Cement Masons & Plasterers Joint Pension Trust

Filing 56

ORDER Requesting Supplemental Briefing re 29 MOTION to Dismiss. Signed by Judge Samuel Conti on 9/24/2012. (sclc1, COURT STAFF) (Filed on 9/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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

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Plaintiffs,

United States District Court

For the Northern District of California

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v.

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EQUINIX, INC., STEPHEN M.
SMITH, and KEITH TAYLOR,

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Defendants.
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) Case No. 11-01016 SC
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) ORDER REQUESTING SUPPLEMENTAL
) BRIEIFING
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Now before the Court is Defendants' motion to dismiss

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Plaintiffs' Second Amended Complaint ("SAC").

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other things, the SAC asserts that Defendants falsely represented

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that their sales force would not trade price for volume, i.e.,

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offer discounts to customers.

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statements made by a confidential witness ("CW").

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("SAC") ¶¶ 124-26.

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approved discounts between ten and thirty percent and that it was

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not uncommon for discounts to rise above thirty percent with the

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approval of the company's finance director.

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clear that the conduct described by the CW was ever revealed to the

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market.

ECF No. 29.

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In support, Plaintiffs allege
See ECF No. 44

Specifically, the CW states that she regularly

See id.

It is not

Accordingly, it is not clear that Plaintiffs have

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adequately alleged loss causation with respect to this CW's

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statements.

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540 F.3d 1049, 1064 (9th Cir. 2008).

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additional briefing on this issue.

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supplemental brief on this matter, not to exceed eight (8) pages,

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no later than fourteen (14) days after the signature date of this

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Order.

See Metzler Inv. GMBH v. Corinthian Colleges, Inc.,
The Court hereby requests

Each party may file a single

Response briefs are neither required nor permitted.

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IT IS SO ORDERED.

United States District Court

For the Northern District of California

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Dated: September 24, 2012

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UNITED STATES DISTRICT JUDGE

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