Stopa v. Clontz et al

Filing 20

STIPULATION AND ORDER Case Management Conference set for 3/9/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti.. Signed by Judge Samuel Conti on 10/18/11. (tdm, COURT STAFF) (Filed on 10/18/2011)

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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 PLAINTIFF TO FILE
AMENDED 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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STIP. AND [PROPOSED] ORDER RE: STAY,
EXTENSION OF TIME TO FILE AMENDED
COMPLAINT 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, on May 20, 2011, Plaintiff filed a Verified Shareholder Derivative
Complaint (“Current Complaint”);

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WHEREAS, on July 14, 2011, this Court issued an order temporarily staying the above-

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captioned action and setting forth the following timing regarding the filing of an amended

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complaint and the briefing of responses thereto (the “Briefing Schedule”):

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(i)

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the Operative Complaint by October 24, 2011;

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ATTORNEYS AT LAW
MOUNTAIN VIEW

F ENWICK & W EST LLP

Plaintiff shall file an Amended Complaint or designate the Current Complaint as

(ii)

Defendants have through and including November 23, 2011 to move, plead or

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otherwise respond to Plaintiffs’ Amended or Operative Complaint;

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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.), is currently pending against Equinix and certain officers and directors under the

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Private Securities Litigation Reform Act (“PSLRA”);

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WHEREAS, plaintiff in the Cement Masons case filed an Amended Complaint for

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Violation of the Federal Securities Laws (“Amended Class Action Complaint”) on September 22,

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2011;
WHEREAS, a hearing on defendants’ motion to dismiss the Cement Masons’ Amended

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Class Action Complaint is currently scheduled to be heard before this Court on February 24,

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2011;

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WHEREAS, Plaintiff in the above-captioned action has requested and Defendants have

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agreed, subject to approval of the Court, that Plaintiff have an additional thirty (30) days to file an

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Amended Complaint or designate the Current Complaint as the Operative Complaint;

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WHEREAS, in an effort to assure consistent rulings and decisions, promote coordination
between the related federal shareholder class action and this putative shareholder derivative
STIP. AND [PROPOSED] ORDER RE: STAY,
EXTENSION OF TIME TO FILE AMENDED
COMPLAINT AND CONTINUING CMC

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CASE NO. 11-CV-02467-SC

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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 this Court rules on defendants’ motion to dismiss the Amended Class Action

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Complaint in Cement Masons;
WHEREAS, after this Court rules on defendants’ motion to dismiss the Cement Masons’

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Amended Class Action Complaint, the parties to the above-captioned action will file a stipulation

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setting forth a briefing schedule on Plaintiff’s Amended or Operative Complaint;

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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ATTORNEYS AT LAW
MOUNTAIN VIEW

WHEREAS, a case management conference is currently set for November 18, 2011;

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F ENWICK & W EST LLP

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should be continued and have conferred with the Court and have been informed that March 9,

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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.

Plaintiff shall have through and including November 23, 2011 to file an Amended

Complaint or designate the Current Complaint as the Operative Complaint.

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2.

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

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rules on defendants’ motion to dismiss the Amended Class Action Complaint in Cement Masons.

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The hearing on the motion to dismiss in Cement Masons is currently scheduled for February 24,

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2011.

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3.

Defendants shall have no obligation to respond to the Current Complaint.

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4.

Defendants shall have no obligation to respond to the Amended or Operative

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Complaint until after this Court rules on defendants’ motion to dismiss the Cement Masons’

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Amended Class Action Complaint and the parties in the above-captioned action agree to a

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briefing schedule on Plaintiff’s Amended or Operative Complaint.

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5.

The case management conference presently scheduled for November 18, 2011 is

continued to March 9, 2012, at 10:00 a.m.
STIP. AND [PROPOSED] ORDER RE: STAY,
EXTENSION OF TIME TO FILE AMENDED
COMPLAINT AND CONTINUING CMC

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CASE NO. 11-CV-02467-SC

[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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Plaintiff shall have through and including November 23, 2011 to file an Amended

Complaint or designate the Current Complaint as the Operative Complaint.
2.

After Plaintiff files his Amended or Operative Complaint, the parties agree to

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temporarily stay the above-captioned action until this Court rules on defendants’ motion to

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dismiss the Class Action Complaint in Cement Masons.

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3.

Defendants shall have no obligation to respond to the Current Complaint.

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4.

Defendants shall have no obligation to respond to the Amended or Operative

Amended Class Action Complaint and the parties in the above-captioned action agree to a

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briefing schedule on Plaintiff’s Amended or Operative Complaint.
The case management conference presently scheduled for November 18, 2011 is

continued to March 9, 2012, at 10:00 a.m.

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S

10/18/11
Dated: __________________________

RT
U
O

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ISTRIC
ES D
TC
AT
T

____________________________________
ED

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The

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NO

ER
O ORD
IT IS S
Honorable Samuel
onti

amuel C

Judge S

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A

H

ER

LI

RT

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Conti
R NIA

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5.

FO

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UNIT
ED

ATTORNEYS AT LAW
MOUNTAIN VIEW

Complaint until after this Court rules on defendants’ motion to dismiss the Cement Masons’

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F ENWICK & W EST LLP

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N

F
D IS T IC T O
R

C

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STIP. AND [PROPOSED] ORDER RE: STAY,
EXTENSION OF TIME TO FILE AMENDED
COMPLAINT AND CONTINUING CMC

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CASE NO. 11-CV-02467-SC