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Phoenix Technologies Ltd., A Delaware Corporation v. Xtool Mobile Security

April 21, 2011

PHOENIX TECHNOLOGIES LTD., A DELAWARE CORPORATION,
PLAINTIFF,
v.
XTOOL MOBILE SECURITY, INC., A
NEVADA CORPORATION; PEDRO CAMARGO, AN INDIVIDUAL, AND VICTORIA CORREA, AN INDIVIDUAL,
DEFENDANT.



The opinion of the court was delivered by: Honorable James Ware United States District Chief Judge

KARINEH KHACHATOURIAN (SBN 202634) ES DIST Email: karineh.khachatourian@klgates.com AT Email: bryan.sinclair@klgates.com E BRYAN J. SINCLAIR (SBN 205885) S MICHAEL R. HAVEN (SBN 208721) T T Email: mike.haven@klgates.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

DISTRICT

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, and respectfully request that the Court enter an order extended the above referenced deadlines ...

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