Bd. of Regents, Univ. of Wis. v. Phoenix Intern.
This text of 630 F.3d 570 (Bd. of Regents, Univ. of Wis. v. Phoenix Intern.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604
February 9, 2011
Before
JOEL M. FLAUM, Circuit Judge
DIANE P. WOOD, Circuit Judge
JOHN DANIEL TINDER, Circuit Judge
No. 08‐4164
BOARD OF REGENTS OF THE Appeal from the United States District UNIVERSITY OF WISCONSIN SYSTEM, Court for the Western District Plaintiff‐Appellee, of Wisconsin
v. No. 07 C 665
PHOENIX INTERNATIONAL Barbara B. Crabb, SOFTWARE, INC., Judge. Defendant‐Appellant.
O R D E R
The petition for rehearing is GRANTED. The opinion previously issued on December 28, 2010 is WITHDRAWN. The panel will rehear this case on March 30, 2011, with 20 minutes per side allowed for argument.
Supplemental briefing, not to exceed 20 pages, will be allowed on the following questions:
1. Whether the district court erred in concluding that plaintiff‐appellee Board of Regents of the University of Wisconsin (Wisconsin) did not waive any sovereign immunity it may have had to the counterclaims asserted by defendant‐appellant Phoenix International Software (Phoenix), or otherwise consent to their adjudication in this case? No. 08‐4164 Page 2
2. Whether the counterclaims brought by Phoenix against Wisconsin are compulsory or permissive counterclaims under FED. R. CIV. P. 13?
The simultaneous briefs are due not later than March 8, 2011. The rehearing argument will focus on these questions.
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