Stopa v. Clontz et al

Filing 44

STIPULATION AND ORDER DISMISSING ACTION WITH PREJUDICE. Signed by Judge Samuel Conti on 07/10/2013. (tmi, COURT STAFF) (Filed on 7/10/2013)

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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
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ATTO RNEY S AT LAW
SAN FRA NCI S CO

F ENWICK & W ES T 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 DISMISSING ACTION WITH
PREJUDICE

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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STIP. AND [PROPOSED] ORDER RE
DISMISSAL

CASE NO. 11-CV-02467-SC

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Plaintiff Joseph Stopa (“Plaintiff”) and defendants Steven Clontz, Gary Hromadko, Scott

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Kriens, William Luby, Irving Lyons, III, Christopher Paisley, Stephen Smith, Peter Van Camp

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and nominal defendant Equinix, Inc. (collectively, “Defendants”), by and through their respective

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counsel of record, hereby stipulate as follows:
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;
WHEREAS, the operative complaint in this action is an Amended Complaint filed on

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December 14, 2011;
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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ATTO RNEY S AT LAW
SAN FRA NCI S CO

F ENWICK & W ES T LLP

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No. 11-CV-01016-SC (N.D. Cal.) (“Cement Masons”), which was pending in this Court against

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Equinix and certain officers and directors under the Private Securities Litigation Reform Act

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(“PSLRA”);
WHEREAS, by the parties’ stipulation and order of the Court, entered January 7, 2013, all

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proceedings in this action have been stayed pending further developments in Cement Masons;
WHEREAS, on June 12, 2013, the Court issued an order granting defendants’ motion to

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dismiss with prejudice the Third Amended Complaint in Cement Masons;

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WHEREAS, on July 3, 2013, plaintiffs in Cement Masons stipulated that they would not

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appeal any order entered in Cement Masons, including the order granting defendants’ motion to

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dismiss with prejudice the Third Amended Complaint in that action;
WHEREAS, in light of the foregoing, the parties to this action have met and conferred and

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believe that this action should similarly be dismissed with prejudice, with all parties waiving any

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rights to appeal from any aspect of this action;
WHEREAS, Plaintiffs and Defendants agree that all parties will bear their own fees and

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costs incurred in connection with this litigation;

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STIP. AND [PROPOSED] ORDER RE
DISMISSAL

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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, subject to approval by the Court, that:
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This action shall be dismissed in its entirety with prejudice, with all parties waiving

any rights to appeal from any aspect of this action;

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2.

Plaintiff and Defendants will bear their own fees and costs; and

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3.

The case is hereby closed and all scheduled dates are struck from the Court’s calendar.

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ATTO RNEY S AT LAW
SAN FRA NCI S CO

F ENWICK & W ES T LLP

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STIP. AND [PROPOSED] ORDER RE
DISMISSAL

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CASE NO. 11-CV-02467-SC

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Dated: July 9, 2013

FENWICK & WEST LLP

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By:

/s/ Kevin P. Muck
Kevin P. Muck

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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.
FEDERMAN & SHERWOOD

Dated: July 9, 2013

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By:

/s/ Robert S. Green
Robert S. Green

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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. This action shall be dismissed in its entirety with prejudice, with all parties waiving

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any rights to appeal from any aspect of this action;

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2. Plaintiff and Defendants will bear their own fees and costs; and

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3. The case is hereby closed and all scheduled dates are struck from the Court’s calendar.

____________________________________

NO

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The Honorable Samuel Conti
United States Senior District Judge

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STIP. AND [PROPOSED] ORDER RE
DISMISSAL

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Judge S

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FO

07/10/2013
Dated: __________________________

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ATTO RNEY S AT LAW
SAN FRA NCI S CO

F ENWICK & W ES T LLP

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CASE NO. 11-CV-02467-SC