Stopa v. Clontz et al
Filing
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STIPULATION AND ORDER: Case Managmenet Conference set for 3/16/12 is continued to 5/25/2012 10:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Samuel Conti.. Signed by Judge Samuel Conti on 3/2/12. (tdm, COURT STAFF) (Filed on 3/2/2012)
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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
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 CONTINUING CASE
MANAGEMENT CONFERENCE AND
RESETTING CERTAIN ADR
DEADLINES
Defendants.
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and
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EQUINIX, INC.,
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Nominal Defendant.
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STIP. AND [PROPOSED] ORDER
CONTINUING CMC AND RESETTING
CERTAIN ADR DEADLINES
CASE NO. 11-CV-02467-SC
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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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(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, this action has been deemed related to a putative shareholder class action
No. 11-CV-01016-SC (N.D. Cal.) (“Cement Masons”), which is currently pending in this Court
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against Equinix and certain officers and directors under the Private Securities Litigation Reform
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ATTORNEYS AT LAW
MOUNTAIN VIEW
complaint, entitled Cement Masons & Plasterers Joint Pension Trust v. Equinix, Inc., et al., Case
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F ENWICK & W EST LLP
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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, defendants filed a motion to dismiss the Cement Masons’ Amended Class Action
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Complaint on November 7, 2011, and that motion has been fully briefed and taken under
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submission by the Court;
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WHEREAS, the operative complaint in this action is an Amended Complaint filed on
December 14, 2011;
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WHEREAS, pursuant to stipulation of the parties, the Court has entered orders on July 14,
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2011 and October 18, 2011 temporarily staying proceedings in this action pending a ruling on the
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motion to dismiss in Cement Masons;
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WHEREAS, pursuant to this Court’s orders, Defendants have no obligation to move,
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plead or otherwise respond to Plaintiffs’ Amended Complaint until after this Court rules on
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defendants’ motion to dismiss the Cement Masons Amended Class Action Complaint;
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WHEREAS, because the Court has not yet issued an order on defendants’ motion to
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dismiss the Cement Masons’ Amended Class Action Complaint, this case currently remains
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stayed and Defendants have not yet responded to the Amended Complaint herein;
STIP. AND [PROPOSED] ORDER
CONTINUING CMC AND RESETTING
CERTAIN ADR DEADLINES
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CASE NO. 11-CV-02467-SC
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WHEREAS, a case management conference is currently set for March 16, 2012;
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WHEREAS, in light of the status of this action, 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 May 25,
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2012 at 10:00 a.m. is a convenient date for the case management conference;
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WHEREAS, on May 20, 2011, the Court in the above-captioned action issued an Order
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Setting Initial Case Management Conference and ADR Deadlines, requiring that the parties meet
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and confer regarding ADR process selection, file ADR Certifications and either stipulate to an
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ADR Process or file a Notice of Need for ADR Phone Conference by August 9, 2011 (the “ADR
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deadlines”);
ATTORNEYS AT LAW
MOUNTAIN VIEW
F ENWICK & W EST LLP
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WHEREAS, in light of the stay, the parties also believe that the ADR deadlines should
also be continued to thirty (30) days after the stay is lifted;
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IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the
Parties, that:
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continued to May 25, 2012, at 10:00 a.m.
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The case management conference presently scheduled for March 16, 2012 is
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The parties will file a Joint Case Management Conference Statement seven (7)
days prior to the case management conference.
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3.
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The ADR deadlines are continued to thirty (30) days after the stay is lifted.
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STIP. AND [PROPOSED] ORDER
CONTINUING CMC AND RESETTING
CERTAIN ADR DEADLINES
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CASE NO. 11-CV-02467-SC
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Dated: March 1, 2012
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FENWICK & WEST LLP
By:
/s/ Catherine Kevane
Catherine Kevane
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FENWICK & WEST, LLP
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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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Dated: March 1, 2012
GREEN WELLING, P.C.
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By:
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/s/ Robert S. Green
Robert S. Green
GREEN WELLING, P.C.
ATTORNEYS AT LAW
MOUNTAIN VIEW
F ENWICK & W EST LLP
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FEDERMAN & SHERWOOD
Attorneys for Plaintiff
Joseph Stopa
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Pursuant to General Order No. 45 Section X(B), all of the signatories concur in the filing
of this stipulation.
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STIP. AND [PROPOSED] ORDER
CONTINUING CMC AND RESETTING
CERTAIN ADR DEADLINES
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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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days prior to the case management conference.
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The ADR deadlines are continued to thirty (30) days after the stay is lifted.
3/2/12
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UNIT
ED
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onti
amuel C
Judge S
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A
H
ER
LI
RT
ATTORNEYS AT LAW
MOUNTAIN VIEW
ED
ER
The Honorable Samuel Conti
O ORD
IT IS S
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F ENWICK & W EST LLP
RT
U
O
Dated: __________________________
S DISTRICT
TE
C
TA
NO
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The parties will file a Joint Case Management Conference Statement seven (7)
R NIA
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2.
FO
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continued to May 25, 2012 at 10:00 a.m.
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The case management conference presently scheduled for March 16, 2012 is
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D IS T IC T O
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STIP. AND [PROPOSED] ORDER
CONTINUING CMC AND RESETTING
CERTAIN ADR DEADLINES
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CASE NO. 11-CV-02467-SC
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