UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
March 24, 2011
CHARLES WOZNIAK, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED,
ALIGN TECHNOLOGY, INC., ET AL.,
The opinion of the court was delivered by: The Honorable Maxine M. Chesney
ROBBINS GELLER RUDMAN & DOWD LLP WILLOW E. RADCLIFFE (200087) SARAH R. HOLLOWAY (254134) Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: 415/288-4545 415/288-4534 (fax) firstname.lastname@example.org email@example.com Lead Counsel for Plaintiff
[Additional counsel appear on signature page.]
CLASS ACTION STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE
WHEREAS, plaintiff Charles Wozniak filed a complaint against defendants Align Technology, Inc. and Thomas M. Prescott on August 11, 2009;
WHEREAS, on November 13, 2009, Plumbers and Pipefitters National Pension Fund was appointed as lead plaintiff;
WHEREAS, on December 2, 2009, the Court entered an Order setting a case management conference for September 10, 2010, and on January 8, 2010, the Court entered an Order setting a briefing schedule for defendants' motion to dismiss;
WHEREAS, lead plaintiff filed the Amended Complaint for Violations of Federal Securities Laws ("Amended Complaint") against defendants Align Technology, Inc. and Thomas M. Prescott on January 29, 2010;
WHEREAS, defendants moved to dismiss the Amended Complaint on March 26, 2010;
WHEREAS, on May 21, 2010, lead plaintiff opposed defendants' motion to dismiss;
WHEREAS, the Court took defendants' motion under submission on July 7, 2010;
WHEREAS, pursuant to the Private Securities Litigation Reform Act of 1995 which governs this action, discovery in this action is stayed during the pendency of a motion to dismiss (15 U.S.C. 78u-4(b)(3)(B));
WHEREAS, on August 24, 2010, the Court entered an Order continuing the September 10, 2010 case management conference to December 10, 2010 at 10:30 a.m.;
WHEREAS, on November 19, 2010, the Court entered an Order continuing the December 10, 2010 case management conference to April 15, 2011 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 that the case management conference currently scheduled for April 15, 2010 at 10:30 a.m. be vacated until such time as the Court has the opportunity to rule on defendants' motion to dismiss.
The Parties respectfully request that the Court enter an Order approving this Stipulation.
IT IS SO STIPULATED.
DATED: March 23, 2011
I, Willow E. Radcliffe, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Continuing Case Management Conference. In compliance with General Order No. 45, X.B., I hereby attest that Katherine L. Henderson has concurred in this filing.
s/ Willow E. Radcliffe WILLOW E. RADCLIFFE
ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
I hereby certify that on March 23, 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 March 23, 2011.
s/ Willow E. Radcliffe WILLOW E. RADCLIFFE ROBBINS GELLER RUDMAN & DOWD LLP Post Montgomery Center One Montgomery Street, Suite 1800 San Francisco, CA 94104 Telephone: 415/288-4545 415/288-4534 (fax) E-mail:firstname.lastname@example.org
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