Phoenix Technologies Ltd. v. VMware, Inc.
Filing
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ORDER by Judge Haywood S. Gilliam, Jr. Granting 96 Joint Stipulation to Continue Certain Deadlines Relating to Fact Discovery. (ndrS, COURT STAFF) (Filed on 4/27/2016)
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COOLEY LLP
MICHAEL G. RHODES (116127)
(rhodesmg@cooley.com)
WHITTY SOMVICHIAN (194463)
(wsomvichian@cooley.com)
DREW KONING (263082)
(dkoning@cooley.com)
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
(415) 693-2000
Facsimile:
(415) 693-2222
COOLEY LLP
AMANDA A. MAIN (260814)
(amain@cooley.com)
3175 Hanover Street
Palo Alto, CA 94304-1130
Telephone:
(650) 843-5000
Facsimile:
(650) 849-7400
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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JOINT STIPULATION TO CONTINUE
CERTAIN DEADLINES RELATING TO
FACT DISCOVERY
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,
Counterdefendant.
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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO
STIPULATION & PROPOSED ORDER
TO CONTINUE CERTAIN DEADLINES;
CASE NO. 15-01414-HSG
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STIPULATION
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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 fact discovery.
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WHEREAS, the fact discovery deadline is April 29, 2016;
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WHEREAS, the deadline for serving responses to various written discovery is April 27
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and 29, 2016;
WHEREAS, per Civil Local Rule 37-3, May 6, 2016 is the last day on which the Parties
can file a motion to compel fact discovery;
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WHEREAS, the Parties are continuing to meet and confer in good faith to resolve
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numerous outstanding issues, for which a motion to compel is otherwise due on May 6, 2016; and
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WHEREAS, in an effort to avoid prematurely and unnecessarily raising issues with the
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Court, the Parties agree to a short extension of the deadline for responding to outstanding written
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discovery from April 27 and 29, 2016 to May 4, 2016, and also the deadline for filing a motion to
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compel fact discovery from May 6, 2016 to May 20, 2016.
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NOW, THEREFORE, Parties hereby stipulate and agree to the following deadlines:
Deadline for responding to outstanding written discovery is continued from
April 27 and 29, 2016 to May 4, 2016; and
Deadline for filing a motion to compel fact discovery is continued from May 6,
2016 to May 20, 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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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO
1.
STIPULATION & PROPOSED ORDER
TO CONTINUE CERTAIN DEADLINES;
CASE NO. 15-01414-HSG
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Dated: April 27, 2016
Dated: April 27, 2016
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COOLEY LLP
MORRISON & FOERSTER LLP
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/s/ Whitty Somvichian
Whitty Somvichian 1
/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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PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED.
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Date: April 27, 2016
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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
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I, Whitty Somvichian, 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 Arturo Gonzalez has
concurred in this filing.
2.
STIPULATION & PROPOSED ORDER
TO CONTINUE CERTAIN DEADLINES;
CASE NO. 15-01414-HSG
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