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SCO v. IBM Timeline


IBM Timeline

SCO Group v. International Business Machines, Inc.

Utah U.S. District Court - Pacer - paid service;
History for 2:03cv00294 [Pacer, free, March '03 - April 2005
- the free version of the docket is on Wayback Archive, up through the 400s,
but only some of the documents are available free from that page.]

Assigned originally to Judge Dale A. Kimball;
currently, as of 2013, the case is assigned to Judge David Nuffer

[Note: Pending motions are in red text. For those who are color blind, look for the word pending.]
Jump to: [--] [50] [100] [150] [200] [250] [300] [350] [400] [450] [500] [550] [600] [650] [700] [750] [800] [850] [900] [950] [1000] [1050] [1100] [1150] [Deadlines]

DOCKET # DATE ACTION ACTOR
[--] 06‑Mar‑2003 Caldera Caldera Systems Inc.'s (d/b/a The SCO Group) Complaint filed March 6, 2003 in Utah state court, Third Judicial District of Salt Lake County. [Article] [This complaint is Exhibit 1 to [835]; SCO also made a PDF available on its website. [Update: It's now available on Internet Archive, along with Exhibits A (AT&T Technologies, Inc. Software Agreement, SOFT-00015), B (SUB-00015A), C (Feb 1, 1985 letter to IBM from AT&T) and D (IBM, Novell, Santa Cruz Amendment X, 1996). This original Utah state complaint is the only SCO court filing Groklaw has in its collection from that source.] [Article]
[Text]
Caldera
[--] 25-Mar-2003 David Boies, Stephen N. Zack and Mark J. Heise file Notice of requirement for appearance Caldera
[--] 25-Mar-2003 July flag set Court
[01] 25-Mar-2003 Notice of Removal from District Court Court
[02] 25-Mar-2003 Rule 7 disclosure statement. [Note: the docket says this is a Caldera Filing.] IBM
[--] 26-Mar-2003 Case assigned to Judge Dale A. Kimball Court
[--] 26-Mar-2003 Memo of recusal signed by Judge Paul G. Cassell Court
[03] 27-Mar-2003 NTC of recusal of Judge Paul G. Cassell and reassignment to Judge Dale A. Kimball. cc: atty Court
[04] 27-Mar-2003 Motion and Order signed by Judge Paul G. Cassell , 27-Mar-2003 Granting motion/PHV for Attorney Evan R. Chesler, Thomas G. Rafferty on behalf of defendant Intl Bus Mach Inc cc:attys IBM/Court
[05] 27-Mar-2003 Certificate of election filed by plaintiff Caldera Sys Refer to: normal litigation track Caldera
[06] 31-Mar-2003 Certificate of election filed by defendant Intl Bus Mach Inc Refer to: normal litigation track IBM
[07] 01-Apr-2003 Parties file joint motion to extend IBM time to respond to complaint until 20-Apr-2003 [Referenced by [08].] IBM/Caldera
[08] 02-Apr-2003 Order granting joint motion [07] to extend time to Respond. Court
[09] 04-Apr-2003 Amended Joint motion by Caldera Sys, Intl Bus Mach Inc to extend time to dft to respond to complaint to 30-Apr-2003 [Referenced by [10].] IBM/Caldera
[10] 07-Apr-2003 Order granting [9-1] joint motion to extend time to dft to respond to complaint to 30-Apr-2003, answer due set for 5:00 30-Apr-2003 for Intl Bus Mach Inc signed by Judge Dale A. Kimball , 4-Apr-2003 cc:atty Court
[11] 14-Apr-2003 Motion and Order signed granting motion/PHV for attys Fred O. Goldberg, Leonard K. Samuels for Caldera Court
[12] 25-Apr-2003 Notice of filing by Intl Bus Mach Inc's counsel re: registration and name change IBM
[13] 30-Apr-2003 Answer to Complaint; jury demand [Referenced by [15].] [Article] IBM
[14] 30-Apr-2003 Motion and Order granting motion/PHV for attys Mark J. Heise, Stephen Neal Zack, Debra Weiss Goodstone, David Boies for Caldera Court
[15] 20‑May‑2003 Amended [13-1] Answer to Complaint; Jury Demand [Affirmative Defenses Article.] [Article]
[Text]
IBM
[16] 16-Jun-2003 Magistrate Notice of Hearing Initial Pretrial Conference set for 9:30 13-Aug-2003 To be held before Judge Nuffer Court
[17] 13-Jun-2003 IBM files certificate of service of first set of Interrogatories and Request for Production of Documents on Caldera
[Text of the Interrogatory itself; see also docket [45] Exhibit D]
IBM
[18] 16-Jun-2003 Caldera Motion to Amend Complaint [Referenced by [21].] Caldera
[19] 16-Jun-2003 Caldera Memorandum in Support of Motion to Amend Complaint Caldera
[20] 24-Jun-2003 Caldera files Certificate of Service re First Request for Production of Documents and First Set of Interrogatories Caldera
[21] 07-Jul-2003 IBM files Memorandum in Response to Motion [18] to Amend Complaint [Article] IBM
[--] 10-Jul-2003 Terminated deadlines Court
[22] 10-Jul-2003 Order granting Motion to Amend signed by Kimball Court
[23] 10-Jul-2003 Scheduling Order: Setting; Joining of parties, amending of pleadings on 01-Oct-2003; Deadline for filing of all motions 10-Nov-2004; Discovery cutoff 22-Oct-2004; Attorney Conference by 11-Mar-2005; Final Pretrial Conference for 2:30 28-Mar-2005; 5 Week Jury Trial for 8:30 11-Apr-2005.Rule 26(f)(1) cnf held. Expert witness disclosure dates set. Not referred to ADR. Discovery limits set. Signed by Judge David Nuffer
[Referenced by [129] [130] [158] [176] [177].]
Court
[24] 19-Jul-2003 Report of Attorney Planning Meeting IBM/Caldera
[--] 22-Jul-2003 Terminated party, Caldera Systems per filing Amended Complaint (SCO Group now) Caldera
[25] 22-Jul-2003 Amended Complaint, added party SCO Group filed. [ABI Article]
Exhibit A - Software Agreement - IBM-AT&T - 1985 Soft-00015 [text]
Exhibit B - Sublicensing Agreement [Text] [Note; same document as [41] Exhibit B.]
Exhibit C - Letter Agreement [text]
Exhibit D - Amendment X [text], Agreement No. SOFT-2538 [Text]
Exhibit E - 100-Day Notice [Text]
Exhibit F - Sequent Software Agreement
Exhibit G - Sublicensing Agreement [Referenced by [108].]
[Article]
[Text]
SCO
[26] 04-Aug-2003 Certificate of service in regard to its responses to IBM's First Set of Interrogatories and First Request for Production of Documents [Text] SCO
[27] 06-Aug-2003 IBM files Answer to Amended Complaint, counterclaim, jury demand [Article, Article] [Article]
[Text]
IBM
[28] 14-Aug-2003 Cert. of service by IBM re IBM's Responses & Objections to SCO's First Set of Interrogatories and First Request for Production of Documents IBM
[29] 25-Aug-2003 Stipulation filed by parties to extend time for SCO to respond to IBM's Answer to Amended Complain with Counterclaim IBM/SCO
[30] 26-Aug-2003 Order granting stipulated motion to extend time to answer filed Court
[31] 26-Aug-2003 Subpoena served on Canopy Group by IBM c/o Ralph Yarro [Article]
[Text]
IBM
[32] 08-Sep-2003 Stipulation to amend filed
[33] 08-Sep-2003 Order filed granting Stipulation to amend, scheduling order Court
[34] 09-Sep-2003 Canopy objections to subpoena filed [Text] Canopy
[--] 10-Sep-2003 Case referred to magistrate under 28:636(b)(1)(A). Court
[35] 10-Sep-2003 Order of reference signed by Kimball re 636(b)(1)(A). Mag Judge to hear & determine any nondispositive pretrial matters. Court
[36] 15-Sep-2003 Case referred to Judge Brooke C. Wells Court
[37] 16-Sep-2003 IBM files certificate of service regarding 2nd set of Interrogatories and 2nd Request for Production of Documents IBM
[38] 16-Sep-2003 Stipulated Protective order signed by Kimball
[Referenced by [663] [1082] [1083].]
[Text] Court
[39] 22-Sep-2003 SCO files Motion to extend time to respond to IBM's Answer with Counterclaim to the amended Complaint to 15-Oct-2003 SCO
[40] 23-Sep-2003 Order granting motion signed by Kimball Court
[41] 25-Sep-2003 IBM files Amended Counterclaims [Article, article, article, article, Novell letters, Comparison Chart with [58], Comparison Chart 1 & Chart 2 of IBM Counterclaims [41] and SCO's answers [58] & [100-B]/[112].]
[Referenced by [25] [123] [124] [127].]
[Text] IBM
[--] 26-Sep-2003 Stephen N. Zack and Mark J. Heise added as attorneys for SCO pro hac SCO
[42] 26-Sep-2003 Motion to extend time to answer IBM's amended counterclaim and add parties until 04-Feb-2004. [Referenced by [43].] [Article]
[Text]
SCO
[43] 29-Sep-2003 Order filed granting motion [42] to extend time to answer and add parties [Text] Court
[44] 01-Oct-2003 IBM files Motion to Compel Discovery, Memorandum in Support, Exhibits
[Referenced by [45] [63] [94].]
[Article]
[Text]
IBM
[45] 01-Oct-2003 Memorandum in support of [44-1] motion to compel Discovery
Exhibit A - IBM letter of April 2, 2003 [text];
Exhibit B - IBM Letter of May 5, 2003 [text];
Exhibit C - Maureen O'Gara, LinuxWorld [still available on Internet Archive here];
Exhibit D - Defendant IBM's First Set of Interrogatories and First Request for the Production of Documents [text];
Exhibit E - Plaintiff's Responses to Defendants First Set of Interrogatories and First Request for the Production of Documents [text];
Exhibit F - SCOSource Slide show [as Powerpoint on SCO's website here and on Bruce Perens' site as HTML] [Article];
Exhibit G - Shaughnessy letter of August 27, 2003 [text];
Exhibit H - Heise letter of September 8, 2003 [Text] [text];
Exhibit I - Shaughnessy letter of August 29, 2003 [text];
Exhibit J - Plaintiff's First Request for Production of Documents and First Set of Interrogatories [text; IBM's Objections] [Referenced by [17] [46].]
