UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
April 21, 2011
PHOENIX TECHNOLOGIES LTD., A DELAWARE CORPORATION,
XTOOL MOBILE SECURITY, INC., A
NEVADA CORPORATION; PEDRO CAMARGO, AN INDIVIDUAL, AND VICTORIA CORREA, AN INDIVIDUAL,
The opinion of the court was delivered by: Honorable James Ware United States District Chief Judge
KARINEH KHACHATOURIAN (SBN 202634) ES DIST Email: email@example.com AT Email: firstname.lastname@example.org E BRYAN J. SINCLAIR (SBN 205885) S MICHAEL R. HAVEN (SBN 208721) T T Email: email@example.com N IT IS SO ORDERED 4 K&L GATES LLP U AS MODIFIED A 630 Hansen Way Palo Alto, CA 94304 N Judge James Telephone: (650) 798-6700 O Ware Facsimile: (650) 798-6701 R Attorneys for Plaintiff / Counter-Defendant, RN F C PHOENIX TECHNOLOGIES LTD. 4/21/2011
STIPULATION AND PROPOSED ORDER TO EXTEND TIME AS MODIFIED BY THE COURT AND RELATED COUNTERCLAIMS.
Complaint Filed: July 2, 2009
Plaintiff and Counter-Defendant Phoenix Technologies Ltd. ("Phoenix"),
by and through
counsel, and Defendant and Counter-Claimant XTool Mobile Security,
Inc. ("XTool"), by and 23 through counsel (collectively the
"Parties"), stipulate and agree as follows: 24
WHEREAS the parties are currently engaged in settlement negotiations
in an attempt to
resolve this dispute informally; 26
WHEREAS, the Case Management Conference is currently scheduled to occur on April 25, 2011 at 10:00 a.m.; 28
WHEREAS, XTool's response to Phoenix's First Amended Complaint is due on April 18, 2011;
WHEREAS XTool's response to the Court's Notice of Intent to Grant Partial Summary Judgment in favor of Phoenix on XTool's claim for the first earn-out payment in the APA is due on April 29, 2011; 6
WHEREAS the original trial date of April 19, 2011 has been vacated;
WHEREAS the individual defendants have not yet been served with Phoenix's First Amended Complaint;
WHEREAS the parties believe focusing on settlement negotiations will
conserve both party
and judicial resources;
NOW, THEREFORE, the undersigned parties hereby stipulate and agree,
request that the Court enter an order extended the above referenced
deadlines by two weeks from 13 their current date. 14
I, Karineh Khachatourian, am the ECF user whose ID and password are being used to file this Stipulation and Proposed Order to Extend Time. In compliance with General Order 45, X.B., I 28 hereby attest that Jeremy Doyle has concurred with this filing.
IT IS SO ORDERED.
The Case Management Conference is continued from April 25, 2011 to May 23, 2011 at 10 a.m. On 3 or before May 13, 2011, the parties shall file a Joint Case Management Conference updating the Court 4 on the status of their settlement efforts. If no settlement has been reached, the parties shall provide a good faith proposed schedule as to how this case should proceed. 5
Dated: April _____, 2011
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