Stopa v. Clontz et al

Filing 42

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
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
SAN FRANCISCO

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

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

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
SAN FRANCISCO

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 a Third Amended Complaint for

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Violation of the Federal Securities Laws (“Third Amended Class Action Complaint”) on January

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15, 2013;

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WHEREAS, on June 4, 2013, the Court notified the parties in Cement Masons that

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defendants’ motion to dismiss the Cement Masons Third Amended Class Action Complaint

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would be decided on the papers without oral argument;

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WHEREAS, the Court has not yet issued an order on defendants’ motion to dismiss in
Cement Masons;
WHEREAS, the operative complaint in this action is an Amended Complaint filed on
December 14, 2011;
WHEREAS, pursuant to stipulation of the parties, the Court has entered an order on

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January 7, 2013, temporarily staying proceedings in this action pending a ruling on the motion to

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dismiss in Cement Masons;

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WHEREAS, pursuant to this Court’s order, Defendants have no obligation to move, plead

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or otherwise respond to Plaintiffs’ Amended Complaint until after this Court rules on defendants’

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motion to dismiss the Cement Masons Third Amended Class Action Complaint;
STIP. AND [PROPOSED] ORDER
CONTINUING CMC

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CASE NO. 11-CV-02467-SC

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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’ Third Amended Class Action Complaint, this case currently remains

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stayed and Defendants have not yet responded to the Amended Complaint herein;

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WHEREAS, a Case Management Conference is currently set for June 21, 2013;

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WHEREAS, in light of the status of this action, the parties believe that a Case

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Management Conference at this point would serve no purpose and would result in the needless

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expenditure of private and judicial resources, and that the Case Management Conference in this

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action should be continued;

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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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ATTORNEYS AT LAW
SAN FRANCISCO

F ENWICK & W EST LLP

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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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STIP. AND [PROPOSED] ORDER
CONTINUING CMC

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CASE NO. 11-CV-02467-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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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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GREEN& NOBLIN, P.C.

Dated: June 11, 2013

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/s/ Robert S. Green
Robert S. Green

By:

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GREEN & NOBLIN, P.C.

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FEDERMAN & SHERWOOD
Attorneys for Plaintiff
Joseph Stopa

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

____________________________________
The Honorable Samuel Conti

NO

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onti

amuel C

Judge S

RT

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A

H

ER

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R NIA

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ISTRIC
ES D
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2.

FO

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

LI

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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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N

F
D IS T IC T O
R

C

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STIP. AND [PROPOSED] ORDER
CONTINUING CMC

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CASE NO. 11-CV-02467-SC