[Article]
[Text]
IBM
[46] 01-Oct-2003 Exhibits re: [45-1] support memorandum [Text] IBM
[47] 03-Oct-2003 Certificate of service filed re SCO's request for admissions SCO
[48] 10-Oct-2003 Entered: 14-Oct-2003 Certificate of service by Intl Bus Mach Inc re: first supplemental responses and objections to SCO's first set of interrogatories IBM
[49] 14-Oct-2003 Entered: 15-Oct-2003 Motion to extend time to respond to IBM's Amended Counterclaims SCO
[50] 15-Oct-2003 Order granting motion to extend time to respond to IBM's Amended Counterclaims Against SCO signed by Judge Dale A. Kimball filed: 17-Oct-2003 Court
[--] 17-Oct-2003 Entered: 17-Oct-2003 Add attorney for IBM David R. Marriott [Article] IBM
[51] 16-Oct-2003 Motion to extend time to respond to IBM's second set of interrogatories and second request for production of documents. [Referenced by [98].] [Article]
[Text]
SCO
[52] 17-Oct-2003 Motion to extend time to 24-Oct-2003 for pla to resp to mot/compel [Referenced by [98].] [Article]
[Text]
SCO
[53] 17-Oct-2003 Memorandum in opposition to motion to extend time to 24-Oct-2003 for plaintiff to respond to motion to compel [Text]
[Text]
IBM
[54] 20-Oct-2003 Substitute Motion to extend time by SCO (corrected) [Text]
[Text]
SCO
[55] 23-Oct-2003 Memorandum in Opposition To Motion to Compel Discovery, entered 24-Oct-2003. [Article] [Article] [Article]
[Text]
SCO
[56] 23-Oct-2003 Certificate of service re: pla's supp responses to dft's first set of interrogs SCO
[57] 23-Oct-2003 Certificate of service re: pla's supp responses to dft's second set of interrogs and second set of requests for prod of docs by SCO Grp SCO
[58] 24-Oct-2003 Entered 28-Oct-2003 SCO Answer to IBM's Amended Counterclaims. [Comparison Chart with [41] Comparison Chart 1 & Chart 2 of IBM Counterclaims [41] and SCO's answers [58] & [100-B]/[112].] [Article]
[Text]
SCO
[59] 28-Oct-2003 Motion to Extend Time Granted by Administrative Judge Wells Court
[60] 30-Oct-2003 Certificate of service re: Dft IBM's third set of interrogatories and third request for prod of docs by Intl Bus Mach Inc [Article] IBM
[61] 30-Oct-2003 Certificate of service re: subp served on Baystar Capital, The Yankee Group, Renaissance Research Group, Deutsche Bank Securities (ce) [Article]
[Article]
IBM
[62] 31-Oct-2003 Minute entry: Counsel for both parties present. Discussion held re: status of discovery. Parties to reconvene for a status conference set for 21-Nov-2003 at 10:00 a.m. before Judge Wells. If at that time it is determined that a hearing should be held re: Motion to Compel, that hearing will be set for 05-Dec-2003 at 10:00 a.m. Court adjourned. status conference set for 10:00 21-Nov-2003, Motion hearing set for 10:00 05-Dec-2003 for motion to compel Discovery ; Judge: BCW Court Reporter: Electronic Tape No.: 29 Log No.: 6030-6325 Court Deputy: alp [Article]
[Transcript]
Court
[--] 03-Nov-2003 Added for Intl Bus Mach Inc attorney Amy F. Sorenson IBM
[63] 03-Nov-2003 Reply to response to [44-1] motion to compel Discovery [Referenced by [64].] [Text] IBM
[64] 03-Nov-2003 Addendum to [63-1] response reply. [Text] IBM
[65] 04-Nov-2003 Certificate of service re: Dft IBM's Responses and Objections to SCO's First Request for Admissions by Intl Bus Mach Inc IBM
[66] 04-Nov-2003 SCO Motion to Compel Discovery
[Referenced by [67] [70] [79] [84] [88] [98] [109].]
[Article]
[Text]
SCO
[67] 04-Nov-2003 SCO Memorandum in Support of Motion [66] to Compel [Article]
[Text1]
[Text2]
SCO
[68] 06-Nov-2003 IBM 2nd Motion to Compel Discovery [Referenced by [88] [94].] [Text] IBM
[68] 06-Nov-2003 Notice of filing re: Certificate of Compliance with rule 37(a)(2)(A) [Note: the docket has two entries #68, but the two documents are merged in one filing.] IBM
[69] 06-Nov-2003 IBM Memorandum in Support [Exhibit A Article, ] [Text] IBM
[70] 07-Nov-2003 SCO Exhibits to Motion [66] to Compel Discovery.
Exhibit A - IBM's Responses and Objections to SCO's 1st Interrogatories and Request for Documents.
Exhibit B - IBM letter of 15-Sep-2003.
Exhibit C - Heise letter of 22-Sep-2003. [text]
SCO
[71] 10-Nov-2003 Notice of Hearing Status Conference 21-Nov-2003, Judge Wells Court
[72] 10-Nov-2003 Magistrate Notice of Hearing Motion set 05-Dec-2003 - Motion to Compel Discovery, Judge Wells, both SCO's and IBM's Court
[73] 10-Nov-2003 IBM Motion to Strike SCO's 5th, 15th, 19th Affirmative Defenses
[Referenced by [88] [93] [98].]
[Article]
[Text]
IBM
[74] 10-Nov-2003 IBM Memorandum in Support of Motion to Strike
Exhibit 1 - IBM's Amended Counterclaims [text]
Exhibit 2 - SCO's Answer to IBM's Amended Counterclaims [text]
Exhibit 3 - Copies of unpublished decisions referred to in Memorandum [text]
[Article]
[Text]
IBM
[75] 10-Nov-2003 SCO Subpoenas for Discovery (Linus et al) [Article] [FSF Subpoena [Article], [Text].] [Article]
[Article]
SCO
[76] 10-Nov-2003 Certificate of service of Discovery SCO
[77] 18-Nov-2003 David K. Markarian added as attorney for SCO [note ct. clerk wrote IBM, but that is an error] SCO
[78] 20-Nov-2003 Amended Magistrate Notice of Hearing - time change only Court
[79] 19-Nov-2003 IBM Memorandum in Opposition to SCO Motion [66] to Compel Discovery [Exhibits A-F as Text] [Referenced by [84].] [Article]
[Text]
IBM
[80] 21-Nov-2003 Transcript of court hearing before Judge Wells. Minute entry:Counsel present. After discussion with counsel, the motion to compel hearing will remain set for 05-Dec-2003 at 10:00. Court Adjourned. [Article] Court
[81] 24-Nov-2003 Memorandum in opposition to motion to compel discovery [Article]
[Text]
SCO
[82] 25-Nov-2003 Memorandum in opposition to motion to strike the 5th, 15th, and 19th affirmative defenses asserted by the SCO Grp in its Answers to IBM's Amended Counterclaims [Text] SCO
[83] 26-Nov-2003 Motion to extend time for pla to respond to dft IBM's third set of interrogatories and third request for production of documents [Referenced by [88] [98].] [Text] SCO
[84] 01-Dec-2003 Reply Memorandum in Support. Reply to Response [79] to Motion [66] to Compel Discovery. [Article] [Article]
[Text]
SCO
[85] 02-Dec-2003 Certificate of service re: Subpoenas Duces Tecum upon Northrop Grumman Corp; Sun Microsystems, Inc.; Schwartz Communications, Inc. for the production of documents by 16-Dec-2003. IBM
[86] 03-Dec-2003 Reply Memorandum in Support to response to motion to compel discovery [Article]
[Text]
IBM
[87] 03-Dec-2003 Declaration of Todd M. Shaughnessy Re:motion to compel discovery [Text] IBM
[88] 05-Dec-2003 Minute entry: Counsel for both parties present. The Court hears arguments re: Motion to Compel [68]. Court Grants motion. Plaintiff is to provide responses/affidavits within 30 days of the entry of this order. All other discovery is to be postponed until the order has been complied with. An order reflecting this ruling is to be prepared by counsel for defendant. A motion hearing is scheduled for 23-Jan-2004 at 10:00 a.m. Court is adjourned. granting [68] motion to compel discovery. Motion hearing set for 10:00 23-Jan-2004 for [66] motion to Compel Discovery, set for 10:00 23-Jan-2004 for [73] motion strike the 5th, 15th, and 19th affirmative defenses asserted by the SCO Grp in its Answers to IBM' Amended Counterclaims, set for 10:00 23-Jan-2004 for [83] motion to extend time for pla to respond to IBM's third set of interrogatories and third request for production of documents. [Groklaw Court Report 1, Report 2, Article, Article, Transcript [PDF], [Text].] [Article] Court
[89] 05-Dec-2003 Magistrate Notice of Hearing Motion - hearing set for 10:00 23-Jan-2004 for motion to extend time for pla to respond to dft IBM's third set of interrogatories and third request for production of documents, set for 10:00 23-Jan-2004 for motion to strike the 5th, 15th, and 19th affirmative defenses asserted by the SCO Grp in its Answers to IBM' Amended Counterclaims, set for 10:00 23-Jan-2004 for motion to Compel Discovery, set for 10:00 23-Jan-2004 for motion to extend time to 24-Oct-2003 for pla to resp to mot/compel, set for 10:00 23-Jan-2004 for motion to extend time to respond to dft IBM's second set of interrogatories and second request for production of documents, set for 10:00 23-Jan-2004 for motion to compel Discovery To be held before Judge Wells. [Article] Court
[90] 09-Dec-2003 Corrected Certificate of service re: second request for production/interrogatories SCO
[91] 04-Dec-2003 Notice of attorney appearance for SCO Grp by Kevin P McBride SCO
[92] 05-Dec-2003 Certificate of service re: resp/objections to IBM's third set of interrogatories/request for production of docs SCO
[93] 10-Dec-2003 Reply to response to [73-1] motion to strike the 5th, 15th, and 19th affirmative defenses asserted by the SCO Grp in its Answers to IBM' Amended Counterclaims (Doc. 93-1) [Text] IBM
