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Stopa v. Clontz

United States District Court, Ninth Circuit

June 6, 2013

JOSEPH STOPA, derivatively on behalf of Nominal Defendant,
v.
STEVEN CLONTZ, GARY HROMADKO, SCOTT KRIENS, WILLIAM LUBY, IRVING LYONS, III, CHRISTOPHER PAISLEY, STEPHEN SMITH, PETER VAN CAMP, Defendants. EQUINIX, INC., Plaintiff, and EQUINIX, INC., Nominal Defendant.

KEVIN P. MUCK (CSB No. 120918), CATHERINE KEVANE (CSB No. 215501), MARIE C. BAFUS (CSB No. 258417), FENWICK & WEST LLP, San Francisco, CA, 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.

Robert S. Green, GREEN & NOBLIN, P.C., FEDERMAN & SHERWOOD Attorneys for Plaintiff, Joseph Stopa.

STIPULATION AND [PROPOSED] ORDER CONTINUING CASE MANAGEMENT CONFERENCE

SAMUEL CONTI, District Judge.

This stipulation is entered into by and among plaintiff Joseph Stopa ("Plaintiff") and defendants Steven Clontz, Gary Hromadko, Scott Kriens, William Luby, Irving Lyons, III, Christopher Paisley, Stephen Smith, Peter Van Camp and nominal defendant Equinix, Inc. (collectively, "Defendants"), by and through their respective attorneys of record;

WHEREAS, presently pending before this Court is Plaintiff's putative shareholder derivative action against certain officers and directors of Equinix, Inc. ("Equinix" or the "Company") and against nominal defendant Equinix;

WHEREAS, this action has been deemed related to a putative shareholder class action complaint, entitled Cement Masons & Plasterers Joint Pension Trust v. Equinix, Inc., et al., Case No. 11-CV-01016-SC (N.D. Cal.) (" Cement Masons "), which is currently pending in this Court against Equinix and certain officers and directors under the Private Securities Litigation Reform Act ("PSLRA");

WHEREAS, plaintiff in the Cement Masons case filed a Third Amended Complaint for Violation of the Federal Securities Laws ("Third Amended Class Action Complaint") on January 15, 2013;

WHEREAS, on June 4, 2013, the Court notified the parties in Cement Masons that defendants' motion to dismiss the Cement Masons Third Amended Class Action Complaint would be decided on the papers without oral argument;

WHEREAS, the Court has not yet issued an order on defendants' motion to dismiss in Cement Masons;

WHEREAS, the operative complaint in this action is an Amended Complaint filed on December 14, 2011;

WHEREAS, pursuant to stipulation of the parties, the Court has entered an order on January 7, 2013, temporarily staying proceedings in this action pending a ruling on the motion to dismiss in Cement Masons;

WHEREAS, pursuant to this Court's order, Defendants have no obligation to move, plead or otherwise respond to Plaintiffs' Amended Complaint until after this Court rules on defendants' motion to dismiss the Cement Masons Third Amended Class Action Complaint;

WHEREAS, because the Court has not yet issued an order on defendants' motion to dismiss the Cement Masons' Third Amended Class Action Complaint, this case currently remains stayed and Defendants have not yet responded to the Amended Complaint herein;

WHEREAS, a Case Management Conference is currently set for June 21, 2013;

WHEREAS, in light of the status of this action, the parties believe that a Case Management Conference at this point would serve no purpose and would result in the needless expenditure of private and judicial resources, and that the Case Management Conference in this action should be continued;

WHEREAS, the parties have conferred with the Court and have been informed that August 23, 2013, at 10:00 a.m. is a convenient date for the Case Management Conference;

IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the parties, that:

1. The Case Management Conference presently scheduled for June 21, 2013 is continued to August 23, 2013, at 10:00 a.m.

2. The parties will file a Joint Case Management Conference Statement seven (7) days prior to the Case Management Conference.

Pursuant to Civil Local Rule 5-1(i)(3), all of the signatories concur in the filing of this stipulation.

[PROPOSED] ORDER

Pursuant to the foregoing stipulation, it is hereby ordered that:

1. The Case Management Conference presently scheduled for June 21, 2013 is continued to August 23, 2013, at 10:00 a.m.

2. The parties will file a Joint Case Management Conference Statement seven (7) days prior to the Case Management Conference.


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