Phoenix Technologies, Ltd. v. Xtool Mobile Security, Inc.

Filing 255

STIPULATION AND ORDER RE: DISMISSAL. Signed by Judge James Ware on 7/5/11. (sis, COURT STAFF) (Filed on 7/5/2011)

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Attorneys for Plaintiff/Counter-Defendant,
PHOENIX TECHNOLOGIES LTD.

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DERED

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KARINEH KHACHATOURIAN (SBN 202634)
Email: [e-mail]
MICHAEL R. HAVEN (SBN 208721)
Email: [e-mail]
K&L GATES LLP
630 Hansen Way
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: [phone]

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NORTHERN DISTRICT OF CALIFORNIA

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UNITED STATES DISTRICT COURT

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SAN JOSE DIVISION

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PHOENIX TECHNOLOGIES LTD., a
Delaware Corporation,
Plaintiff,
v.

Case No. 5:09-CV-02980 JW (PSG)
STIPULATION AND [PROPOSED]
ORDER RE: DISMISSAL

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XTOOL MOBILE SECURITY, INC., a Nevada
Corporation; Pedro Camargo, an individual, and
Victoria Correa, an individual,

Judge:
Room:

Honorable James Ware
5, 17th Floor

Defendants.
AND RELATED COUNTERCLAIMS

Complaint Filed:
Trial Date:

July 2, 2009
TBD

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Stipulation and [Proposed] Order Re: Dismissal - Case No. 5:09-CV-02980 JW (PSG)

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Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the parties hereby stipulate to

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the dismissal of this action, including all claims and counterclaims, with prejudice in its entirety with

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each party bearing its own costs and fees. The Clerk of Court shall terminate all pending motions

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as withdrawn.

K&L GATES LLP

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Dated: July 1, 2011

By: /s/ Karineh Khachatourian
Karineh Khachatourian

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Attorneys for Phoenix Technologies Ltd.

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REYNOLDS FRIZZELL BLACK DOYLE
ALLEN & OLDHAM, LLP

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Dated: July 1, 2011

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By: /s/ Jeremy L. Doyle
Jeremy L. Doyle
Attorneys for XTool Mobile Security, Inc.

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ORDER
Upon the parties’ stipulation, and good cause appearing therefor,
IT IS SO ORDERED.

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Dated: July ___, 2011
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By:
Honorable James Ware
United States District Court Judge

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Stipulation and [Proposed] Order Re: Dismissal - Case No. 5:09-CV-02980 JW (PSG)

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SIGNATURE ATTESTATION
Pursuant to General Order No. 45(X)(B), I hereby attest that I have obtained the concurrence
in the filing of this document from all the signatories for whom a signature is indicated by a
“conformed” signature (/s/) within this e-filed document and I have on file records to support this
concurrence for subsequent production for the court if so ordered or for inspection upon request.

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Dated: July 1, 2011

By: /s/ Karineh Khachatourian
Karineh Khachatourian

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Attorney for Phoenix Technologies Ltd.

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PL-54535 v1

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Stipulation and [Proposed] Order Re: Dismissal - Case No. 5:09-CV-02980 JW (PSG)