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 The opinion previously issued on December 28, 2010 is WITHDRAWN.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.