Phoenix Technologies Ltd. v. VMware, Inc.

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

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{101}} Stipulation TO MODIFY CERTAIN EXPERT DISCOVERY DEADLINES.

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1 MICHAEL A. JACOBS (CA SBN 111664) MJacobs@mofo.com 2 ARTURO J. GONZÁLEZ (CA SBN 121490) AGonzalez@mofo.com 3 ALEXANDRIA A. AMEZCUA (CA SBN 247507) AAmezcua@mofo.com 4 MORRISON & FOERSTER LLP 425 Market Street 5 San Francisco, CA 94105-2482 Telephone: 415.268.7000 6 Facsimile: 415.268.7522 7 Attorneys for Defendant VMWARE, INC. 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN FRANCISCO DIVISION 12 PHOENIX TECHNOLOGIES LTD. a Case No. 15-cv-01414-HSG 13 Delaware Corporation, JOINT STIPULATION AND [PROPOSED] 14 Plaintiff, ORDER TO MODIFY CERTAIN EXPERT REPORT AND EXPERT DISCOVERY 15 v. DEADLINES 16 VMWARE, INC., a Delaware Corporation, 17 Defendant. 18 VMWARE, INC., a Delaware Corporation, 19 Counterclaimant, 20 v. 21 PHOENIX TECHNOLOGIES LTD. a Delaware Corporation, 22 Counterdefendant. 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RE EXPERT DISCOVERY CASE NO. 3:15-cv-01414-HSG sf-3662353 1 STIPULATION AND PROPOSED ORDER 2 Pursuant to Civil Local Rule 6-2, Phoenix Technologies Ltd. ("Phoenix") and VMware, 3 Inc. ("VMware") (collectively, the "Parties") file this joint stipulation requesting that the Court 4 issue an Order modifying certain deadlines relating to expert discovery. 5 WHEREAS, VMware's rebuttal damages report deadline is June 10, 2016 (Dkt. No. 89); 6 WHEREAS, Phoenix's reply damages report deadline is June 27, 2016 (Id.); 7 WHEREAS, the deadline for expert discovery is July 8, 2016 (Id.); 8 WHEREAS, per Civil Local Rule 37-3, the last day on which the Parties can file a motion 9 to compel expert discovery is July 15, 2016; 10 WHEREAS, the Parties agreed to a short extension of these deadlines to accommodate the 11 parties' and certain experts' schedules; 12 NOW, THEREFORE, Parties hereby stipulate and agree to the following deadlines: 13  The deadline for VMware's rebuttal damages report is continued from June 10, 14 2016 to June 13, 2016; 15  The deadline for Phoenix's reply damages report is continued from June 27, 2016 16 to June 30, 2016; 17  The deadline for expert discovery is continued from July 8, 2016 to July 15, 2016; 18 and 19  The deadline for filing a motion to compel expert discovery is continued from 20 July 15, 2016 to July 22, 2016. 21 The Parties submit that the schedule modification proposed above would not change any 22 other deadlines in this case or for the Court. 23 IT IS SO STIPULATED. 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER RE EXPERT DISCOVERY 1 CASE NO. 3:15-cv-01414-HSG sf-3662353 1 2 Dated: June 9, 2016 Dated: June 9, 2016 3 COOLEY LLP MORRISON & FOERSTER LLP 4 /s/ Whitty Somvichian /s/ Arturo J. González 5 Whitty Somvichian Arturo J. González1 6 Attorneys for Plaintiff and Counterdefendant Attorneys for Defendant and Counterclaimant 7 PHOENIX TECHNOLOGIES LTD. VMWARE, INC. 8 9 10 PURSUANT TO THE PARTIES' STIPULATION, 11 IT IS SO ORDERED. 12 13 14 Date: ______________________ June 10, 2016 __________________________________ 15 Honorable Haywood S. Gilliam, Jr. 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 1 27 I, Arturo J. González, 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 Whitty Somvichian has 28 concurred in this filing. STIPULATION AND [PROPOSED] ORDER RE EXPERT DISCOVERY 2 CASE NO. 3:15-cv-01414-HSG sf-3662353