[94] 12-Dec-2003 Order granting [68] motion to compel discovery, granting [44] motion to compel Discovery. The SCO Group is hereby Ordered: 1) To respond fully and in detail to Interrogatory Nos. 1-9 as stated in IBM's First Set of Interrogatories. 2) To respond fully and in detail to Interrogatory Nos 12 and 13 as stated in IBM's Second Set of Interrogatories. 3) IBM is to provide SCO a list of requested documents as stated in IBM's First and Second Requests for the Production of Documents and SCO is to produce all requested documents. 4) To identify and state with specificity the source code(s) that SCO is claiming form the basis of their action against IBM. This is to include identification of all Bates numbered documents previously provided. 5) To the extent IBM's requests call for the production of documents or are met by documents SCO has already provided, SCO is to identify with specificity the location of responsive answers including identification of the Bates numbered documents previously providd if applicable. 6) If SCO does not have sufficient information in its possession, custody, or control to specifically answer any of IBM's requests that are the subject of this order, SCO shall provide an affidavit setting forth the full nature of its efforts, by whom thy were taken, what further efforts it intends to utilize in order to comply, and the expected date of compliance. SCO is required to provide such answers and documents within thirty days from the date of this order. All other discovery, including SCO's Motion to Compel is hereby Stayed until this Court determines that SCO has fully complied with this Order. The Court will hold a hearing on the forgoing issues January 23, 2004 at 10:00 a.m. Signed by Judge Brooke C. Wells , 12-Dec-2003 [Text] Court
[95] 18-Dec-2003 Order, for transcript of proceedings for hearing held 05-Dec-2003, before the magistrate judge in the above entitiled case, to be prepared by a certified court reporter and paid for by the clerk's office, USDC, signed by Judge Brooke C. Wells , 16-Dec-2003 cc:atty Court
[96] 13-Jan-2004 Notice of Compliance with Court Order of 12-Dec-2003 [Referenced by [97].] [Text] SCO
[97] 13-Jan-2004 Declaration of Ryan E. Tibbitts Re: [96-1] file notice (blk) [Text] SCO
[98] 21-Jan-2004 Magistrate Notice of Hearing Motion hearing set for 10:00 06-Feb-2004 for all pending motions: [83-1] motion to extend time for pla to respond to dft IBM's third set of interrogatories and third request for production of documents, set for 10:00 06-Feb-2004 for [73-1] motion to strike the 5th, 15th, and 19th affirmative defenses asserted by the SCO Grp in its Answers to IBM' Amended Counterclaims, set for 10:00 06-Feb-2004 for [66-1] motion to Compel Discovery, set for 10:00 06-Feb-2004 for [52-1] motion to extend time to 24-Oct-2003 for pla to resp to mot/compel, set for 10:00 06-Feb-2004 for [51-1] motion to extend time to respond to dft IBM's second set of interrogatories and second request for production of documents To be held before Judge Wells cc:atty ( Ntc generated by: JD) (blk) [Article] Court
[99] 20-Jan-2004 Certificate of service re: pla's revised supplemental response to dft's first and second set of interrogatories. [Article]
[Text]
SCO
[100] 04-Feb-2004 Plaintiff's Motion for Leave to File Amended Pleadings.
- Exhibit A - Proposed Second Amended Complaint [text] and [ analysis of copyright claim ] (Exhibit A - IBM Software Agreement, Exhibit B - IBM Sublicensing Agreement, Exhibit C - Letter agreement of February 1, 1985, Exhibit D - Supplement 170, Exhibit E - Amendment X, Exhibit F - Sequent Software Agreement, Exhibit G - Sequent Sublicensing Agreement, Exhibit H-U - Copyright Registrations)
- Exhibit B - Proposed Amended and Additional Affirmative Defenses [text] [Comparison Chart 1 & Chart 2 of IBM Counterclaims [41] and SCO's answers [58] & [100-B]/[112].] [Article, Article] [Referenced by [106] [107].]
[Text] SCO
[101] 04-Feb-2004 Notice of Filing Plaintiff's Exhibits for Use at Hearing on Febuary 6, 2004.
Exhibit 1 - SCO's Source Log of documents that have been produced [Text]
Exhibit 2 - IBM's Responses and Objections to SCO's First Request for Admissions [text]
Exhibit 3 - Spreadsheet listing documents sought in SCO's First Request for Production to IBM [text]
Exhibit 4 - SCO's Notice of Compliance and attached Declaration dated January 12, 2004
[Text] SCO
[102] 04-Feb-2004 Plaintiff SCO's Memorandum of Law in Support of Motion for Leave to File Amended Pleadings [Text] SCO
[103] 05-Feb-2004 IBM's Report on SCO's Compliance With the Court's December 12, 2003 Order.
Exhibit 1 - SCO Revised Supplemental Response to IBM's First and Second Interrogatories, Exhibit 2 - IBM letter of January 30, 2004 [text] [side-by-side with SCO letter], Exhibit 3 - SCO letter of February 4, 2004 [text] [side-by-side with IBM letter], Exhibit 4 - List of files IBM thinks SCO identified in its revised response [text], Exhibit 5 - Rough draft of portion of transcript from Darl McBride's Harvard Speech [text].
[Text] IBM
[104] 06-Feb-2004 Pre-hearing conference in chambers, Motion Hearing, 1.) arguments on SCO's compliance with Court's order of 12-Dec-2003, need for further measures, 2.) SCO's motions for reciprocal discovery. Court to issue an additional order as quickly as possible. [Groklaw Court report 1, report 2, Article, Article, Transcript, Article] [Text] Court
[105] 17-Feb-2004 Notice of filing of change of atty address [Entry date 18-Feb-2004] [Text] SCO
[106] 19-Feb-2004 Response Memorandum to SCO's [100-1] motion for leave to file Amended Pleadings [Text] IBM
[107] 25-Feb-2004 Order granting [100-1] motion for leave to file Amended Pleadings signed by Judge Brooke C. Wells , 25-Feb-2004 cc:atty [Text] Court
[108]
[Pending]
27-Feb-2004 Second Amended complaint by SCO Grp; no parties added. Amends [108-1] amended complaint; jury demand [Note: It must amend [25]. Comparison Chart between [108] and [126].] [Text] SCO
[109] 03-Mar-2004 Order regarding SCO's Motion [66] to Compel Discovery and IBM's Motion to Compel Discovery; (Please see the order for all information, as this is an extensive order). Ordering both parties to file affidavits re compliance with this order; and additional memoranda addressing the impact of the second amended complaint and IBM's subsequent answer on IBM's Motion to Strike the 5th, 15th, and 19th Affirmative Defenses asserted by SCO in its Answers to IBM's Amended Counterclaims. IBM is to file its initial memoranda with the court withing 60 days of the entry of this order. SCO will then have 15 days to respond. IBM will have 7 days to reply to this response. Following the additional briefing, the Court will contact parties to schedule a hearing regarding IBM's motion to strike SCO's affirmative defenses. (Please see the order for all information, as this is an extensive order) Signed by Judge Brooke C. Wells , 03-Mar-2004 cc:atty [Referenced by [138] [139].] [Article]
[Text]
Court
[110] 05-Mar-2004 Addendum to Stipulated Protective Order Signed by Judge Dale A. Kimball 05-Mar-2004 cc: atty (Computer Associates International, Inc) [Text] Court
[111] 10-Mar-2004 Motion and Order signed by Judge Dale A. Kimball, 10-Mar-2004 Granting motion/PHV (pro hac vice) for Attorney Scott E. Gant on behalf of counter-defendant SCO Grp, plaintiff SCO Grp cc:attys Court
[112] 10-Mar-2004 Amended answer to amended counterclaim : amends [58-1] counter answer. [Comparison Chart 1 & Chart 2 of IBM Counterclaims [41] and SCO's answers [58] & [100-B]/[112].] [Text]
[Text]
SCO
[113] 11-Mar-2004 Exhibits, re: Second Amended Complaint SCO
[115] 12-Mar-2004 Stipulation to Extend Time for IBM to respond to 2nd Amended Complaint up to and including 19-Mar-2004 IBM/SCO
[116] 15-Mar-2004 Order signed by Judge Dale A. Kimball, granting stipulation motion to extend time for IBM to responde to 2nd Amended Complaint up to and including 19-Mar-2004 [Text] Court
[117] 19-Mar-2004 Stipulation to extend time; joint motion by IBM and SCO to extend time to respond to 2nd Amended Complaint up to and including 26-Mar-2004 [Text] IBM/SCO
[118] 22-Mar-2004 Order granting stipulation motion to extend time to respond to 2nd Amended Complaint up to and including 26-Mar-2004 Court
[119] 25-Mar-2004 Acceptance of service of Subpoena Duces Tecum as to IBM [Article] S2
[120] 24-Mar-2004 Motion to Bifurcate
[Referenced by [121] [132] [137] [177].]
[Article]
[Article]
[Text]
SCO
[121] 24-Mar-2004 Memorandum in support of motion to bifurcate [120-1] [Article]
[Article]
[Text]
SCO
[122] 24-Mar-2004 Certificate of Service, notice of service of Subpoenas Duces Tecum.
Subpeona - Morgan Keegan : Morgan Keegan & Co., Inc. [Text], Subpeona - EV1 : Everyone's Internet, Ltd., Subpeona - Oracle : Oracle Corporation, Subpeona - Royce : Royce & Associates, Inc., Subpeona - CAI : Computer Associates International, Inc., Subpeona - Center7 : Center 7, Inc., Subpeona - Novell : Novel, Inc., Subpeona - Canopy : The Canopy Group, Subpeona - S2 : S2 Strategic Consulting, LLC.
