Phoenix Technologies Ltd. v. VMware, Inc.

Filing 501

ORDER DIRECTING SUPPLEMENTAL FILING REGARDING PARTIES REQUESTS WITH RESPECT TO COSTS Re Docket No. 497 . Signed by Judge Haywood S. Gilliam, Jr. on 5/22/2018. (Attachments: # 1 Exhibit A)(ndrS, COURT STAFF) (Filed on 5/22/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PHOENIX TECHNOLOGIES LTD.,
Plaintiff,

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v.

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VMWARE, INC.,
Defendant.

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United States District Court
Northern District of California

Case No.15-cv-01414-HSG
ORDER DIRECTING SUPPLEMENTAL
FILING REGARDING PARTIES’
REQUESTS WITH RESPECT TO
COSTS
Re: Dkt. No. 497

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Pending before the Court is Defendant VMware, Inc.’s motion for review of the Clerk’s

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taxation of costs. See Dkt. No. 497.
Defendant sought $900,951.22 in its Second Amended Bill of Costs, filed September 20,

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2017. Dkt. No. 483. On September 22, 2018, Plaintiff Phoenix Technologies, Ltd. objected to

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$708,076.10 of the costs sought by Defendant. Dkt. No. 486. The Clerk subsequently taxed costs

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in the amount of $187,626.44, disallowing $713,324.78 of Defendant’s request. Dkt. No. 496.

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With its pending motion, Defendant now purports to seek $900,853.72, see Dkt. No. 497 at 2,

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although it later reduced the amount of its request by at least $4,883.56, see Dkt. No. 500 at 12.

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Plaintiff, for its part, now objects to at least $785,139.16. See Dkt. No. 499 at 1. Moreover, the

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parties are not always entirely clear regarding the final outcome they seek.

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To assist the Court in deciding Defendant’s pending motion, the Court DIRECTS the

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parties to meet and confer and complete the chart attached hereto as Exhibit A. The parties shall

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jointly submit the completed chart by May 25, 2018. Further, unless the Court directs the parties

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otherwise, the matter will be deemed submitted upon the parties’ submission of the chart and the

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hearing set for May 23, 2018 is VACATED.

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IT IS SO ORDERED.
Dated: May 22, 2018

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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