Cement Masons & Plasterers Joint Pension Trust

Filing 41

ORDER by Judge Samuel Conti granting (39) Stipulation in case 3:11-cv-01016-SC (sclc1, COURT STAFF) (Filed on 3/2/2012)

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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,
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, a Case Management Conference is scheduled in this action for March 16,
2012 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 was appointed lead plaintiff pursuant to the Reform Act;
WHEREAS, plaintiffs filed an Amended Complaint for Violation of the Federal Securities
Laws (“Amended Class Action Complaint”) on September 22, 2011;
STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC

CASE NO. 11-CV-01016-SC

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WHEREAS, pursuant to a stipulated briefing schedule, defendants filed a motion to

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dismiss the Amended Class Action Complaint on November 7, 2011, and that motion has been

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fully briefed and taken under submission by the Court;

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WHEREAS, this Court has not yet ruled on defendants’ motion to dismiss;

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WHEREAS, pursuant to the Reform Act, all proceedings herein are stayed until and

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unless a motion to dismiss is denied;

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WHEREAS, in light of the foregoing, the parties believe that a case management

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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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continued to a date after the Court has had an opportunity to consider defendants’ motion to

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dismiss;

ATTORNEYS AT LAW
MOUNTAIN VIEW

F ENWICK & W EST LLP

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WHEREAS, the parties have conferred with the Court and been informed that May 25,
2012, at 10:00 a.m. is a convenient date for the case management conference;

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IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the
parties, that:

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1.

The case management conference presently scheduled for March 16, 2012 is

continued to May 25, 2012, at 10:00 a.m.

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2.

The parties will file a Joint Case Management Conference Statement seven (7)

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days prior to the case management conference.

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC

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CASE NO. 11-CV-01016-SC

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Dated: March 2, 2012

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FENWICK & WEST LLP
By:

/s/ Kevin P. Muck
Kevin P. Muck

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

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Dated: March 2, 2012

ROBBINS GELLER RUDMAN & DOWD LLP
By:

/s/ Shawn A. Williams
Shawn A. Williams
Attorneys for Lead Plaintiff
International Brotherhood of Electrical Workers
Local 697 Pension Fund

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ATTORNEYS AT LAW
MOUNTAIN VIEW

F ENWICK & W EST LLP

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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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[PROPOSED] ORDER

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Pursuant to the foregoing stipulation, it is hereby ordered that:

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1.

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The case management conference scheduled for March 16, 2012 is continued to

May 25, 2012, at 10:00 a.m.
2.

The parties will file a Joint Case Management Conference Statement seven (7)

days prior to the case management conference.

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March 2, 2012
Dated: __________________________

____________________________________
The Honorable Samuel Conti

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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