Cement Masons & Plasterers Joint Pension Trust

Filing 82

STIPULATION AND ORDER Continuing Case Management Conference. Case Management Statement due by 8/16/2013. Case Management Conference set for 8/23/2013 10:00 AM in Courtroom 1, 17th Floor, San Francisco.. Signed by Judge Samuel Conti on 06/12/2013. (tmi, COURT STAFF) (Filed on 6/13/2013)

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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
SAN FRANCISCO

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,

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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 June 21, 2013
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 a Third Amended Complaint for Violation of the Federal
Securities Laws (“Third Amended Complaint”) on January 15, 2013;
STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC

CASE NO. 11-CV-01016-SC

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WHEREAS, defendants filed a motion to dismiss the Third Amended Complaint on
February 26, 2013, and that motion has been fully briefed;

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WHEREAS, on June 4, 2013, the Court notified the parties that defendants’ motion to

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dismiss the Third Amended Class Action Complaint would be decided on the papers without oral

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argument;

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WHEREAS, the Court has not yet issued an order 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;

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
SAN FRANCISCO

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’ motion to

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dismiss;

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WHEREAS, the parties have conferred with the Court and have been informed that

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August 23, 2013, 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 June 21, 2013 is

continued to August 23, 2013, 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: June 11, 2013

FENWICK & WEST LLP

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/s/ Marie Bafus
Marie Bafus

By:

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

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Dated: June 11, 2013

ROBBINS GELLER RUDMAN & DOWD LLP
/s/ Shawn A. Williams
Shawn A. Williams

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By:

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Attorneys for Lead Plaintiff
International Brotherhood of Electrical Workers
Local 697 Pension Fund

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stipulation.

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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.

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

days prior to the Case Management Conference.
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06/12/2013
Dated: __________________________

____________________________________

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The Honorable Samuel Conti

NO

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onti

amuel C

Judge S

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H

ER

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R NIA

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RT
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ISTRIC
ES D
TC
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2.

LI

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continued to August 23, 2013, at 10:00 a.m.

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The Case Management Conference presently scheduled for June 21, 2013 is

UNIT
ED

ATTORNEYS AT LAW
SAN FRANCISCO

F ENWICK & W EST LLP

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Pursuant to Civil Local Rule 5-1(i)(3), all of the signatories concur in the filing of this

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F
D IS T IC T O
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C

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STIPULATION AND [PROPOSED] ORDER
CONTINUING CMC

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CASE NO. 11-CV-01016-SC