[Article] IBM
[123] 26-Mar-2004 Motion to Amend amended counterclaim [41-1] [Alternate [PDF].] [Referenced by [124].] [Article]
[Text]
IBM
[124] 26-Mar-2004 Order signed by Judge Dale A. Kimball, Granting motion [123-1] to amend [41-1] amended counterclaim [Text] Court
[125] 26-Mar-2004 Certificate of Service, re: 4th Request for Prod/Docs & 4th set of interrogs SCO
[126]
[Pending]
26-Mar-2004 Answer to 2nd Amended Complaint [Comparison Chart between [108] & [126].] [Text] IBM
[127]
[Pending]
29-Mar-2004 2nd Amended Counterclaim amending [41-1] amended claim [Referenced by [141].] [Text] IBM
[128] 30-Mar-2004 Certificate of service re: 4th set of interrogatories and 4th request for production of documents IBM
[129] 05-Apr-2004 Motion to Amend Scheduling Order [23-1]
[Referenced by [148] [158] [176] [177].]
[Article]
[Text]
SCO
[130] 05-Apr-2004 Memorandum in Support of Motion to Amend Scheduling Order [23-1] [Article]
[Text]
SCO
[131] 07-Apr-2004 Certificate of service re: SCO's Objections to IBM's Amended Notice of Deposition SCO
[132] 12-Apr-2004 Response to Motion to Bifurcate [120-1] [Article]
[Text]
IBM
[133] 05-Apr-2004 Certificate of Service of SCO's Objections to IBM's Notice of Deposition SCO
[134] 15-Apr-2004 Stiplulation to Extend Time by Parties and Order Granting Stipulation Motion to Extend Time for SCO to Respond to IBM's Amended Counterclaims to 23-Apr-2004 and for IBM to Respond to SCO's Motion to Amend the Scheduling Order up to 30-Apr-2004. [Text] IBM/SCO
/Court
[--] 19-Apr-2004 Add Party (Private) - S2 Strategic Consult.Objections to Deposition Court
[135] 19-Apr-2004 Certificate of Service - Responses SCO to 3rd Set of Interrogatories [Article] SCO
[136] 19-Apr-2004 S2 Strategic Consult.Objections to Subpoena Duces Tecum, and Response [Article]
[Text]
Court
[137] 19-Apr-2004 Reply to Response to Motion to Bifurcate [120-1] [Article]
[Text]
SCO
[138] 19-Apr-2004 Declaration of Chris Sontag Re: [109-1] [Article]
[Text]
SCO
[139] 21-Apr-2004 Declaration of Todd Shaughnessy re: [109-1] [Article]
[Text]
IBM
[140] 20-Apr-2004 Certificate of Service re 2nd Supplementary Responses and Objections to SCO's 1st Set of Interrogatories; Responses and Objections to SCO's 2nd Set of Interr. and 2nd Request for the Production of Documents; and Responses and Objections to SCO's 3rd Set of Interr. and 3rd Req. for Prod. of Docs. [Article] IBM
[141]
[Pending]
23-Apr-2004 Answer to Counterclaim [127-1] [Article]
[Text]
SCO
[142] 23-Apr-2004 Motion to Dismiss, Separate, Stay - Motion by SCO to Dismiss Counterclaim, or in alternative to Separate, or to Stay, Counts 9, 10, 14 of IBM's 2nd Amended Counterclaims
[Referenced by [143] [144] [158] [159] [176].]
[Text] SCO
[143] 23-Apr-2004 Memorandum in Support of Motion to Dismiss [142-1], Separate [142-2], or Stay [142-3] Counts 9, 10, 14 of IBM's 2nd Amended Counterclaims [Text] SCO
[144] 26-Apr-2004 Corrected/Amended Motion to Dismiss [142-1], Separate [142-2] or Stay [142-3] -- Corrected Motion is now Motion to Dismiss or to Stay Count 10 of IBM's 2nd Amended Counterclaims
[Referenced by [155] [159] [188] [209] [254] [268] [302] [398].]
[Text] SCO
[--] 03-May-2004 Attorney Added - Nathan E. Wheatley for IBM IBM
[145] 03-May-2004 Certificate of Service - Responses & Objections to SCO's 4th Set of Requests for Production of Docs and 4th Set of Interrogatories IBM
[146] 05-May-2004 Stipulation, Misc. Relief re Briefing for Pending Motions [Referenced by [147].] IBM/SCO
[147] 05-May-2004 Order Granting [146-1] [Referenced by [150] [151].] [Text] Court
[148] 14-May-2004 Memorandum in Opposition to [129-1] Motion to Amend Scheduling Order [Article]
[Text]
IBM
[149] 14-May-2004 Certificate of Service - re: 5th Request for Production of Docs IBM
[150] 14-May-2004 Stipulation to Amend [147-1] Order Setting Briefing on Pending Motions. IBM's Memo in Opp. to Motion to Dismiss Due 18-May-2004; SCO's Reply Memo in Support of Motion to Dismiss Due 01-Jun-2004 [Referenced by [151].] IBM/SCO
[151] 18-May-2004 Order Granting [150-1] Stipulated Motion to Amend [147-1] Order Setting Briefing on Pending Motions.
[Referenced by [160] [161] [167].]
Court
[152] 18-May-2004 Cross Motion for Partial Summary Judgment on Claim for Declaratory Judgment of Non-Infringement.
[Referenced by [153] [154] [157] [159] [206] [209] [250] [256] [257] [268] [302] [398].]
[Article]
[Text]
IBM
[153] 18-May-2004 Memorandum in Support of [152-1] [Article]
[Text]
IBM
[154] 18-May-2004 Declaration of Daniel Frye re: [152-1] [Text] IBM
[155] 18-May-2004 Memorandum in Opposition to [144-1] Amended Motion to Dismiss; [144-2] Amended Motion to Stay Count Ten [Referenced by [156].] [Article]
[Text]
IBM
[156] 18-May-2004 Declaration of Amy Sorenson re: [155-1] Memorandum in Opposition.
(a) Exhibit 1 is SCO's Opening Brief in Support of its Motion to Dismiss in Red Hat, Inc. v. The SCO Group, Inc., Civ. No. 03-772, (D. Del.), dated September 15, 2003. (b) Exhibit 2 is the Memorandum Order issued by Judge Sue L. Robinson in the Red Hat case on April 6, 2004. (c) Exhibit 3 is SCO's Opposition to Red Hat's Motion for Reconsideration in Red Hat, dated May 4, 2003. [Text] (d) Exhibit 4 is a letter from D. McBride to L. Noto, dated May 12, 2003. (e) Exhibit 5 is "Event Transcript: SCO Group (SCOX) Conference Call", dated July 21, 2003. (f) Exhibit 6 is a transcript of the December 5, 2003 hearing before Magistrate Judge Wells. (g) Exhibit 7 is a form letter from R. Tibbitts to "Linux User", dated December 19, 2003. (h) Exhibit 8 is AutoZone, Inc.'s Motion to Stay or, in the Alternative, For a More Definite Statement, filed April 23, 2004 in The SCO Group, Inc. v. AutoZone, Inc., Case No. CV-S-04-0237 (D. Nev.).
[Text] IBM
[157] 19-May-2004 Declaration of Todd M. Shaughnessy re: [152-1] Cross Motion for Partial Summary Judgment on Claim for Declaratory Judgment of NonInfringement [Exhibits 1-42] [Text] IBM
[158] 26-May-2004 Notice of Hearing. Motion hearing set for 10:30 08-Jun-2004 for [142-1] motion or, in the alternative to separate, set for 10:30 [129-1] motion to amend [23-1] scheduling order. To be held before Judge Kimball. Court
[159] 26-May-2004 Notice of Hearing. Motion hearing set for 3:00 04-Aug-2004 for [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement, set for 3:00 04-Aug-2004 for [144-1] amended motion to Dismiss, set for 3:00 04-Aug-2004 for [142-1] motion to dismiss counterclaim. To be held before Judge Kimball. Court
[160] 26-May-2004 Stipulation to Amend [151-1] briefing order -- SCO's reply memorandum in support of Motion to Dismiss due 14-Jun-2004. [Referenced by [161] [167].] IBM/SCO
[161] 27-May-2004 Order granting [160-1] stipulation motion to amend [151-1] briefing order: SCO's reply memo in support of motion to dismiss due 14-Jun-2004. [Text] Court
[--] 28-May-2004 Miscellaneous Document. Proposed document from SCO Grp entitled Pla's Reply Memo in Support of Motion to Amend the Scheduling Order (tsh). (Entered: 01-Jun-2004) [Article] SCO
[162] 28-May-2004 Motion and Order signed by Kimball granting Motion/PHV for Attorney Robert Silver on behalf of SCO. [Article] Court
[163] 28-May-2004 Memorandum Re Discovery [Referenced by [186] [316].] [Article]
[Article]
[Text]
SCO
[164] 28-May-2004 Ex Parte Motion for leave to file overlength reply memo in support of Motion to Amend the Scheduling Order. [Referenced by [166].] [Article]
[Text]
SCO
[165] 28-May-2004 Certificate of Service re SCO's Response to IBM's 4th Set of Interrogatories. [Article] SCO
[166] 02-Jun-2004 Order granting [164-1] Ex Parte Motion for leave to file overlength reply memo [Text] Court
[167] 02-Jun-2004 Reply to Response to Motion [160-1] stip to motion to amend [151-1] briefing order as follows: SCO's reply memo in support of motion to dismiss due 14-Jun-2004 [Article]
[Text]
SCO
[168] 03-Jun-2004 Expedited Motion and Memorandum for a Protective Order
[Referenced by [172] [174] [175] [182].]
