Phoenix Technologies Ltd. v. VMware, Inc.

Filing 54

ORDER by Judge Haywood S. Gilliam, Jr. Granting 53 Stipulated Request FOR REFERRAL TO SETTLEMENT CONFERENCE WITH MAGISTRATE JUDGE CORLEY. (ndrS, COURT STAFF) (Filed on 10/2/2015)

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
WHITTY SOMVICHIAN (194463)
([e-mail])
DREW KONING (263082)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
COOLEY LLP
AMANDA A. MAIN (260814)
([e-mail])
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Plaintiff and Counterdefendant
PHOENIX TECHNOLOGIES LTD.

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

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STIPULATED REQUEST FOR REFERRAL
TO SETTLEMENT CONFERENCE WITH
MAGISTRATE JUDGE CORLEY

v.

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Case No. 15-cv-01414-HSG

Judge:
Hon. Haywood S. Gilliam, Jr.
Courtroom: 15, 18th Floor
450 Golden Gate Avenue
San Francisco, CA

v.
Trial Date:

November 28, 2016

PHOENIX TECHNOLOGIES LTD. a
Delaware Corporation,

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Counterdefendant.

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

122071208

STIP. REQ. FOR REFERRAL TO SETTLEMENT
CONFERENCE WITH MAG. JG. CORLEY;
CASE NO. 15-01414-HSG

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STIPULATED REQUEST
This Stipulated Request is submitted by Phoenix Technologies Ltd. (“Phoenix”) and
VMware, Inc. (“VMware”) (collectively, the “Parties”).
WHEREAS, on June 25, 2015, the Parties participated in an initial ADR Phone
Conference call held by Howard A. Herman, Director of the Court’s ADR Program.

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WHEREAS, on September 22 and 29, 2015, the Parties participated in further ADR

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Phone Conferences with Mr. Herman and have agreed that this dispute should be referred to a

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settlement conference with the Honorable Magistrate Judge Jacqueline Scott Corley.

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NOW, THEREFORE, the Parties respectfully request that this Court refer this matter to a
settlement conference with the Honorable Magistrate Judge Jacqueline Scott Corley.

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IT IS SO STIPULATED.

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Dated: October 1, 2015

Dated: October 1, 2015

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COOLEY LLP

MORRISON & FOERSTER LLP

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/s/ Whitty Somvichian
Whitty Somvichian

/s/ Arturo J. González
Arturo J. González

Attorneys for Plaintiff and Counterdefendant
PHOENIX TECHNOLOGIES LTD.

Attorneys for Defendant and Counterclaimant
VMWARE, INC.

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

122071208

1.

STIP. REQ. FOR REFERRAL TO SETTLEMENT
CONFERENCE WITH MAG. JG. CORLEY;
CASE NO. 15-01414-HSG

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED. The matter will be referred for

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a settlement conference with the Honorable Magistrate Judge Jacqueline Scott Corley, on a

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mutually agreeable date to be determined among the parties and Judge Corley.

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Date: October 2, 2015

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_________________________________
The Honorable Haywood S. Gilliam, Jr.
United States District Judge

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

122071208

2.

STIP. REQ. FOR REFERRAL TO SETTLEMENT
CONFERENCE WITH MAG. JG. CORLEY;
CASE NO. 15-01414-HSG

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ATTESTATION
(Civil Local Rule 5-1 (i)(3))

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I, Whitty Somvichian, attest that concurrence in the filing of this document has been

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obtained from each of the other signatories. Executed on October 1, 2015 in San Francisco,

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California.

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/s/ Whitty Somvichian
Whitty Somvichian

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

122071208

3.

STIP. REQ. FOR REFERRAL TO SETTLEMENT
CONFERENCE WITH MAG. JG. CORLEY;
CASE NO. 15-01414-HSG