SAMUEL CONTI, 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 Plaintiffs putative shareholder derivative action against certain officers and directors of Equinix, Inc. ("Equinix" or the "Company") and against nominal defendant Equinix;
WHEREAS, on May 20, 2011, Plaintiff filed a Verified Shareholder Derivative Complaint ("Current Complaint");
WHEREAS, pursuant to the parties' stipulation, this Court issued an order on October 18, 2011 temporarily staying proceedings in the above-captioned action until this Court rules on defendants' motion to dismiss the Amended Class Action Complaint in a related action, Cement Masons & Plasterers Joint Pension Trust v. Equinix, Inc., et al., Case No. 11-CV-01016-SC (N.D. Cal.), which is currently set for hearing on February 24, 2012;
WHEREAS, pursuant to the stipulated Order entered by the Court on October 18, 2011, plaintiff is to file an amended complaint in this action on or before November 23, 2011, but otherwise all proceedings are stayed pending resolution of the motion to dismiss in Cement Masons;
WHEREAS, Plaintiff in the above-captioned action has requested and Defendants have agreed, subject to approval of the Court, that Plaintiff have an additional twenty-one (21) days to file an Amended Complaint or designate the Current Complaint as the Operative Complaint;
WHEREAS, the parties agree that no other provision of the Order entered by the Court on October 18, 2011 should be modified;
IT IS ACCORDINGLY STIPULATED, by and between the undersigned counsel for the Parties, that:
1. Plaintiff shall have through and including December 14, 2011 to file an Amended Complaint or designate the Current Complaint as the Operative Complaint.
2. In all other respects, the provisions of the Order issued by the Court on October 18, 2011 remain unchanged.
Pursuant to General Order No. 45 Section X(B), all of the signatories concur in the filing of this stipulation.
Pursuant to the foregoing stipulation, it is hereby ordered that:
1. Plaintiff shall have through and including December 14, 2011 to file an Amended Complaint or designate the Current Complaint as the Operative Complaint.
2. In all other respects, the provisions of the Order issued by the Court on October 18, 2011 remain unchanged.
IT IS SO ORDERED.