Phoenix Technologies Ltd. v. VMware, Inc.

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

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{96}} Joint Stipulation to Continue Certain Deadlines Relating to Fact Discovery.

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1 COOLEY LLP MICHAEL G. RHODES (116127) 2 (rhodesmg@cooley.com) WHITTY SOMVICHIAN (194463) 3 (wsomvichian@cooley.com) DREW KONING (263082) 4 (dkoning@cooley.com) 101 California Street, 5th Floor 5 San Francisco, CA 94111-5800 Telephone: (415) 693-2000 6 Facsimile: (415) 693-2222 7 COOLEY LLP AMANDA A. MAIN (260814) 8 (amain@cooley.com) 3175 Hanover Street 9 Palo Alto, CA 94304-1130 Telephone: (650) 843-5000 10 Facsimile: (650) 849-7400 11 Attorneys for Plaintiff and Counterdefendant PHOENIX TECHNOLOGIES LTD. 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN FRANCISCO DIVISION 16 PHOENIX TECHNOLOGIES LTD. a Case No. 15-cv-01414-HSG 17 Delaware Corporation, JOINT STIPULATION TO CONTINUE 18 Plaintiff, CERTAIN DEADLINES RELATING TO FACT DISCOVERY 19 v. 20 VMWARE, INC., a Delaware Corporation, 21 Defendant. 22 VMWARE, INC., a Delaware Corporation, Judge: Hon. Haywood S. Gilliam, Jr. Courtroom: 15, 18th Floor 23 Counterclaimant, 450 Golden Gate Avenue San Francisco, CA 24 v. Trial Date: November 28, 2016 25 PHOENIX TECHNOLOGIES LTD. a Delaware Corporation, 26 Counterdefendant. 27 28 COOLEY LLP STIPULATION & PROPOSED ORDER ATTO RNEY S AT LAW SAN FRA NCI S CO TO CONTINUE CERTAIN DEADLINES; CASE NO. 15-01414-HSG 1 STIPULATION 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 fact discovery. 5 WHEREAS, the fact discovery deadline is April 29, 2016; 6 WHEREAS, the deadline for serving responses to various written discovery is April 27 7 and 29, 2016; 8 WHEREAS, per Civil Local Rule 37-3, May 6, 2016 is the last day on which the Parties 9 can file a motion to compel fact discovery; 10 WHEREAS, the Parties are continuing to meet and confer in good faith to resolve 11 numerous outstanding issues, for which a motion to compel is otherwise due on May 6, 2016; and 12 WHEREAS, in an effort to avoid prematurely and unnecessarily raising issues with the 13 Court, the Parties agree to a short extension of the deadline for responding to outstanding written 14 discovery from April 27 and 29, 2016 to May 4, 2016, and also the deadline for filing a motion to 15 compel fact discovery from May 6, 2016 to May 20, 2016. 16 NOW, THEREFORE, Parties hereby stipulate and agree to the following deadlines: 17  Deadline for responding to outstanding written discovery is continued from 18 April 27 and 29, 2016 to May 4, 2016; and 19  Deadline for filing a motion to compel fact discovery is continued from May 6, 20 2016 to May 20, 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 COOLEY LLP STIPULATION & PROPOSED ORDER ATTO RNEY S AT LAW SAN FRA NCI S CO 1. TO CONTINUE CERTAIN DEADLINES; CASE NO. 15-01414-HSG 1 2 Dated: April 27, 2016 Dated: April 27, 2016 3 COOLEY LLP MORRISON & FOERSTER LLP 4 /s/ Whitty Somvichian /s/ Arturo J. González Whitty Somvichian 1 Arturo J. González 5 6 Attorneys for Plaintiff and Counterdefendant Attorneys for Defendant and Counterclaimant PHOENIX TECHNOLOGIES LTD. VMWARE, INC. 7 8 9 10 PURSUANT TO THE PARTIES' STIPULATION, IT IS SO ORDERED. 11 12 13 Date: April 27, 2016 __________________________________ The Honorable Haywood S. Gilliam, Jr. 14 United States District Judge 15 130899998 16 17 18 19 20 21 22 23 24 25 26 1 27 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 28 concurred in this filing. COOLEY LLP STIPULATION & PROPOSED ORDER ATTO RNEY S AT LAW 2. TO CONTINUE CERTAIN DEADLINES; SAN FRA NCI S CO CASE NO. 15-01414-HSG