[Article]
[Text]
SCO
[169] 03-Jun-2004 Motion & Order pro hac vice - granting motion/PHV for Attorney David S. Stone for SCO [Article]
[Text]
Court
[170] 03-Jun-2004 Motion & Order pro hac vice - granting motion/PHV for Attorney Robert A. Magnanini for SCO Court
[171] 03-Jun-2004 Motion & Order pro hac vice - granting motion/PHV for attorney Michael Macmanus for SCO [Article] Court
[172] 04-Jun-2004 Memorandum in Opposition to [168-1] Expedited Motion for Protective Order; Exhibit A; Exhibit B [Text] [Article]
[Text]
IBM
[173] 07-Jun-2004 Motion & Order pro hac vice - granting motion/PHV for attorney Frederick S. Frei, John K. Harrop, Aldo Noto for SCO [Article] Court
[174] 04-Jun-2004 Reply to Response to [168-1] Expedited Motion for Protective Order [Text] SCO
[175] 08-Jun-2004 Minute entry - telephone hearing with both parties re [168-1] expedited motion for protective order. Court denies motion due to lateness of the objection and inconvenience to the parties already scheduled for deposition. IBM to prepare an order denying motion for protective order. Judge Wells. [Text] Court
[176] 08-Jun-2004 Minute entry - motion hearing deadline - hearing held for [142-1] motion or, in the alternative to separate, held for [129-1] motion to amend [23-1] scheduling order [142-2] Motion or, in the alternative to separate taken under advisement [129-1] motion to amend [23-1] Scheduling order taken under advisement; Judge Kimball. [Groklaw Court Reports, Transcript as alternate PDF.] [Article]
[Text]
Court
[--] 09-Jun-2004 Transcript of Proceedings for dates of 21-Nov-2003 Court
[177] 10-Jun-2004 Order granting in part, denying in part [129-1] motion to amend [23-1] Scheduling order. Denying [120-1] motion to bifurcate. Scheduling Order amended as follows: discovery set for 22-Apr-2005, motion filing deadlilne set for 20-May-2005. Final pretrial conference set for 2:30 10-Oct-2005, 5-week jury trial set for 8:30 01-Nov-2005. See below for further deadlines.
[Referenced by [377] [410] [420] [436].]
[Article]
[Text]
Court
[178] 14-Jun-2004 Notice of Hearing - amended notice of hearing -- final pretrial conference reset for 2:30 11-Oct-2005. To be held before Judge Kimball. Court
[179] 14-Jun-2004 Stipulation to briefing for pending motions [Referenced by [181].] SCO
[180] 14-Jun-2004 Certificate of Service re response to IBM's 5th Request for Production of Documents SCO
[181] 14-Jun-2004 Order granting [179-1] stipulation motion re briefing for pending motions. [Text] Court
[182] 16-Jun-2004 Order by Judge Wells denying [168-1] expedited motion for protective order [re depositions]. [Text] Court
[183] 21-Jun-2004 Stipulation re briefing for pending motions. Pending motions are: IBM's Partial Summary Judment; SCO's Motion to Dismiss; SCO's Memorandum Regarding Discovery. Stipulated that briefing should proceed as follows: IBM's Supplement Memorandum in Opposition to Motion to Dismiss due 28-Jun-2004; IBM's response to SCO's Memorandum Re Discovery due 23-Jun-2004; SCO's Reply Memorandum Re Discovery due 12-Jul-2004; IBM's Reply Memorandum in Support of Motion for Summary Judgment due 26-Jul-2004; SCO's Reply Memorandum in Support of Motion to Dismiss due 26-Jul-2004; and SCO's Reply Memorandum in Support of Motion to Dismiss due 26-Jul-2004. [Referenced by [185].] SCO
[184] 23-Jun-2004 Order by Judge Wells - Affidavits and declarations intended for use at depositions must be produced to opposing party at least 48 hours prior to deposition. [Referenced by [602].] Court
[185] 22-Jun-2004 Order by Judge Kimball granting [183-1] re briefing for pending motions. Pending motions are: IBM's Partial Motion for Summary Judgment; SCO's Motion to Dismiss, and SCO's Memorandum Regarding Discovery. Stipulated that briefing should proceed as follows: IBM's Supplemental Memorandum in Oppositon to Motion to Dismiss due 28-Jun-2004; IBM's Response to SCO's Memorandum re Discovery due 23-Jun-2004; SCO's Reply Memorandum re Discovery due 12-Jul-2004; IBM's Reply Memorandum in Support of Motion for Summary Judgment due 26-Jul-2004; SCO's Reply Memorandum in Support of Motion to Dismiss due 26-Jul-2004; and SCO's Reply Memorandum in Support of Motion to Dismiss due 26-Jul-2004. Court
[186] 23-Jun-2004 Response to [163-1] SCO's Memorandum re Discovery [Exhibit A Decl. of Joan Thomas (text); Exhibit B, SCO exhibit from February hearing] [Text] IBM
[187] 25-Jun-2004 Certificate of service by SCO re SCO's Amended Responses to IBM's 4th Set of Interrogatories. SCO
[188] 29-Jun-2004 Supplemental Memorandum by IBM in Opposition to [144-1] Amended Motion to Dismiss, [144-2] or to Stay Count Ten of IBM's Second Amended Counterclaims Against SCO. [Article]
[Text]
IBM
[189] 07-Jul-2004 Ex parte motion by SCO for leave to file overlength memorandum re: renewed motion to compel [Text]
[Article]
SCO
[190] 07-Jul-2004 SCO's Renewed Motion to Compel Discovery
[Referenced by [193] [205] [211] [217] [223] [264] [284] [285] [327] [328] [395].]
[Article]
[Text]
SCO
[191] 07-Jul-2004 [Sealed] Exhibits G, H, I and J to Memorandum in Support of SCO's Renewed Motion to Compel. [Note: A redacted version is available as [484].] SCO
[192] 08-Jul-2004 Order Granting Plaintiff's Ex Parte Motion for Leave to File Overlength Memorandum IBM
[193] 08-Jul-2004 Memorandum by SCO in support of [190-1] Renewed Motion to Compel Discovery [Exhibits] [Text] [Article]
[Text]
SCO
[194] 09-Jul-2004 Certificate of service re: production of documents by SCO IBM
[195] 09-Jul-2004 The SCO Group's Rule 56(f) Motion in Further Opposition to IBM's Motion for Partial Summary Judgment on Claim for Declaratory Judgment of Non-Infringement and SCO Memorandum in Support
[Referenced by [197] [198] [199] [200] [302] [398].]
[Article]
[Text]
SCO
[196] 09-Jul-2004 Ex parte motion for leave to file overlength memorandum in opposition to IBM's Motion for Summary Judgment on its tenth counterclaim for declaratory jgm of non-infringement [Referenced by [200] [201].] [Text] SCO
[197] 09-Jul-2004 [Sealed] Declaration in Support of SCO's Opposition to IBM's Cross-Motion for Partial Summary Jgm [195]. Declaration and Exhibits filed under seal. [Note: A redacted version is available as [467] and [497].] [Referenced by [200].] SCO
[198] 09-Jul-2004 [Sealed] Declarations in Support of SCO's Motion for Continuance Pursuant to Rule 56(f) [195]. Declarations and exhibits filed under seal. [Note: A redacted version is available as [476] and [485].] [Referenced by [200].] SCO
[199] 09-Jul-2004 Declaration of John Harrop Re: [195-1] motion in further opposition to IBM's Motion for Partial Summary Jgm, [195-1] opposition memorandum [Referenced by [200].] [Text] SCO
[200] 09-Jul-2004 Certificate of service [199-1] declaration, [198-1] document(s), [197-1] document(s), [--] received proposed document, [196-1] ex parte motion for leave to file overlength memorandum in opposition to IBM's Motion for Summary Judgment on its tenth counterclaim for declaratory jgm of non-infringement, [195-1] motion in further opposition to IBM's Motion for Partial Summary Jgm, [195-1] opposition memorandum by SCO Grp Court
[201] 12-Jul-2004 Order granting [196-1] Ex Parte Motion for Leave to File Over-length Memorandum in Opposition to IBM's Motion for Summary Judgment on its Tenth Counterclaim for Declaratory Judgment of Non-infringement [Article] Court
[202] 13-Jul-2004 Ex Parte Motion for Leave to File Over-length Memorandum Re: Discovery [Referenced by [204].] [Article] SCO
[203] 13-Jul-2004 [Sealed] Delaration of Chris Sontag in Support of Reply Memorandum Regarding Discovery. Additional attachment(s) added on 04-Aug-2005 (blk, ). Modified on 04-Aug-2005 by unsealing document and adding document image (blk, ). [Note: A redacted version is available as [468].] SCO
[204] 13-Jul-2004 Order by Judge Kimball granting [202-1] Ex Parte Motion for Leave to File Over-length Memorandum re: Discovery [Article] Court
[205] 13-Jul-2004 Reply to Response to [190-1] Motion to Compel Discovery [Article] [Article]
[Text]
SCO
[206] 14-Jul-2004 Memorandum in Opposition to [152-1] IBM's Motion for Summary Judgment on its Tenth Counterclaim for Declaratory Judgment of Non-Infringement [Note: Alternates [PDF] [PDF]. [Article], [Article].] [Text]
[Text]
[Text]
SCO
[206] 14-Jul-2004 Exhibits 1-87, S1-7 filed re: [206-1] opposition memorandum. Vols 1-5. Vol 5 is Sealed [Note: A redacted version is available as [478], [486], [487], and [488].] SCO
[--] 19-Jul-2004 Terminated document(s): terminating [83-1] motion to extend time for pla to respond to dft IBM's third set of interrogatories and third request for production of documents moot due to past dates Court
[207] 22-Jul-2004 Stipulation by SCO Grp, Intl Bus Mach Inc Stip to amend the deadlines for briefing [Referenced by [208].] [Article] IBM/SCO
[208] 26-Jul-2004 Order granting [207-1] stipulated motion to amend the deadlines for briefing signed by Judge Dale A. Kimball, 26-Jul-2004 cc:atty [Article] Court
[209] 27-Jul-2004 Notice of Hearing : Motion hearing set for 2:00 15-Sep-2004 for [144-1] amended motion to Dismiss, set for 2:00 15-Sep-2004 for [144-2] amended motion or to Stay Count Ten of Counterclaim-Pla Ibm's Second Amended Counterclaims Against SCO,, set for 2:00 15-Sep-2004 for [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement To be held before Judge Dale A. Kimball cc:atty ( Ntc generated by: Atty) [Article] IBM
[210] 30-Jul-2004 Certificate of service re: Dft's Fifth Set of Interrogatories [Article] IBM
[211] 04-Aug-2004 Magistrate Notice of Hearing Motion hearing set for 10:00 02-Sep-2004 for [190-1] motion to compel discovery To be held before Judge Wells cc:atty ( Ntc generated by: JD) [Article] Court
[212] 04-Aug-2004 Motion to strike the 12-Jul-2004 Declaration of Christopher Sontag
[Referenced by [213] [214] [223] [265] [271] [276] [284] [285] [302].]
