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Wozniak v. Align Technology

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


November 24, 2009

CHARLES WOZNIAK, INDIVIDUALLY AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED, PLAINTIFF,
v.
ALIGN TECHNOLOGY, INC. AND THOMAS M. PRESCOTT, DEFENDANTS.

The opinion of the court was delivered by: The Honorable Maxine M. Chesney

STIPULATION AND [PROPOSED] ORDER SETTING TIME FOR FILING AMENDED COMPLAINT AND DEFENDANTS' RESPONSE THERETO AND CONTINUING CASE MANAGEMENT CONFERENCE

WHEREAS, plaintiff Charles Wozniak filed a complaint against defendants Align Technology, Inc. and Thomas M. Prescott on August 11, 2009 (the "Action");

WHEREAS, on November 13, 2009, Plumbers and Pipefitters National Pension Fund was appointed lead plaintiff;

WHEREAS, on November 13, 2009, the Court directed the parties to meet and confer and submit a stipulated schedule to the Court for approval before December 4, 2009;

WHEREAS, the case management conference is currently scheduled before this Court on January 15, 2010 at 10:30 a.m.;

NOW, THEREFORE, in the interest of judicial economy and 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 shall file an amended complaint on or before January 15, 2010.

2. Defendants' response to the amended complaint shall be filed on or before March 12, 2010.

3. If defendants' response is a motion to dismiss, lead plaintiff's opposition shall be filed on or before May 7, 2010, and defendants' reply thereto shall be filed on or before June 7, 2010.

4. The case management conference currently scheduled for January 15, 2010 at 10:30 a.m. shall be continued until September 10, 2010 at 10:30 a.m. or a date that is convenient for the Court.

The Parties respectfully request that the Court enter an order approving this stipulation.

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED.

20091124

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