Phoenix Technologies Ltd. v. VMware, Inc.

Northern District of California, cand-4:2015-cv-01414

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.

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 PHOENIX TECHNOLOGIES LTD., Case No.15-cv-01414-HSG Plaintiff, 8 ORDER DIRECTING SUPPLEMENTAL v. FILING REGARDING PARTIES' 9 REQUESTS WITH RESPECT TO 10 VMWARE, INC., COSTS Defendant. Re: Dkt. No. 497 11 12 Northern District of California United States District Court 13 Pending before the Court is Defendant VMware, Inc.'s motion for review of the Clerk's 14 taxation of costs. See Dkt. No. 497. 15 Defendant sought $900,951.22 in its Second Amended Bill of Costs, filed September 20, 16 2017. Dkt. No. 483. On September 22, 2018, Plaintiff Phoenix Technologies, Ltd. objected to 17 $708,076.10 of the costs sought by Defendant. Dkt. No. 486. The Clerk subsequently taxed costs 18 in the amount of $187,626.44, disallowing $713,324.78 of Defendant's request. Dkt. No. 496. 19 With its pending motion, Defendant now purports to seek $900,853.72, see Dkt. No. 497 at 2, 20 although it later reduced the amount of its request by at least $4,883.56, see Dkt. No. 500 at 12. 21 Plaintiff, for its part, now objects to at least $785,139.16. See Dkt. No. 499 at 1. Moreover, the 22 parties are not always entirely clear regarding the final outcome they seek. 23 // 24 // 25 // 26 // 27 // 28 // 1 To assist the Court in deciding Defendant's pending motion, the Court DIRECTS the 2 parties to meet and confer and complete the chart attached hereto as Exhibit A. The parties shall 3 jointly submit the completed chart by May 25, 2018. Further, unless the Court directs the parties 4 otherwise, the matter will be deemed submitted upon the parties' submission of the chart and the 5 hearing set for May 23, 2018 is VACATED. 6 IT IS SO ORDERED. 7 Dated: May 22, 2018 8 9 HAYWOOD S. GILLIAM, JR. 10 United States District Judge 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2