Phoenix Technologies Ltd. v. DeviceVM et al

Filing 17

ORDER re 16 granting STIPULATION REGARDING SCHEDULING MATTERS. Motion Hearing set for 12/10/2009 02:00 PM.. Signed by Judge Claudia Wilken on 11/5/09. (scc, COURT STAFF) (Filed on 11/5/2009)

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STEPHEN J. AKERLEY (S.B. #160757) [e-mail] ERIC AMDURSKY (S.B. #180288) [e-mail] PETER T. SNOW (S.B. #222117) [e-mail] O'MELVENY & MYERS LLP 2765 Sand Hill Road Menlo Park, California 94025 Telephone: [phone] Facsimile: [phone] JILLIAN R. WEADER (S.B. #251311) [e-mail] O'MELVENY & MYERS LLP 2 Embarcadero Center, 28th Floor San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants DeviceVM, INC. a Delaware corporation, and BENEDICT CHONG, an individual

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION PHOENIX TECHNOLOGIES, LTD., a Delaware corporation, Plaintiff, v. DEVICEVM, Inc., a Delaware corporation, and BENEDICT CHONG, an individual, Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. C 09-04697-CW STIPULATION AND ORDER REGARDING SCHEDULING MATTERS

STIPULATION AND [PROPOSED] ORDER CASE NO. C 09-04697-CW

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WHEREAS, on August 31, 2009, Plaintiff filed the First Amended Complaint in the Superior Court of the State of California in and for the County of Santa Clara; WHEREAS, on October 1, 2009, Defendants timely removed the case to this Court pursuant to its federal question jurisdiction under 28 U.S.C. § 1441(a); WHEREAS, on October 8, 2009, Defendants filed a Motion to Dismiss Counts 2, 3, 4 and 5 of the First Amended Complaint; WHEREAS, on October 16, 2009, this case was reassigned to the Honorable Claudia Wilken for all further proceedings; WHEREAS, on October 20, 2009, this Court entered a Case Management Scheduling Order for Reassigned Civil Case ("Case Management Order"), which set the hearing on Defendants' Motion to Dismiss for December 3, 2009; WHEREAS, the Case Management Order stated that Plaintiff's Opposition brief to Defendants' Motion to Dismiss shall be filed by November 12, 2009, and that Defendants' Reply brief in support of the Motion to Dismiss shall be filed by November 19, 2009; WHEREAS, the parties have met and conferred and agreed to continue the hearing date for Defendants' Motion to Dismiss due to a scheduling conflict on behalf of DeviceVM's lead counsel; NOW, THEREFORE, the undersigned parties hereby stipulate and agree, and respectfully request that the Court enter an order, as follows: 1. The hearing on Defendants' Motion to Dismiss shall be continued to December 10,

2009, at 2 p.m.; 2. 3. Plaintiff's Opposition brief shall remain due by no later than November 12, 2009; Defendants' Reply brief shall remain due by no later than November 19, 2009. O'MELVENY & MYERS LLP Dated: November 5, 2009 By: /s/ Stephen J. Akerley

IT IS SO STIPULATED.

Attorneys for Defendants DeviceVM, Inc. and Benedict Chong -1STIPULATION AND [PROPOSED] ORDER CASE NO. C 09-04697-CW

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MINTZ, LEVIN, COHN, FERRIS, GLOVSKY AND POPEO, P.C. By: /s/ Karineh Khachatourian Bryan Sinclair

Attorneys for Plaintiff Phoenix Technologies, Ltd.

I, Stephen J. Akerley, am the ECF User whose ID and password are being used to file this Stipulation and [Proposed] Order Regarding Scheduling Matters. In compliance with General Order 45, X.B., I hereby attest that Karineh Khachatourian has concurred in this filing. By: /s/ ________________________ Stephen J. Akerley

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

The Honorable Claudia Wilken United States District Judge

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STIPULATION AND [PROPOSED] ORDER CASE NO. C 09-04697-CW