Phoenix Technologies Ltd. v. VMware, Inc.
ORDER by Magistrate Judge Donna M. Ryu denying 102 Discovery Letter Brief. (dmrlc1, COURT STAFF) (Filed on 6/16/2016)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
PHOENIX TECHNOLOGIES LTD.,
Case No. 15-cv-01414-HSG (DMR)
ORDER DENYING DEFENDANT’S
MOTION TO COMPEL
Re: Dkt. No. 102
United States District Court
Northern District of California
The fact discovery cut-off in this matter was April 29, 2016. Pursuant to Civil Local Rule
37-3, “no motions to compel fact discovery may be filed more than 7 days after the fact discovery
cut-off.” At the parties’ joint request, the court extended the motion to compel deadline to May
20, 2016. [Docket No. 97.] On June 9, 2016, the parties filed a joint discovery letter in which
Defendant VMware, Inc. moves to compel Plaintiff Phoenix Technologies Ltd. (“Phoenix”) to
supplement four interrogatory responses. [Docket No. 102.] VMWare’s motion is thus three
VMWare asserts that it agreed not to raise Phoenix’s allegedly deficient interrogatory
responses by the May 20, 2016 extended deadline based on Phoenix’s representation that it would
supplement its responses. Phoenix did supplement its responses, but VMWare believes they are
still deficient. By deciding to postpone taking action, especially after receiving a two-week
extension, VMWare assumed the risk that the court would deny any late-filed motion as untimely.
VMWare’s motion is denied as untimely.
IT IS SO ORDERED.
Dated: June 16, 2016
Donna M. Ryu
United States Magistrate Judge
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