Phoenix Technologies Ltd. v. DeviceVM et al

Filing 59

STIPULATION AND ORDER re 58 Stipulation, filed by Benedict Chong, Phoenix Technologies Ltd., DeviceVM. Signed by Magistrate Judge Elizabeth D. Laporte on January 6, 2010. (edllc2, COURT STAFF) (Filed on 1/6/2010)

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1 KARINEH KHACHATOURIAN (SBN 202634) Email: [e-mail] 2 BRYAN J. SINCLAIR (SBN 205885) Email: [e-mail] 3 JEFFREY M. RATINOFF (SBN 197241) Email: [e-mail] 4 MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO P.C. 5 5 Palo Alto Square - 6th Floor 3000 El Camino Real 6 Palo Alto, CA 94306-2155 Telephone: [phone] Facsimile: [phone] 8 Attorneys for Plaintiff and Counter-Defendant, PHOENIX TECHNOLOGIES LTD. 9 10 11 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION Case No. 4:09-cv-04697-CW (EDL) SECOND STIPULATION AND [PROPOSED] ORDER CONTINUING THE HEARING DATE AND BRIEFING SCHEDULE REGARDING DEFENDANTS' MOTION FOR PROTECTIVE ORDER BASED ON CAL. CIV. PROC. CODE § 2019.210 Complaint filed: Trial Date: July 17, 2009 None Set

13 PHOENIX TECHNOLOGIES LTD., a Delaware corporation, 14 Plaintiff, vs. 15 16 DEVICEVM, INC., a Delaware corporation, and BENEDICT CHONG, an individual, 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28

SECOND STIPULATION TO CONTINUE HEARING

Case No. 4:09-cv-04697-CW (EDL)

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STIPULATION WHEREAS, on December 21, 2009 Defendants DeviceVM, Inc. and Benedict Chong filed a

3 Motion for Protective Order Based on Cal. Civ. Proc. Code § 2019.210 ("the Motion") and set the 4 hearing date for January 26, 2010 at 9:00 a.m. before the Honorable Elizabeth D. Laporte; 5 WHEREAS, counsel for Defendants and Plaintiff Phoenix Technologies Ltd. ("Plaintiff")

6 appeared before the Honorable Elizabeth D. Laporte on December 22, 2009; 7 WHEREAS, counsel for Defendants and Plaintiff have agreed to a further continuance of

8 the hearing date and briefing schedule related to the Motion as a result of counsel for Plaintiff's 9 pending change of law firms; 10 ACCORDINGLY, the parties, by and through their undersigned counsel, HEREBY

11 STIPULATE to continue the Motion hearing date and briefing schedule as follows: 12 The last court day for Plaintiff to file its opposition to the Motion is

13 continued from January 12, 2010 to January 19, 2010; 14 The last court day for Defendants to file their reply is continued from January

15 19, 2010 to January 26, 2010; 16 The last court day for Plaintiff to submit its Rule 79-5 declaration in response

17 to Defendants' motion to seal is January 19, 2010; and 18 The hearing date for the Motion is continued from February 2, 2010 to

19 February 9, 2010 at 9:00 a.m. or as soon thereafter as the Court's schedule permits. 20 IT IS SO STIPULATED. MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, P.C. By: /s/ Bryan J. Sinclair KARINEH KHACHATOURIAN BRYAN J. SINCLAIR JEFFREY M. RATINOFF Attorneys for Plaintiff and Counter-Defendant, PHOENIX TECHNOLOGIES LTD.

21 Dated: January 5, 2010 22 23 24 25 26 // 27 // 28 //

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1 Dated: January 5, 2010 2 3 4 5 6 7 8 O'MELVENY & MYERS LLP By: /s/ Peter T. Snow STEPHEN J. AKERLEY ERIC J. AMDURSKY PETER T. SNOW Attorneys for Defendant and Counterclaimant, DEVICEVM, INC. and Defendant BENEDICT CHONG. ATTESTATION I, Bryan J. Sinclair, am the ECF User whose ID and password are being used to file this

9 Second Stipulation and [Proposed] Order Continuing the Hearing Date and Briefing Schedule 10 Regarding Defendants' Motion for Protective Order. In compliance with General Order 45. X.B., 11 I hereby attest that Peter T. Snowy has concurred in this filing. 12 Dated: January 5, 2010 13 14 15 16 17 18 PURSUANT TO STIPULATION, IT IS SO ORDERED. 19 January 6, 2010 20 Dated: ______________________ 21 22 23 24 25 26
4803888v.1

MINTZ LEVIN COHN FERRIS GLOVSKY AND POPEO, P.C. /s/ Bryan J. Sinclair By: KARINEH KHACHATOURIAN BRYAN J. SINCLAIR JEFFREY M. RATINOFF Attorneys for Plaintiff and Counter-Defendant, PHOENIX TECHNOLOGIES LTD.

THE HONORABLE ELIZABETH D. LAPORTE UNITED STATES MAGISTRATE JUDGE

27 28 -2SECOND STIPULATION TO CONTINUE HEARING Case No. 4:09-cv-04697-CW (EDL)