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Phoenix Technologies, Ltd. v. Devicevm

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 22, 2010

PHOENIX TECHNOLOGIES, LTD., A DELAWARE CORPORATION, PLAINTIFF,
v.
DEVICEVM, INC., A DELAWARE CORPORATION, AND BENEDICT CHONG, AN INDIVIDUAL, DEFENDANTS.
DEVICEVM, INC., A DELAWARE CORPORATION, COUNTERCLAIMANT,
v.
PHOENIX TECHNOLOGIES LTD., A DELAWARE CORPORATION, COUNTERCLAIM-DEFENDANT.

The opinion of the court was delivered by: The Honorable Elizabeth D. Laporte United States Maigstrate Judge

January 21, 2010

Judge: Hon. Elizabeth D. Laporte

THIRD JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING THE BRIEFING SCHEDULE REGARDING DEFENDANTS' MOTION FOR PROTECTIVE ORDER BASED ON CAL. CIV. PROC. CODE § 2019.210 20 AS MODIFIED Hearing Date: Feb. 9, 2010

STIPULATION

WHEREAS, on December 21, 2009, Defendant/Counterclaimant DeviceVM, Inc. and Defendant Benedict Chong (collectively, "Defendants") filed a Motion for Protective Order Based on Cal. Civ. Proc. Code § 2019.210 ("Motion") (Doc. No. 41);

WHEREAS, at the request of Plaintiff Phoenix Technologies Ltd. ("Plaintiff"), on January 5, 2010, Defendants stipulated to an extension of the deadline for Plaintiff to oppose the Motion to January 19, 2010 (Doc. No. 58).

WHEREAS, on January 19, 2010, Plaintiff filed an opposition to the Motion (Doc. No. 64) and served Defendants with an Amended Statement of Trade Secrets, accompanied by fifty-five documents totaling 984 pages (see Doc. No. 64 p. 3, n. 2);

WHEREAS, the parties have agreed to a further continuance of the briefing schedule for the Motion to provide adequate time for Defendants and their expert to review the Amended Statement of Trade Secrets and accompanying documents;

WHEREAS, Defendants' review of these documents is necessary to determine whether Defendants have any objection to Plaintiff's Amended Statement of Trade Secrets under Cal. Civ. Proc. Code § 2019.210, or if the Motion is now moot;

ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY STIPULATE to continue the Motion briefing schedule as follows:

The last court day for Defendants to file a reply in support of the Motion is continued from January 26, 2010 to February 2, 2010.

The hearing date on the Motion shall remain February 9, 2010.

IT IS SO STIPULATED.

ATTESTATION

I, Peter T. Snow, am the ECF User whose ID and password are being used to file this Joint Stipulation and [Proposed] Order that Motion to Dismiss Counterclaim for Tortious Interference

Is Now Moot. In compliance with General Order 45. X.B., I hereby attest that Bryan Sinclair has 21 concurred in this filing.

Dated: January 21, 2010

PURSUANT TO STIPULATION, IT IS SO ORDERED.

The hearing date for the Motion is continued to February 16, 2010 at 9:00 a.m.

20100122

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