Phoenix Technologies Ltd. v. VMware, Inc.

Filing 97

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)
([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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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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130899998

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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