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STOPA v. CLONTZ, 11-CV-02467-SC. (2012)

Court: District Court, N.D. California Number: infdco20120402a68 Visitors: 9
Filed: Apr. 02, 2012
Latest Update: Apr. 02, 2012
Summary: Derivative Action STIPULATION AND [PROPOSED] ORDER REGARDING TEMPORARY STAY OF LITIGATION 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 pendin
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Derivative Action

STIPULATION AND [PROPOSED] ORDER REGARDING TEMPORARY STAY OF LITIGATION

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 an Amended Complaint for Violation of the Federal Securities Laws ("Amended Class Action Complaint") on September 22, 2011 and defendants filed a motion to dismiss the Cement Masons' Amended Class Action Complaint on November 7, 2011;

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 orders on July 14, 2011 and October 18, 2011 temporarily staying proceedings in this action pending a ruling on the motion to dismiss in Cement Masons;

WHEREAS, on March 2, 2012, this Court granted defendants' motion to dismiss the Cement Masons Amended Class Action Complaint and provided plaintiffs in the Cement Masons action thirty (30) days within which to amend the Amended Class Action Complaint (the "Second Amended Class Action Complaint");

WHEREAS, pursuant to stipulation of the parties in Cement Masons, the court entered an order extending the time in which the Cement Masons plaintiffs must file their Second Amended Class Action Complaint until May 2, 2012;

WHEREAS, if the plaintiffs in Cement Masons choose to file the Second Amended Class Action Complaint, defendants in Cement Masons intend to move to dismiss any such complaint;

WHEREAS, in an effort to assure consistent rulings and decisions, promote coordination between the related federal shareholder class action and this putative shareholder derivative action, avoid needless motion practice, avoid unnecessary duplication of effort, and conserve the Court's and parties' resources, the parties have agreed to continue the temporary stay of litigation in the above-captioned action until thirty (30) days after either: (i) the plaintiffs in Cement Masons file the Second Amended Class Action Complaint and the Court rules on any motion to dismiss that Second Amended Class Action Complaint; or (ii) the time for the Cement Masons plaintiffs to file the Second Amended Class Action Complaint lapses without any such complaint having been filed;

WHEREAS, the parties to the above-captioned action will file a stipulation (the "Stipulation") setting forth a briefing schedule on Plaintiff's Amended Complaint within thirty (30) days after either of the following occurs: (i) the Cement Masons plaintiffs file the Second Amended Class Action Complaint and the Court rules on any motion to dismiss that Second Amended Class Action Complaint; or (ii) the time for the Cement Masons plaintiffs to file the Second Amended Class Action Complaint lapses without any such complaint having been filed;

WHEREAS, Defendants shall have no obligation to respond the to the Amended Complaint in the above-captioned action until after the Stipulation on the briefing schedule is filed;

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

1. The parties agree to continue the temporary stay in the above-captioned action until thirty (30) days after either (i) the plaintiffs in Cement Masons file the Second Amended Class Action Complaint and the Court rules on any motion to dismiss that Second Amended Class Action Complaint; or (ii) the time for the Cement Masons plaintiffs to file the Second Amended Class Action Complaint lapses without any such complaint having been filed.

2. The parties to the above-captioned action will file a stipulation setting forth a briefing schedule on Plaintiff's Amended Complaint within thirty (30) days after either of the following occurs: (i) the Cement Masons plaintiffs file the Second Amended Class Action Complaint and the Court rules on any motion to dismiss that Second Amended Class Action Complaint; or (ii) the time for the Cement Masons plaintiffs to file the Second Amended Class Action Complaint lapses without any such complaint having been filed.

3. Defendants shall have no obligation to respond to the Amended Complaint in the above-captioned action until after the Stipulation setting forth a briefing schedule is filed.

Pursuant to General Order No. 45 Section X(B), 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 parties agree to continue the temporary stay in the above-captioned action until thirty (30) days after either (i) the plaintiffs in Cement Masons file the Second Amended Class Action Complaint and the Court rules on any motion to dismiss that Second Amended Class Action Complaint; or (ii) the time for the Cement Masons plaintiffs to file the Second Amended Class Action Complaint lapses without any such complaint having been filed.

2. The parties to the above-captioned action will file a stipulation setting forth a briefing schedule on Plaintiff's Amended Complaint within thirty (30) days after either of the following occurs: (i) the Cement Masons plaintiffs file the Second Amended Class Action Complaint and the Court rules on any motion to dismiss that Second Amended Class Action Complaint; or (ii) the time for the Cement Masons plaintiffs to file the Second Amended Class Action Complaint lapses without any such complaint having been filed.

3. Defendants shall have no obligation to respond to the Amended Complaint in the above-captioned action until after the Stipulation setting forth a briefing schedule is filed.

Source:  Leagle

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