Cement Masons & Plasterers Joint Pension Trust

Filing 73

STIPULATION AND ORDER Modifying Briefing Schedule. Set/Reset Deadlines as to 67 MOTION to Dismiss. Replies due by 5/7/2013. Signed by Judge Samuel Conti on 04/15/2013. (tmi, COURT STAFF) (Filed on 4/15/2013)

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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 MODIFYING BRIEFING SCHEDULE EQUINIX, INC., STEPHEN M. SMITH and KEITH D. TAYLOR, Defendants. 18 19 20 21 22 WHEREAS, the above-captioned action is alleged to be a class action asserting violations of the federal securities laws against defendants; WHEREAS, pursuant to this Court’s December 19, 2012 order setting a briefing schedule, 23 defendants moved to dismiss plaintiffs’ Third Amended Class Action Complaint (“Third 24 Amended Complaint”) on February 26, 2013 and plaintiffs filed their opposition to the motion to 25 dismiss on April 9, 2013; 26 WHEREAS, in light of certain scheduling conflicts, defendants have requested and 27 plaintiffs have agreed, subject to the approval of the Court, to extend defendants’ deadline to file 28 their reply papers in support of the motion to dismiss from April 30, 2013 to May 7, 2013; STIP. AND [PROP.] ORDER MODIFYING BRIEFING SCHEDULE CASE NO. 11-CV-01016-SC 1 WHEREAS, a hearing date for defendants’ motion to dismiss is set for June 7, 2013, and 2 nothing in this stipulation changes that hearing date, nor does this stipulation change any other 3 date set in this matter. 4 IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the 5 parties, that the time for defendants to file and serve their reply papers in support of their motion 6 to dismiss the Third Amended Complaint should be extended to May 7, 2013. 7 Dated: April 11, 2013 FENWICK & WEST LLP 8 /s/ Marie Bafus Marie Bafus By: 9 Attorneys for Defendants Equinix, Inc., Stephen M. Smith and Keith D. Taylor 10 11 Dated: April 11, 2013 ROBBINS GELLER RUDMAN & DOWD LLP /s/ Shawn A. Williams Shawn A. Williams Attorneys for Lead Plaintiff International Brotherhood of Electrical Workers Local 697 Pension Fund By: 13 14 15 16 17 18 19 20 Pursuant to Local Rule 5-1(i)(3), all of the signatories concur in the filing of this stipulation. [PROPOSED] ORDER Pursuant to the foregoing stipulation, it is hereby ordered that the time for 21 defendants to file and serve their reply papers in support of their motion to dismiss the Third 22 Amended Complaint should be extended to May 7, 2013. 04/15/2013 Dated: __________________________ 25 FO NO 26 R NIA ____________________________________ The Honorable Samuel Conti nti United States SeniorCDistrict Judge muel o udge Sa J RT 27 28 STIP. AND [PROP.] ORDER MODIFYING BRIEFING SCHEDULE 2 A H ER LI 24 ISTRIC ES D TC AT T RT U O S 23 UNIT ED ATTORNEYS AT LAW MOUNTAIN VIEW F ENWICK & W EST LLP 12 N F D IS T IC T O R C CASE NO. 11-CV-01016-SC

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