Board of Regents of the University of Wisconsin System v. P H O E N I X I N T E R N A T I O N A Lsoftware, Inc.

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
UNIVERSITY OF WISCONSIN SYSTEM,
Plaintiff‐Appellee,
v.
P H O E N I X I N T E R N A T I O N A L
SOFTWARE, INC.,
Defendant‐Appellant.
Appeal from the United States District
Court for the Western District
of Wisconsin
No. 07 C 665
Barbara B. Crabb,
Judge.
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December 28, 2010 is WITHDRAWN.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?

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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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