Opinion
No. 3:11-cv-01016-SC
10-04-2011
CEMENT MASONS & PLASTERERS JOINT PENSION TRUST, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. EQUINIX, INC., et al., Defendants.
ROBBINS GELLER RUDMAN & DOWD LLP SHAWN A. WILLIAMS (213113) MATTHEW S. MELAMED (260272) Lead Counsel for Plaintiff FENWICK & WEST LLP KEVIN P. MUCK CATHERINE KEVANE MARIE C. BAFUS KEVIN P. MUCK Attorneys for Defendants Equinix, Inc., Stephen M. Smith and Keith D. Taylor
ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS (213113)
MATTHEW S. MELAMED (260272)
Lead Counsel for Plaintiff
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER SETTING BRIEFING SCHEDULE ON DEFENDANTS' MOTION TO DISMISS
WHEREAS, the above-captioned action is alleged to be a class action asserting violations of the federal securities laws against defendants Equinix, Inc., Stephen M. Smith, and Keith D. Taylor (collectively, "defendants");
WHEREAS, the above-captioned action is subject to the requirements of the Private Securities Litigation Reform Act of 1995, which sets forth specialized procedures for the administration of securities class actions;
WHEREAS, the Court appointed International Brotherhood of Electrical Workers Local 697 Pension Fund as lead plaintiff and approved lead plaintiff's choice of counsel on August 8, 2011 (Dkt. No. 23);
WHEREAS, the parties to this action previously stipulated, pursuant to Civil L.R. 6-1(a), to allow each defendant to answer, move or otherwise respond to the lead plaintiff's amended complaint within 45 days of the date it was filed;
WHEREAS, the Court approved that stipulation on August 30, 2011 (Dkt. No. 25);
WHEREAS, lead plaintiff filed an amended complaint on September 22, 2011 (Dkt. No. 26);
WHEREAS, defendants intend to file a motion to dismiss the claims asserted against them by November 7, 2011;
IT IS ACCORDINGLY STIPULATED, pursuant to Civil L.R. 6-1(a), by and between the undersigned counsel for the parties, that (1) defendants shall file their motion to dismiss by November 7, 2011; (2) lead plaintiff shall file its opposition to the motion to dismiss by December 22, 2011; (3) defendants shall file their reply papers by January 30, 2012; and (4) the motion to dismiss shall be set for hearing on February 24, 2012 at 10:00 a.m.
ROBBINS GELLER RUDMAN
& DOWD LLP
SHAWN A. WILLIAMS
MATTHEW S. MELAMED
SHAWN A. WILLIAMS
Lead Counsel for Plaintiff
CAVANAGH & O'HARA
PATRICK J. O'HARA
Additional Counsel for Plaintiff
FENWICK & WEST LLP
KEVIN P. MUCK
CATHERINE KEVANE
MARIE C. BAFUS
KEVIN P. MUCK
Attorneys for Defendants Equinix, Inc., Stephen
M. Smith and Keith D. Taylor
I, Shawn A. Williams, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Setting a Briefing Schedule on Defendants' Motion to Dismiss. In compliance with General Order No. 45, X.B., I hereby attest that Kevin P. Muck has concurred in this filing.
SHAWN A. WILLIAMS
* * *
ORDER
IT IS SO ORDERED.
THE HONORABLE SAMUEL CONTI
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
I hereby certify that on September 29, 2011, I authorized the electronic filing of the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I caused to be mailed the foregoing document or paper via the United States Postal Service to the non-CM/ECF participants indicated on the attached Manual Notice List.
I certify under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 29, 2011.
SHAWN A. WILLIAMS
ROBBINS GELLER RUDMAN
& DOWD LLP
Mailing Information for a Case 3:11-cv-01016-SC
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case.
• Marie Caroline Bafus
mbafus@fenwick.com,cprocida@fenwick.com
• Catherine Duden Kevane
ckevane@fenwick.com,knesbit@fenwick.com,kdeleon@fenwick.com
• Matthew Seth Melamed
mmelamed@rgrdlaw.com,e_file_SF@rgrdlaw.com,e_file_SD@rgrdlaw.com
• Kevin Peter Muck
kmuck@fenwick.com,cprocida@fenwick.com
• Brian O. O'Mara
bo'mara@csgrr.com,e_file_sd@rgrdlaw.com,e_file_sf@rgrdlaw.com
• Darren Jay Robbins
e_file_sd@rgrdlaw.com
• David Conrad Walton
davew@rgrdlaw.com
• Shawn A. Williams
shawnw@rgrdlaw.com,khuang@rgrdlaw.com,ptiffith@rgrdlaw.com,erinj@rgrdlaw.com,e_file_sd@rgrdlaw.com,e_file_sf@rgrdlaw.com
Manual Notice List
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to create notices or labels for these recipients.
Catherine J. Kowalewski
Robbins Geller Rudman & Dowd LLP