[Article]
[Text]
IBM
[213] 04-Aug-2004 Memorandum in support of [212-1] motion to strike the 12-Jul-2004 Declaration of Christopher Sontag [Referenced by [221].] [Text] IBM
[214] 04-Aug-2004 Declaration of Joan Thomas Re: [212-1] motion to strike the 12-Jul-2004 Declaration of Christopher Sontag [Text] IBM
[215] 04-Aug-2004 Motion for leave to file overlength opposition memorandum to SCO's renewed Motion to Compel [Referenced by [216].] IBM
[216] 05-Aug-2004 Order granting [215-1] motion for leave to file overlength opposition memorandum to SCO's renewed Motion to Compel signed by Judge Dale A. Kimball , 05-Aug-2004 cc:atty [Article] Court
[217] 04-Aug-2004 Memorandum in opposition to [190-1] motion to compel discovery [Referenced by [219].] [Article]
[Text]
IBM
[218] 04-Aug-2004 Certificate of service re: discovery by Intl Bus Mach Inc IBM
[219] 04-Aug-2004 Declaration of Amy F. Sorenson Re: [217-1] opposition memorandum. [Exhibits 8 and 9 as text] [Note: A redacted version is available as [528].] [Referenced by [220].] IBM
[220] 04-Aug-2004 [Sealed] Exhibits to Declaration of Amy F. Sorenson [219-1] [Note: A redacted version is available as [528].] IBM
[221] 09-Aug-2004 Errata to [213-1] support memorandum. [Text] IBM
[222] 12-Aug-2004 Stipulation by Intl Bus Mach Inc to amend briefing for pending motions (blk) [Referenced by [224].] [Article] IBM/SCO
[223] 13-Aug-2004 Magistrate Notice of Hearing Motion hearing set for 10:00 14-Sep-2004 for [212-1] motion to strike the 12-Jul-2004 Declaration of Christopher Sontag, set for 10:00 14-Sep-2004 for [190-1] motion to compel discovery  To be held before Judge Wells cc:atty ( Ntc generated by: JD) (blk) [Article] Court
[224] 13-Aug-2004 Order granting [222-1] stipulation motion to amend briefing for pending motions signed by Judge Dale A. Kimball, 13-Aug-2004 cc:atty (blk) [Article]
[Text]
Court
[225] 13-Aug-2004 Motion for partial summary judgment on Breach of Contract Claims. (Oral Argument Requested)
[Referenced by [227] [232] [235] [236] [262] [398].]
[Text] IBM
[226] 13-Aug-2004 Motion for leave to file overlength memorandum in support of motion for partial summary jgm on breach of contract claims [Referenced by [229].] IBM
[227] 13-Aug-2004 Declaration of Todd M. Shaughnessy Re: [225-1] motion for partial summary judgment on Breach of Contract Claims. (Oral Argument Requested) [Note: A redacted version is available as: [457], [462], [463], & [464].] [Referenced by [228].] IBM
[228] 13-Aug-2004 Exhibits re: [227-1] declaration of Todd M. Shaughnessy. (3 volumes of exhibits, oversized, placed in expandable folders next to case file.) [Note: A redacted version is available as: [457], [462], [463], & [464].] IBM
[229] 16-Aug-2004 Order granting [226-1] motion for leave to file overlength memorandum in support of motion for partial summary jgm on breach of contract claims signed by Judge Dale A. Kimball , 16-Aug-2004 cc:atty Court
[230] 16-Aug-2004 [Sealed] Memorandum in Support of Motion for Partial Summary Jgm on Breach of Contract Claims. [Note: A redacted version is available as: [454].] IBM
[231] 16-Aug-2004 Redacted Memorandum in support of [233-1] IBM's Motion for Partial Summary Jgm on its Counterclaim for Copyright Infringement (Eighth Counterclaim) [Referenced by [244].] [Text] IBM
[232] 13-Aug-2004 Redacted Memorandum in support of [225-1] motion for partial summary judgment on Breach of Contract Claims. [Alternate [PDF].] [Referenced by [242].] [Text] IBM
[233] 16-Aug-2004 Motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim)
[Referenced by [231] [237] [240] [241] [262] [342] [398] [862].]
[Text] IBM
[234] 13-Aug-2004 [Sealed] Exhibits to the Declaration of Todd M. Shaughnessy in Support of Motion for Partial Summary Jgm on Breach of Contract Claims IBM
[235] 13-Aug-2004 Declarations of Kathleen Bennett, Thomas L. Cronan III, Randall Davis, Michael J. Defazio, David W. Frasure Re: [225-1] motion for partial summary judgment on Breach of Contract Claims. Volume 1 of 2.
Exhibit A - IBM's Declaration of Kathleen Bennett, August 5, 2004 (2004-08-05) [Text], Exhibit B - IBM's Declaration of Thomas L. Cronan, III, July 29, 2004 (2004-07-29) [Text], Exhibit C - IBM's Declaration of Randall Davis, August 13, 2004 (2004-08-13) [PDF 2] [Text] (Exhibit I - Davis Resume, Publications, and List of Cases, Exhibit III - Davis Exhibit, 'Materials Examined'), Exhibit D - IBM's Declaration of Michael J. Defazio, October 3, 2003 (2003-10-03) [Text] (Exhibit 13 [Text]), Exhibit E - IBM's Declaration of David Frasure, March 28, 2004 (2004-03-28) [text] (Exhibit 1 - Software Agreement (AT&T and IBM) - SOFT00015 (1985-02-01), Exhibit 2 - Sublicensing Agreement (AT&T and IBM) - SUB-00015A (1985-02-01), Exhibit 3 - Substitution Agreement (AT&T and IBM) - XFER-00015B, Exhibit 4 - Letter Agreement (AT&T and IBM) of February 1, 1985 (1985-02-01), Exhibit 5 - Software Agreement (AT&T and Sequent) - SOFT-000321 (1985-04-18), Exhibit 6 - Sublicensing Agreement (AT&T and Sequent) - SUB-000321A (1986-01-28), Exhibit 7 - Substitution Agreement (AT&T and Sequent) - XFER-000321B, Exhibit 8 - "$ echo" newsletter, April 1985, Exhibit 9 - "$ echo" newsletter, August 1985, Exhibit 10 - Software Agreement (AT&T and Santa Cruz Operation) - SOFT-000302 (1987-05-06))
[Text] IBM
[236] 13-Aug-2004 Declarations of Geoffrey D. Green, Ira Kristenberg, Richard A. McDonough III, Jeffrey W. Mobley, Scott Nelson, David P. Rodgers, Roger C. Swanson, Joan Thomas, Steve Vuksanovich, Otis L. Wilson Re: [225-1] motion for partial summary judgment on Breach of Contract Claims. Volume 2 of 2.
[Article], Exhibit M Declaration of Joan Thomas [Text]
[Text] IBM
[237] 16-Aug-2004 Declaration of Amy F. Sorenson Re: [233-1] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim) [Note: A redacted version is available as: [458] & [460].] [Referenced by [238] [239].] IBM
[238] 16-Aug-2004 Exhibits re: [237-1] declaration of Amy F. Sorenson [Note: A redacted version is available as: [458] & [460].] IBM
[239] 16-Aug-2004 [Sealed] exhibits to declaration of Amy F. Sorenson [237-1] [Note: A redacted version is available as: [458] & [460].] IBM
[240] 16-Aug-2004 Declaration of Kathleen Bennett Re: [233-1] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim) [Text] IBM
[241] 16-Aug-2004 [Sealed] Memorandum in Support of IBM's Motion for Partial Summary Judgment on its Counterclaim for Copyright Infringement (Eighth Counterclaim) [233-1] [Note: A redacted version is available as: [461].] IBM
[242] 16-Aug-2004 Certificate of service [232-1] support memorandum IBM
[243] 16-Aug-2004 9 boxes of [Sealed] Exhibits to Declaration of Amy F. Sorenson in Support of IBM's Motion for Partial Summary Jgm on its Counterclaims for Copyright Infringment (Contains exhibits 5.1-5.3, 6.1-9.3, 10.1, 10.3, 11.1-20.3) Clerk's Note: These boxes are housed in the 5th floor sealed room of the courthouse. IBM
[244] 17-Aug-2004 Addendum to [231-1] redacted support memorandum. [Article] IBM
[245] 19-Aug-2004 [Sealed] Ex parte motion for leave to file a supplemental memo re: discovery
[Referenced by [261] [269] [270].]
[Article] SCO
[246] 23-Aug-2004 Motion to strike materials submitted by SCO in opposition to IBM's cross-motion for partial summary jgm
[Referenced by [247] [249] [286] [301] [398].]
