Phoenix Technologies Ltd. v. VMware, Inc.

Filing 104

ORDER by Judge Haywood S. Gilliam, Jr. Granting 101 Stipulation TO MODIFY CERTAIN EXPERT DISCOVERY DEADLINES. (ndrS, COURT STAFF) (Filed on 6/10/2016)

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MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
ARTURO J. GONZÁLEZ (CA SBN 121490)
[e-mail]
ALEXANDRIA A. AMEZCUA (CA SBN 247507)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
VMWARE, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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PHOENIX TECHNOLOGIES LTD. a
Delaware Corporation,
Plaintiff,

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v.

Defendant.
VMWARE, INC., a Delaware Corporation,
Counterclaimant,

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JOINT STIPULATION AND [PROPOSED]
ORDER TO MODIFY CERTAIN EXPERT
REPORT AND EXPERT DISCOVERY
DEADLINES

VMWARE, INC., a Delaware Corporation,

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Case No. 15-cv-01414-HSG

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

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STIPULATION AND [PROPOSED] ORDER RE EXPERT DISCOVERY
CASE NO. 3:15-cv-01414-HSG
sf-3662353

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STIPULATION AND PROPOSED ORDER

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Pursuant to Civil Local Rule 6-2, Phoenix Technologies Ltd. (“Phoenix”) and VMware,

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Inc. (“VMware”) (collectively, the “Parties”) file this joint stipulation requesting that the Court

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issue an Order modifying certain deadlines relating to expert discovery.

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WHEREAS, VMware’s rebuttal damages report deadline is June 10, 2016 (Dkt. No. 89);

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WHEREAS, Phoenix’s reply damages report deadline is June 27, 2016 (Id.);

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WHEREAS, the deadline for expert discovery is July 8, 2016 (Id.);

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WHEREAS, per Civil Local Rule 37-3, the last day on which the Parties can file a motion

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to compel expert discovery is July 15, 2016;
WHEREAS, the Parties agreed to a short extension of these deadlines to accommodate the
parties’ and certain experts’ schedules;
NOW, THEREFORE, Parties hereby stipulate and agree to the following deadlines:


2016 to June 13, 2016;

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



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The deadline for expert discovery is continued from July 8, 2016 to July 15, 2016;
and

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The deadline for Phoenix’s reply damages report is continued from June 27, 2016
to June 30, 2016;

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The deadline for VMware’s rebuttal damages report is continued from June 10,



The deadline for filing a motion to compel expert discovery is continued from
July 15, 2016 to July 22, 2016.

The Parties submit that the schedule modification proposed above would not change any

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other deadlines in this case or for the Court.

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IT IS SO STIPULATED.

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STIPULATION AND [PROPOSED] ORDER RE EXPERT DISCOVERY
CASE NO. 3:15-cv-01414-HSG
sf-3662353

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Dated: June 9, 2016

Dated: June 9, 2016

COOLEY LLP

MORRISON & FOERSTER LLP

/s/ Whitty Somvichian
Whitty Somvichian

/s/ Arturo J. González
Arturo J. González1

Attorneys for Plaintiff and Counterdefendant
PHOENIX TECHNOLOGIES LTD.

Attorneys for Defendant and Counterclaimant
VMWARE, INC.

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PURSUANT TO THE PARTIES’ STIPULATION,

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IT IS SO ORDERED.

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Date: ______________________
June 10, 2016

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__________________________________
Honorable Haywood S. Gilliam, Jr.
United States District Judge

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I, Arturo J. González, am the ECF User whose ID and password are being used to file this
Declaration. In compliance with Civil L.R. 5-1(i)(3) I hereby attest that Whitty Somvichian has
concurred in this filing.

STIPULATION AND [PROPOSED] ORDER RE EXPERT DISCOVERY
CASE NO. 3:15-cv-01414-HSG
sf-3662353

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