Stopa v. Clontz et al

Filing 18

STIPULATION AND ORDER Regarding Temporary Stay of Litigation, Extension of Time for all Defendants to Respond to Complaint and Continuing Case Management Conference from 9/9/2011 to 11/18/2011 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti.. Signed by Judge Samuel Conti on 7/14/11. (tdm, COURT STAFF) (Filed on 7/14/2011)

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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
Steven Clontz, Gary Hromadko, Scott Kriens,
William Luby, Irving Lyons, III, Christopher
Paisley, Stephen Smith, Peter Van Camp and
nominal defendant Equinix, Inc.

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

ATTORNEYS AT LAW
MOUNTAIN VIEW

F ENWICK & W EST LLP

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JOSEPH STOPA, derivatively on behalf of
Nominal Defendant, EQUINIX, INC.,

Derivative Action

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Case No. 11-CV-02467-SC

Plaintiff,
vs.
STEVEN CLONTZ, GARY HROMADKO,
SCOTT KRIENS, WILLIAM LUBY,
IRVING LYONS, III, CHRISTOPHER
PAISLEY, STEPHEN SMITH, PETER VAN
CAMP,

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STIPULATION AND [PROPOSED]
ORDER REGARDING TEMPORARY
STAY OF LITIGATION, EXTENSION
OF TIME FOR ALL DEFENDANTS TO
RESPOND TO COMPLAINT AND
CONTINUING CASE MANAGEMENT
CONFERENCE

Defendants.

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and

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EQUINIX, INC.,

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Nominal Defendant.

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This stipulation is entered into by and among plaintiff Joseph Stopa (“Plaintiff”) and

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defendants Steven Clontz, Gary Hromadko, Scott Kriens, William Luby, Irving Lyons, III,

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Christopher Paisley, Stephen Smith, Peter Van Camp and nominal defendant Equinix, Inc.

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STIPULATION AND [PROPOSED] ORDER
RE: STAY, EXTENSION OF TIME TO
RESPOND AND CONTINUING CMC

CASE NO. 11-CV-02467-SC

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(collectively, “Defendants”), by and through their respective attorneys of record;

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WHEREAS, presently pending before this Court is Plaintiff’s putative shareholder

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derivative action against certain officers and directors of Equinix, Inc. (“Equinix” or the

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“Company”) and against nominal defendant Equinix;

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WHEREAS, Defendants have through and including July 26, 2011 to move, plead or
otherwise respond to Plaintiffs’ current complaint (“Current Complaint”);
WHEREAS, a related putative shareholder class action complaint, entitled Cement

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Masons & Plasterers Joint Pension Trust v. Equinix, Inc., et al., Case No. 11-CV-01016-SC

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(N.D. Cal.), was filed in this Court on March 4, 2011 against Equinix and certain officers and

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directors under the Private Securities Litigation Reform Act (“PSLRA”);

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ATTORNEYS AT LAW
MOUNTAIN VIEW

F ENWICK & W EST LLP

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WHEREAS, pursuant to the PSLRA, motions for Lead Plaintiff and Lead Counsel have
been filed in the Cement Masons case;

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WHEREAS, pursuant to an order of this Court in Cement Masons, a consolidated and/or

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amended complaint will be filed following appointment of Lead Plaintiff and Lead Counsel, and

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all other proceedings in Cement Masons are stayed in the interim;

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WHEREAS, in an effort to assure consistent rulings and decisions, promote coordination

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between the related federal shareholder class action and this putative shareholder derivative

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action, avoid needless motion practice, avoid unnecessary duplication of effort, and conserve the

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Court’s and parties’ resources, the parties have agreed to temporarily stay the above-captioned

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action until a consolidated and/or amended complaint is filed in Cement Masons;

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WHEREAS, a case management conference is currently set for September 9, 2011;

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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 initial case management conference in this action

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should be continued and have conferred with the Court and have been informed that November

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18, 2011, at 10:00 a.m. is a convenient date for the case management conference;

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STIPULATION AND [PROPOSED] ORDER
RE: STAY, EXTENSION OF TIME TO
RESPOND AND CONTINUING CMC

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CASE NO. 11-CV-02467-SC

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

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1.

The parties agree to temporarily stay the above-captioned action until a

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consolidated and/or amended complaint is filed in Cement Masons. The Parties currently

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anticipate that the consolidated and/or amended complaint in the Cement Masons case will be

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filed forty-five (45) days after the date on which this Court appoints a lead plaintiff in the Cement

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Masons case. On June 22, 2011, the clerk of this Court issued a notice in the Cement Masons

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case informing the parties that the motion to appoint lead plaintiff and lead counsel is submitted

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for a decision on the pleadings and that no oral argument will be held on that motion.

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2.

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ATTORNEYS AT LAW
MOUNTAIN VIEW

Plaintiff shall have until thirty (30) days after the date for the filing of a

time.

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F ENWICK & W EST LLP

Defendants shall have no obligation to respond to the Current Complaint at this

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consolidated and/or amended complaint in Cement Masons to file an amended complaint

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(“Amended Complaint”) or to designate his current complaint as the operative complaint

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(“Operative Complaint”).

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4.

Defendants shall have thirty (30) days after an Amended Complaint is filed or an

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Operative Complaint is designated to move, plead or otherwise respond to the Amended or

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Operative Complaint.

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5.

The case management conference presently scheduled for September 9, 2011 is

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continued to November 18, 2011, at 10:00 a.m.

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STIPULATION AND [PROPOSED] ORDER
RE: STAY, EXTENSION OF TIME TO
RESPOND AND CONTINUING CMC

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CASE NO. 11-CV-02467-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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amended complaint is filed in Cement Masons.

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The above-captioned action is temporarily stayed until a consolidated and/or

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Defendants shall have no obligation to respond to the Current Complaint at this

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Plaintiff shall have until thirty (30) days after the date for the filing of a

time.

consolidated and/or amended complaint in Cement Masons to file an Amended Complaint or to
designate his current complaint as the Operative Complaint.
4.

Defendants shall have thirty (30) days after an Amended Complaint is filed or an

Operative Complaint is designated to move, plead or otherwise respond to the Amended or

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Operative Complaint.
The case management conference presently scheduled for September 9, 2011 is

continued to November 18, 2011, at 10:00 a.m.

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7/14/11

S

Dated: __________________________

RT
U
O

DERED

O OR
____________________________________
IT IS S
The Honorable Samuel Conti

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Judge S

RT

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onti

amuel C

NO

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A

H

ER

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R NIA

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UNIT
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ATTORNEYS AT LAW
MOUNTAIN VIEW

F ENWICK & W EST LLP

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STIPULATION AND [PROPOSED] ORDER
RE: STAY, EXTENSION OF TIME TO
RESPOND AND CONTINUING CMC

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CASE NO. 11-CV-02467-SC