[Article] IBM
[247] 23-Aug-2004 Memorandum in support of [246-1] motion to strike materials submitted by SCO in opposition to IBM's cross-motion for partial summary jgm [Text] IBM
[248] 23-Aug-2004 Ex parte motion for leave to file overlength memorandum in support of motion to strike [Referenced by [258].] IBM
[249] 23-Aug-2004 Declaration of Randall Davis Re: [246-1] motion to strike materials submitted by SCO in opposition to IBM's cross-motion for partial summary jgm [Article]
[Text]
IBM
[250] 23-Aug-2004 Reply Declaration of Todd M. Shaugnessy Re: [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement [Note: A redacted version is available as: [459].] [Referenced by [251].] [Article] IBM
[251] 23-Aug-2004 [Sealed] Exhibits re: [250-1] reply declaration of Todd M. Shaughnessy [Note: A redacted version is available as: [459].] IBM
[252] 23-Aug-2004 [Sealed] Declaration of Brian W. Kernighan. Filed under seal and placed in the sealed room. [Note: A redacted version is available as: [456].] IBM
[253] 23-Aug-2004 Ex parte motion for leave to file overlength reply memo [Referenced by [259].] IBM
[254] 23-Aug-2004 Reply to response to [144-1] amended motion to Dismiss, [144-2] amended motion or to Stay Count Ten of Counterclaim-Pla Ibm's Second Amended Counterclaims Against SCO, [Article] SCO
[255] 23-Aug-2004 Ex parte motion for leave to file overlength memorandum [Referenced by [260].] SCO
[256] 23-Aug-2004 Redacted Reply to response to [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement [Article]
[Text]
IBM
[257] 23-Aug-2004 [Sealed] Reply to response to [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement. (This document has been filed under seal and is placed in the sealed room) [Note: A redacted version is available as: [455].] [Article]
[Article]
IBM
[--] 24-Aug-2004 Terminated document(s): terminating [73-1] motion to strike the 5th, 15th, and 19th affirmative defenses asserted by the SCO Grp in its Answers to IBM' Amended Counterclaims - see letter lodged in file dated 24-Aug-2004. Court
[258] 24-Aug-2004 Order granting [248-1] ex parte motion for leave to file overlength memorandum in support of motion to strike signed by Judge Dale A. Kimball , 24-Aug-2004 cc:atty [Article]
[Article]
Court
[259] 24-Aug-2004 Order granting [253-1] ex parte motion for leave to file overlength reply memo signed by Judge Dale A. Kimball , 24-Aug-2004 cc:atty [Article]
[Article]
Court
[260] 24-Aug-2004 Order granting [255-1] ex parte motion for leave to file overlength memorandum signed by Judge Dale A. Kimball , 24-Aug-2004 cc:atty [Article]
[Article]
Court
[261] 25-Aug-2004 Memorandum in opposition to [245-1] ex parte motion for leave to file a supplemental memo re: discovery [Article]
[Article]
[Text]
IBM
[262] 27-Aug-2004 Notice of Hearing filed : Motion hearing set for 2:30 09-Dec-2004 for [233-1] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim), set for 2:30 09-Dec-2004 for [225-1] motion for partial summary judgment on Breach of Contract Claims. (Oral Argument Requested) To be held before Judge Kimball cc:atty (Ntc generated by: KJ) [Article]
[Article]
Court
[263] 26-Aug-2004 Ex parte motion for leave to file overlength memorandum re: renewed motion to compell [Referenced by [267].] [Article]
[Text]
SCO
[264] 26-Aug-2004 Reply to response to [190-1] renewed motion to compel discovery [Article]
[Text]
SCO
[265] 26-Aug-2004 Memorandum in opposition to [212-1] motion to strike the 12-Jul-2004 Declaration of Christopher Sontag [Referenced by [266].] [Article]
[Article]
[Text]
SCO
[266] 26-Aug-2004 Declaration of Christopher Sontag Re: [265-1] opposition memorandum [Text] SCO
[267] 27-Aug-2004 Order granting [263-1] ex parte motion for leave to file overlength memorandum re: renewed motion to compell signed by Judge Dale A. Kimball , 27-Aug-2004 cc:atty [Article] Court
[268] 01-Sep-2004 Notice of Hearing filed : Motion hearing set for 2:00 15-Sep-2004 for [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement, set for 2:00 15-Sep-2004 for [144-1] amended motion to Dismiss To be held before Judge Kimball cc:atty ( Ntc generated by: KJ) [Article]
[Article]
Court
[--] 07-Sep-2004 Proposed document from SCO Grp entitled : Memo in Opposition to IBM's Motion to Strike Materials Submitted by SCO in Opposition to IBM's Cross-Motion for Partial Summary Jgm SCO
[269] 03-Sep-2004 [Sealed] Reply to response to [245-1] ex parte motion for leave to file a supplemental memo re: discovery [Note: A redacted version is available as [479].] [Article] SCO
[270] 03-Sep-2004 [Sealed] ex parte order granting [245-1] ex parte motion for leave to file a supplemental memo re: discovery signed by Judge Brooke C. Wells , 03-Sep-2004 cc:atty [Article] Court
[271] 07-Sep-2004 [Sealed] Memorandum in support of [212-1] motion to strike the 12-Jul-2004 Declaration of Christopher Sontag [Note: A redacted version is available as: [453].] [Article] IBM
[272] 07-Sep-2004 Ex parte motion for leave to file over-length memorandum re: opposition to IBM's Motion to Strike Materials. [Article] [Referenced by [298].] [Article]
[text]
SCO
[273] 07-Sep-2004 Supplemental Declaration of Christopher Sontag Re: In Support of SCO's Opposition to IBM's Motion to Strike. [Article] [Article]
[Text]
SCO
[274] 07-Sep-2004 Supplemental Declaration of Sandeep Gupta Re: SCO's Opposition to IBM's Motion to Strike. [Article] [Article]
[Text]
SCO
[275] 07-Sep-2004 Supplemental Declaration of John Harrop Re: In Support of SCO's Opposition to IBM's Motion to Strike. [Article] [Article]
[Text]
SCO
[276] 07-Sep-2004 Redacted Reply to response to [212-1] motion to strike the 12-Jul-2004 Declaration of Christopher Sontag. [Article] [Article]
[Text]
IBM
[--] 08-Sep-2004 Proposed document from SCO Grp entitled : Sealed Memorandum in Support of Expedited Motion to Enforce [Article] SCO
[277] 08-Sep-2004 Motion to extend time to file response to IBM's Motion for Partial Summary Jgm on Breach of Contract Claims and IBM's Motion for Partial Summary Jgm on its Conterclaim for Copyright Infringement (Eighth Counterclaim)
[Referenced by [279] [295] [296].]
[Article]
[Article]
SCO
[278] 08-Sep-2004 Declaration of Martin Pfeffer. [Article] [Article]
[Text]
SCO
[279] 08-Sep-2004 Memorandum in support of [277-1] motion to extend time to file response to IBM's Motion for Partial Summary Jgm on Breach of Contract Claims and IBM's Motion for Partial Summary Jgm on its Conterclaim for Copyright Infringement (Eighth Counterclaim) [Article] [Article]
[Article]
SCO
[280] 08-Sep-2004 Certificate of service re: responses to 5th set of interrogs [Article] SCO
[281] 08-Sep-2004 Expedited Motion to enforce the Court's Amended Scheduling Order Dated June 10, 2004 [Article] [Article]
[Referenced by [290] [291] [303] [308] [313].]
[Article]
[text]
SCO
[282] 08-Sep-2004 Ex parte motion for leave to file over-length memorandum re: In support of Expedited Motion to Enforce [Referenced by [297].] [Article]
[Article]
SCO
[283] 08-Sep-2004 Ex parte motion for leave to file a response to SCO's Supplement Memorandum Re: Discovery and to Continue Hearing Date [Referenced by [284] [294].] [Article]
[Article]
IBM
[284] 10-Sep-2004 Order granting [283-1] ex parte motion for leave to file a response to SCO's Supplement Memorandum Re: Discovery and to Continue Hearing Date, Hearing scheduled for 14-Sep-2004 is rescheduled: Motion hearing reset for 10:00 19-Oct-2004 for [190-1] motion to compel discovery, set for 10:00 19-Oct-2004 for [212-1] motion to strike the 12-Jul-2004 Declaration of Christopher Sontag signed by Judge Brooke C. Wells , 10-Sep-2004 cc:atty [Article]
[text]
Court
[285] 10-Sep-2004 Amended Magistrate Notice of Hearing Motion hearing reset for 10:00 19-Oct-2004 for [212-1] motion to strike the 12-Jul-2004 Declaration of Christopher Sontag, reset for 10:00 19-Oct-2004 for [190-1] motion to compel discovery To be held before Judge Wells cc:atty ( Ntc generated by: JD) [Article] Court
[286] 07-Sep-2004 Memorandum in opposition to [246-1] motion to strike materials submitted by SCO in opposition to IBM's cross-motion for partial summary jgm [Article]
[Text]
SCO
[287] 19-Aug-2004 [Sealed] Supplemental Memorandum Regarding Discovery [Note: A redacted version is available as [482].] [Referenced by [316].] SCO
[288] 19-Aug-2004 [Sealed] Declaration of Jeremy O. Evans in Support of SCO's Supplemental Memorandum Regarding Discovery SCO
[289] 19-Aug-2004 [Sealed] Declaration of Barbara L. Howe in Support of SCO's Supplemental Memorandum Regarding discovery SCO
[290] 08-Sep-2004 [Sealed] Memorandum in Support of SCO's Expedited Motion [281] to Enforce the Court's Amended Scheduling Order Dated June 10, 2004 [Modified on 04-Aug-2005 by unsealing document and adding document image (blk, ). Additional attachment(s) added on 04-Aug-2005 (blk, ).] [Referenced by [292].] SCO
[291] 09-Sep-2004 Redacted Memorandum in support of [281-1] Expedited Motion to Enforce the Court's Amended Scheduling Order Dated June 10, 2004. [Article] [Referenced by [292].] [text]
[Article]
SCO
[292] 09-Sep-2004 3 volumes of Exhibits re: [291-1] support memorandum, [290-1] sealed support memorandum re: expedited motion to enforce the court's amended scheduling order dated 10-Jun-2004.

