Cement Masons & Plasterers Joint Pension Trust

Filing 25

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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1 2 3 4 5 6 7 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 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 ATTORNEYS AT LAW MOUNTAIN VIEW F ENWICK & W EST LLP 12 13 CEMENT MASONS & PLASTERERS JOINT PENSION TRUST, Individually and on Behalf of All Others Similarly Situated, Plaintiff, 14 15 16 17 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. 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 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; 4 WHEREAS, it is anticipated that defendants will file a motion to dismiss the amended 5 consolidated complaint, and that a hearing on that motion is unlikely to be set for hearing until 6 February 2012; 7 8 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 11 private and judicial resources, and that the case management conference in this action should be 12 ATTORNEYS AT LAW MOUNTAIN VIEW WHEREAS, in light of the foregoing, the parties believe that a case management 10 F ENWICK & W EST LLP 9 continued to a date after the Court has had an opportunity to consider defendants’ anticipated 13 motion to dismiss; 14 IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the 15 parties, that the case management conference presently scheduled for September 9, 2011 be 16 continued until a date convenient for the Court on or after February 9, 2012. 17 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 18 By: 19 20 21 22 Dated: August 30, 2011 Attorneys for Lead Plaintiff International Brotherhood of Electrical Workers Local 697 Pension Fund 24 25 27 /s/ Shawn A. Williams Shawn A. Williams By: 23 26 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. 28 STIPULATION AND [PROPOSED] ORDER CONTINUING CMC 2 CASE NO. 11-CV-01016-SC 1 ORDER 2 Pursuant to the foregoing stipulation, it is hereby ordered that the case management 3 March 9, 2012 conference scheduled for September 9, 2011 be continued to _________________________, 4 2012. 5 August 30, 2011 Dated: __________________________ UNIT ED ISTRIC ES D TC AT T 7 RT U O S ____________________________________ ED ORDER onti Judge S H ER LI RT 10 11 FO amuel C NO 9 R NIA O The Honorable Samuel Conti IT IS S 8 A 6 N F D IS T IC T O R C ATTORNEYS AT LAW MOUNTAIN VIEW F ENWICK & W EST LLP 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER CONTINUING CMC 3 CASE NO. 11-CV-01016-SC

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