Opinion
No. 3:09-cv-03671-MMC
10-14-2011
CHARLES WOZNIAK, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. ALIGN TECHNOLOGY, INC., et al., Defendants.
ROBBINS GELLER RUDMAN & DOWD LLP WILLOW E. RADCLIFFE SARAH R. HOLLOWAY WILLOW E. RADCLIFFE Lead Counsel for Plaintiff O'DONOGHUE & O'DONOGHUE LLP LOUIS P. MALONE Additional Counsel for Plaintiff WILSON SONSINI GOODRICH & ROSATI, P.C. KATHERINE L. HENDERSON KATHERINE L. HENDERSON Attorneys for Defendants Align Technology, Inc. and Thomas M. Prescott
ROBBINS GELLER RUDMAN
& DOWD LLP
WILLOW E. RADCLIFFE (200087)
SARAH R. HOLLOWAY (254134)
Lead Counsel for Plaintiff
[Additional counsel appear on signature page.]
CLASS ACTION
STIPULATION AND [PROPOSED] ORDER EXTENDING LEAD PLAINTIFF'S TIME
TO RESPOND TO DEFENDANTS' MOTION TO DISMISS SECOND
AMENDED COMPLAINT; SCHEDULING CASE MANAGEMENT CONFERENCE
WHEREAS, on August 11, 2009, plaintiff Charles Wozniak filed a complaint against defendants Align Technology, Inc. and Thomas M. Prescott (collectively, the "Defendants");
WHEREAS, on November 13, 2009, Plumbers and Pipefitters National Pension Fund was appointed as lead plaintiff;
WHEREAS, on January 29, 2010, lead plaintiff filed an Amended Complaint for Violations of Federal Securities Laws (the "Amended Complaint") against Defendants;
WHEREAS, on March 26, 2010, Defendants moved to dismiss the Amended Complaint;
WHEREAS, on May 21, 2010, lead plaintiff opposed Defendants' motion to dismiss;
WHEREAS, on June 21, 2010, Defendants filed a reply brief in support of their motion to dismiss;
WHEREAS, on July 7, 2010, the Court took Defendants' motion to dismiss under submission;
WHEREAS, on June 8, 2011, the Court entered an Order granting Defendants' motion to dismiss with leave to amend and setting the filing deadline for the Second Amended Complaint, if any, to July 22, 2011;
WHEREAS, on July 22, 2011, lead plaintiff filed a Second Amended Complaint for Violations of Federal Securities Laws (the "SAC") against Defendants;
WHEREAS, on July 27, 2011, the Court entered an Order on briefing schedule setting Defendants' time to respond to the SAC to September 7, 2011; lead plaintiff's opposition to any motion to dismiss on or before October 21, 2011; and Defendants' reply thereto to November 21, 2011;
WHEREAS, on September 7, 2011, Defendants filed a motion to dismiss the SAC and noticed a hearing on said motion for December 9, 2011; and
WHEREAS, due to scheduling conflicts, lead plaintiff requests an extension from October 21, 2011 to November 9, 2011 to file its opposition brief, and Defendants do not oppose said request. The parties also agree, subject to the Court's approval, to reschedule the hearing on Defendants' motion to dismiss the SAC from December 9, 2011 to January 13, 2012, or a date thereafter convenient to the Court.
NOW, THEREFORE, with good cause showing, the parties, by and through their undersigned counsel of record, hereby agree and stipulate, and the Court hereby orders, as follows:
1. Lead plaintiff's opposition to Defendants' motion to dismiss the SAC shall be filed on or before November 9, 2011;
2. Defendants' reply brief shall be filed on or before December 21, 2011; and
3. The hearing on Defendants' motion to dismiss the SAC shall be moved from December 9, 2011 to January 13, 2012 at 9:00 a.m.
The parties respectfully request that the Court enter an Order approving this Stipulation. IT IS SO STIPULATED.
ROBBINS GELLER RUDMAN
& DOWD LLP
WILLOW E. RADCLIFFE
SARAH R. HOLLOWAY
WILLOW E. RADCLIFFE
Lead Counsel for Plaintiff
O'DONOGHUE & O'DONOGHUE LLP
LOUIS P. MALONE
Additional Counsel for Plaintiff
WILSON SONSINI
GOODRICH & ROSATI, P.C.
KATHERINE L. HENDERSON
KATHERINE L. HENDERSON
Attorneys for Defendants Align Technology, Inc.
and Thomas M. Prescott
I, Willow E. Radcliffe, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Extending Lead Plaintiff's Time to Respond to Defendants' Motion to Dismiss Second Amended Complaint. In compliance with General Order No. 45, X.B., I hereby attest that Katherine L. Henderson has concurred in this filing.
WILLOW E. RADCLIFFE
ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
FURTHER, a Case Management Conference is hereby SCHEDULED for April 13, 2012; a Joint Case Management Statement shall be filed no later than April 6, 2012.
THE HONORABLE MAXINE M. CHESNEY
UNITED STATES DISTRICT JUDGE