Plaintiff e.Digital Corporation (“e.Digital”) and Defendant Avid Technology, Inc.
(“Avid”) hereby move for a partial stay, through March 16, 2009, of this action as it relates to the
claims and counter-claims that e.Digital and Avid have asserted against each other. In support of
this Joint Motion, e.Digital and Avid state as follows:
1. e.Digital and Avid have reached a settlement in principal of their dispute and they
are negotiating the final terms of a settlement agreement. e.Digital and Avid expect to finalize
the settlement agreement and file a joint dismissal of their claims and counter-claims against
each other by March 16, 2009.
2. In light of the impending dismissal of e.Digital’s and Avid’s claims and counterclaims
against each other, a stay is necessary to avoid the parties expending unnecessary costs
and resources.
3. The granting of this Motion will not prejudice any party and is being sought in
good faith and not for the purpose of delay or any other improper purpose.
WHEREFORE, Plaintiff e.Digital Corporation and Defendant Avid Technology, Inc.
respectfully request that the Court grant their Joint Motion for Partial Stay and enter the
proposed order attached hereto.
Respectfully and jointly submitted this 6th day of February, 2009,
/s/ Matthew S. Yungwirth
L. Norwood Jameson
Matthew S. Yungwirth
Duane Morris LLP
1180 West Peachtree St., # 700
Atlanta GA 30309-3448
Tel: 404.253.6900
Fax: 404.253.6901
wjameson@duanemorris.com
msyungwirth@duanemorris.com
Gary R. Maze
Wesley W. Yuan
Duane Morris LLP
3200 Southwest Freeway
Ste 3150
Houston, TX 77027-7534
Tel.: 713.402.3900
Fax: 713.402.3901
grmaze@duanemorris.com
wwyuan@duanemorris.com
Michael C. Smith
Siebman, Reynolds, Burg, Phillips & Smith,
LLP – Marshall
713 South Washington Avenue
Marshall, Texas 75670
Tel.: 903.938.8900
Fax: 972.767.4620
michaelsmith@siebman.com
