Board of Regents University of v. Phoenix Software International

Filing 920110210

Opinion

United States Court of Appeals
For the Seventh Circuit Chicago, Illinois 60604
February 9, 2011 Before JOEL M. FLAUM, Circuit Judge DIANE P. WOOD, Circuit Judge JOHN DANIEL TINDER, Circuit Judge No. 084164 BOARD OF REGENTS OF THE UNIVERSITY OF WISCONSIN SYSTEM, PlaintiffAppellee, v. PHOENIX INTERNATIONAL SOFTWARE, INC., DefendantAppellant. Appeal from the United States District Court for the Western District of Wisconsin No. 07 C 665 Barbara B. Crabb, Judge.

O R D E R The petition for rehearing is GRANTED. The opinion previously issued on December 28, 2010 is WITHDRAWN. The panel will rehear this case on March 30, 2011, with 20 minutes per side allowed for argument. Supplemental briefing, not to exceed 20 pages, will be allowed on the following questions: 1. Whether the district court erred in concluding that plaintiffappellee Board of Regents of the University of Wisconsin (Wisconsin) did not waive any sovereign immunity it may have had to the counterclaims asserted by defendantappellant Phoenix International Software (Phoenix), or otherwise consent to their adjudication in this case?

No. 084164

Page 2

2. Whether the counterclaims brought by Phoenix against Wisconsin are compulsory or permissive counterclaims under FED. R. CIV. P. 13? The simultaneous briefs are due not later than March 8, 2011. The rehearing argument will focus on these questions.