for Defendants Equinix, Inc.,
Stephen M. Smith and Keith D. Taylor
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By:
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Dated: August 30, 2011
Attorneys for Lead Plaintiff
International Brotherhood of Electrical Workers
Local 697 Pension Fund
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/s/ Shawn A. Williams
Shawn A. Williams
By:
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ROBBINS GELLER RUDMAN & DOWD LLP
Pursuant to General Order No. 45 Section X(B), all of the signatories concur in the filing
of this stipulation.
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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC
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CASE NO. 11-CV-01016-SC
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ORDER
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Pursuant to the foregoing stipulation, it is hereby ordered that the case management
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March 9, 2012
conference scheduled for September 9, 2011 be continued to _________________________,
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2012.
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August 30, 2011
Dated: __________________________
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ISTRIC
ES D
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____________________________________
ED
ORDER
onti
Judge S
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RT
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FO
amuel C
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R NIA
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The Honorable Samuel Conti
IT IS S
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D IS T IC T O
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ATTORNEYS AT LAW
MOUNTAIN VIEW
F ENWICK & W EST LLP
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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC
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CASE NO. 11-CV-01016-SC
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