Stopa v. Clontz et al

Filing 32

Order by Hon. Samuel Conti granting 31 Stipulation Regarding Temporary Stay.(sclc1, COURT STAFF) (Filed on 4/2/2012)

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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
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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,
STIPULATION AND [PROPOSED]
ORDER REGARDING TEMPORARY
STAY OF LITIGATION

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

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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
TEMPORARY STAY OF LITIGATION

CASE NO. 11-CV-02467-SC

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

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complaint, entitled Cement Masons & Plasterers Joint Pension Trust v. Equinix, Inc., et al., Case

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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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Act (“PSLRA”);

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

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ATTORNEYS AT LAW
MOUNTAIN VIEW

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

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F ENWICK & W EST LLP

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2011 and defendants filed a motion to dismiss the Cement Masons’ Amended Class Action

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Complaint on November 7, 2011;

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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, on March 2, 2012, this Court granted defendants’ motion to dismiss the

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Cement Masons Amended Class Action Complaint and provided plaintiffs in the Cement Masons

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action thirty (30) days within which to amend the Amended Class Action Complaint (the “Second

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Amended Class Action Complaint”);

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WHEREAS, pursuant to stipulation of the parties in Cement Masons, the court entered an

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order extending the time in which the Cement Masons plaintiffs must file their Second Amended

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Class Action Complaint until May 2, 2012;

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WHEREAS, if the plaintiffs in Cement Masons choose to file the Second Amended Class

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Action Complaint, defendants in Cement Masons intend to move to dismiss any such complaint;

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WHEREAS, in an effort to assure consistent rulings and decisions, promote coordination
STIP. AND [PROPOSED] ORDER RE
TEMPORARY STAY OF LITIGATION

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CASE NO. 11-CV-02467-SC

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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 continue the temporary stay of litigation

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in the above-captioned action until thirty (30) days after either: (i) the plaintiffs in Cement

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Masons file the Second Amended Class Action Complaint and the Court rules on any motion to

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dismiss that Second Amended Class Action Complaint; or (ii) the time for the Cement Masons

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plaintiffs to file the Second Amended Class Action Complaint lapses without any such complaint

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having been filed;

“Stipulation”) setting forth a briefing schedule on Plaintiff’s Amended Complaint within thirty

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(30) days after either of the following occurs: (i) the Cement Masons plaintiffs file the Second

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ATTORNEYS AT LAW
MOUNTAIN VIEW

WHEREAS, the parties to the above-captioned action will file a stipulation (the

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F ENWICK & W EST LLP

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Amended Class Action Complaint and the Court rules on any motion to dismiss that Second

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Amended Class Action Complaint; or (ii) the time for the Cement Masons plaintiffs to file the

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Second Amended Class Action Complaint lapses without any such complaint having been filed;

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WHEREAS, Defendants shall have no obligation to respond the to the Amended

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Complaint in the above-captioned action until after the Stipulation on the briefing schedule is

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filed;

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IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the
Parties, that:
1.

The parties agree to continue the temporary stay in the above-captioned action

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until thirty (30) days after either (i) the plaintiffs in Cement Masons file the Second Amended

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Class Action Complaint and the Court rules on any motion to dismiss that Second Amended

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Class Action Complaint; or (ii) the time for the Cement Masons plaintiffs to file the Second

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Amended Class Action Complaint lapses without any such complaint having been filed.

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2.

The parties to the above-captioned action will file a stipulation setting forth a

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briefing schedule on Plaintiff’s Amended Complaint within thirty (30) days after either of the

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following occurs: (i) the Cement Masons plaintiffs file the Second Amended Class Action

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Complaint and the Court rules on any motion to dismiss that Second Amended Class Action
STIP. AND [PROPOSED] ORDER RE
TEMPORARY STAY OF LITIGATION

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CASE NO. 11-CV-02467-SC

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Complaint; or (ii) the time for the Cement Masons plaintiffs to file the Second Amended Class

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Action Complaint lapses without any such complaint having been filed.

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3.

Defendants shall have no obligation to respond to the Amended Complaint in the

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above-captioned action until after the Stipulation setting forth a briefing schedule is filed.

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Dated: March 27, 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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ATTORNEYS AT LAW
MOUNTAIN VIEW

F ENWICK & W EST LLP

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Dated: March 27, 2012

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GREEN WELLING, P.C.

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By:

/s/ Robert S. Green
Robert S. Green

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GREEN WELLING, P.C.
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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 RE
TEMPORARY STAY OF LITIGATION

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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.

The parties agree to continue the temporary stay in the above-captioned action

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until thirty (30) days after either (i) the plaintiffs in Cement Masons file the Second Amended

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Class Action Complaint and the Court rules on any motion to dismiss that Second Amended

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Class Action Complaint; or (ii) the time for the Cement Masons plaintiffs to file the Second

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Amended Class Action Complaint lapses without any such complaint having been filed.

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2.

The parties to the above-captioned action will file a stipulation setting forth a

briefing schedule on Plaintiff’s Amended Complaint within thirty (30) days after either of the

Complaint and the Court rules on any motion to dismiss that Second Amended Class Action

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ATTORNEYS AT LAW
MOUNTAIN VIEW

following occurs: (i) the Cement Masons plaintiffs file the Second Amended Class Action

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F ENWICK & W EST LLP

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Complaint; or (ii) the time for the Cement Masons plaintiffs to file the Second Amended Class

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Action Complaint lapses without any such complaint having been filed.

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3.

Defendants shall have no obligation to respond to the Amended Complaint in the

above-captioned action until after the Stipulation setting forth a briefing schedule is filed.

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April 2, 2012
Dated: __________________________

____________________________________
The Honorable Samuel Conti

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STIP. AND [PROPOSED] ORDER RE
TEMPORARY STAY OF LITIGATION

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CASE NO. 11-CV-02467-SC