1 - Todd Shaughnessy letter to Brent Hatch, August 27, 2004;
2 - IBM's Certificate of Service of Discovery Motions (2004-08-13);
3 - IBM's Mills Sets Sights on Middleware, Linux, Computerworld, October 24, 2003;
4 - IBM Internal Email from Bill Sandve to Kim Tran, January 22, 2002;
5 - Argus Systems Group, Inc. license agreement with IBM for AIX Source Code [sealed];
6 - IBM Royalty Statement, June 30, 1987 [sealed];
7 - IBM/Supplier Technical Services Agreement between IBM Corp. and CETIA (2001) [sealed];
8 - Deposition of David Rodgers, June 10, 2004 [originally sealed and then unsealed, Part 1 and Part 2];
9 - Deposition of David Frasure in BSDi litigation, 1992 [Article] [[PDF-1] [Text-1] [PDF-2] [Text-2] [PDF-3] [Text-3] ];
10 - $ echo newsletter, April 1985 [text];
11 - $ echo newsletter, August 1985 [text];
12 - Letter Agreement between AT&T and IBM, February 1, 1985 [text];
13 - 1985 AT&T-IBM Software Agreement, SOFT-00015 [text];
14 - AT&T-Sequent Software Agreement, April 18, 1985, SOFT-000321;
15 - Otis Wilson Deposition, 1992, BSDi litigation [excerpts as text];
16 - Declaration of Otis Wilson, IBM litigation, April 26, 2004 [text];
17 - Profile of James G. Szymanski ;
18 - Declaration of David Frasure, March 28, 2004 [text];
19 - Letter from O. Wilson to IBM Corp., 27-Jul-1987;
20 - AT&T- University of California Educational License - Sys. V-Ed.-040183-1 for use of System V, VAX Version (1983-07-01) [text];
21 - Declaration of Otis Wilson, December 11, 2003;
22 - 1984 AT&T-DEC Letter Agreement [text];
23 - Otis Wilson letter June 18, 1990 to licensee F. Kovacs [text];
24 - 29-Jun-1990 Letter from Otis Wilson to B. Factor;
25 - Otis Wilson letter to licensee R. Tevonian, August 3, 1990;
26 - Otis Wilson letter to Digital Equipment Corporation (DEC), Feb. 21, 1985;
27 - Declaration of Marin Pfeffer, Sept. 7, 2004 [text];
28 - Novell-Santa Cruz Operation Asset Purchase Agreement, Sept. 19, 1995 [text];
29 - Amendment 2 to Novell-SCO APA, October 16, 1996 [text];
30 - Brent Hatch letter to IBM's Todd Shaughnessy, August 26, 2004;
31 - Letter from Todd Shaughnessy to Brent Hatch, August 27, 2004
32 - SCO's First Request for Production of Documents and First Set of Interrogatories;
33 - Brent Hatch letter to Todd Shaughnessy, April 19, 2004 [text];
SCO's Second Set of Interrogatories, 04-Dec-2004
SCO
[293] 09-Sep-2004 [Sealed] Exhibits to Memorandum in Support of SCO's Expedited Motion to Enforce the Court's Amended Scheduling Order Dated 10-Jun-2004 [Note: A redacted version is available as [492].] SCO
[294] 09-Sep-2004 Response to [283-1] ex parte motion for leave to file a response to SCO's Supplement Memorandum Re: Discovery and to Continue Hearing Date [Article]
[Text]
SCO
[--] 10-Sep-2004 Transcript of Proceedings for date(s) of 05-Dec-2003, Motion to Compell hearing. Court Reporter: Dawn E. Brunner-Hahn Court
[295] 13-Sep-2004 Memorandum in opposition to [277-1] motion to extend time to file response to IBM's Motion for Partial Summary Jgm on Breach of Contract Claims and IBM's Motion for Partial Summary Jgm on its Conterclaim for Copyright Infringement (Eighth Counterclaim) [Article]
[text]
IBM
[296] 13-Sep-2004 Order granting [277-1] motion to extend time to file response to IBM's Motion for Partial Summary Jgm on Breach of Contract Claims and IBM's Motion for Partial Summary Jgm on its Conterclaim for Copyright Infringement (Eighth Counterclaim). To be filed on or before 13-Oct-2004, signed by Judge Dale A. Kimball , 13-Sep-2004 cc:atty [Article] Court
[297] 13-Sep-2004 Order granting [282-1] ex parte motion for leave to file over-length memorandum re: In support of Expedited Motion to Enforce signed by Judge Dale A. Kimball , 13-Sep-2004 cc:atty [Article] Court
[298] 13-Sep-2004 Order granting [272-1] ex parte motion for leave to file over-length memorandum re: opposition to IBM's Motion to Strike Materials signed by Judge Dale A. Kimball , 13-Sep-2004 cc:atty [Article] Court
[299] 13-Sep-2004 Ex parte emergency motion for a scheduling conference
[Referenced by [300] [303] [313].]
[Article]
[Text]
SCO
[300] 13-Sep-2004 Memorandum in support of [299-1] ex parte emergency motion for a scheduling conference [Article]
[Text]
SCO
[301] 13-Sep-2004 Reply to response to [246-1] motion to strike materials submitted by SCO in opposition to IBM's cross-motion for partial summary jgm [Article]
[Text]
IBM
[302] 15-Sep-2004 Transcript of hearing. Minute entry: Motion hearing held for [212-1] motion to strike the 12-Jul-2004 Declaration of Christopher Sontag, held for [195-1] motion in further opposition to IBM's Motion for Partial Summary Jgm, held for [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement, held for [144-1] amended motion to Dismiss, held for [144-2] amended motion or to Stay Count Ten of Counterclaim-Pla Ibm's Second Amended Counterclaims Against SCO, [144-1] amended motion to Dismiss taken under advisement, [144-2] amended motion or to Stay Count Ten of Counterclaim-Pla Ibm's Second Amended Counterclaims Against SCO, taken under advisement [195-1] motion in further opposition to IBM's Motion for Partial Summary Jgm taken under advisement [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement taken under advisement [212-1] motion to strike the 12-Jul-2004 Declaration of Christopher Sontag taken under advisement ; Judge: DAK Court Reporter: Becky Janke Court Deputy: Kim Jones [Article] [Groklaw Court Reports.] [Article]
[Text]
Court
[303] 22-Sep-2004 Memorandum in opposition to [299-1] ex parte emergency motion for a scheduling conference, [281-1] expedited motion to enforce the Court's Amended Scheduling Order Dated June 10, 2004 (ce) [Article]
[Text]
IBM
[304] 24-Sep-2004 [Sealed] Opposition to SCO's Supplemental Memorandum Re Discovery [Note: A redacted version is available as [444].] [Article] IBM
[305] 24-Sep-2004 [Sealed] Declaration of Ron Saint Pierre [Article] IBM
[306] 24-Sep-2004 [Sealed] Declaration of David Bullis [Article] IBM
[307] 24-Sep-2004 [Sealed] Consolidated Reply Memorandum in Further Support of SCO's Expedited Motion to Enforce the Court's Amended Scheduling Order and Emergency Motion for a Scheduling Conference [Referenced by [308].] [Article] SCO
[308] 24-Sep-2004 Redacted Version of [307] - Reply to response to [281-1] motion to enforce the Court's Amended Scheduling Order Dated June 10, 2004 [Article]
[Text]
SCO/Court
[309] 24-Sep-2004 Ex parte motion for leave to file over-length memorandum re: consolidated reply memo in further support [Referenced by [310].] [Article]
[Text]
SCO
[310] 27-Sep-2004 Order granting [309-1] ex parte motion for leave to file over-length memorandum re: consolidated reply memo in further support signed by Judge Dale A. Kimball , 27-Sep-2004 cc:atty [Article]
[Text]
Court
[311] 29-Sep-2004 Stipulation by SCO Grp, Intl Bus Mach Inc to extend time for pla to reply to opposition to supp memo re disc up to and including 04-Oct-2004 [Referenced by [312].] [Article] IBM/SCO
[312] 30-Sep-2004 Order granting [311-1] stipulation motion to extend time for pla to reply to opposition to supp memo re disc up to and including 04-Oct-2004 signed by Judge Dale A. Kimball , 30-Sep-2004 cc:atty [Article] Court
[313] 01-Oct-2004 Order denying [299-1] ex parte motion for a scheduling conference, denying [281-1] motion to enforce the Court's Amended Scheduling Order Dated June 10, 2004 signed by Judge Dale A. Kimball , 30-Sep-2004 cc:atty [Referenced by [398].] [Text] Court
[314] 04-Oct-2004 Ex parte motion for leave to file overlength memorandum: Reply brief in further support of supplemental memorandum re discovery [Referenced by [315].] [Article] IBM
[315] 05-Oct-2005 Order granting [314-1] ex parte motion for leave to file overlength memorandum: Reply brief in further support of supplemental memorandum re discovery signed by Judge Dale A. Kimball , 05-Oct-2004 cc:atty [Article] Court
[316] 04-Oct-2004 [Sealed] Reply brief re: Sealed Supplemental Mem re: Discovery [287-1] document(s), [163-1] memo re: discovery [Note: A redacted version is available as [470].] [Referenced by [317].] [Article] SCO
[317] 04-Oct-2004 [Sealed] Declaration of Jermey O. Evans Re: [316-1] brief reply [Note: A redacted version is available as [477] and [489].] Modified on 04-Aug-2005 by unsealing document and adding document image (blk, ). Additional attachment(s) added on 04-Aug-2005 (blk, ). [Article] SCO
[318] 06-Oct-2004 Motion and Order signed by Judge Dale A. Kimball, 06-Oct-2004. Granting motion/PHV for Attorney Edward Normand, Sean Eskovitz on behalf of plaintiff SCO Grp cc:attys [Article] SCO/Court
[319] 12-Oct-2004 Joint Stipulation filed by SCO Grp to extend time for briefing re: IBM's motion for partial summary jgm on breach of contract claims and motion for partial summary jgm on counterclaims for copyright infringment 8th counterclaim [Referenced by [320].] [Text] IBM/SCO
[320] 13-Oct-2004 Order granting [319-1] stipulation motion to extend time for briefing re: IBM's motion for partial summary jgm on breach of contract claims and motion for partial summary jgm on counterclaims for copyright infringment 8th counterclaim up to and including 23-Nov-2004 signed by Judge Dale A. Kimball , 13-Oct-2004 cc:atty [Text] Court
[321] 14-Oct-2004 Ex parte motion for leave to file overlength memorandum [Referenced by [324].] [Text] SCO
[322] 14-Oct-2004 Motion to amend complaint (for leave to file 3rd amended complaint)
[Referenced by [323] [369] [422] [437] [466].]
[Text] SCO
[323] 14-Oct-2004 [Sealed] Memorandum in support of [322-1] motion to amend complaint (for leave to file 3rd amended complaint) [Note: A redacted version is available as [495], [498], and [499].] [Article] SCO
[324] 15-Oct-2004 Order granting [321-1] ex parte motion for leave to file overlength memorandum signed by Judge Dale A. Kimball , 15-Oct-2004 cc:atty Court
[325] 18-Oct-2004 Certificate of service re: ntc deposition David Bullis by SCO Grp [Article]
[Article]
SCO
[326] 18-Oct-2004 Certificate of service re: ntc deposition William Sandve by SCO Grp [Article]
[Article]
SCO
[327] 19-Oct-2004 Minute entry: Counsel for both parties present. The Court hears arguments and rebuttal from each party as to pla's renewed motion to compel (d.e. [190]). The Court orders that privilege logs be prepared and exchanged within 30 days; Dft to provide within 30 days, affidavits from management members Palmisano and Wladawsky-Berger and Board of Directors as to what exists if their files and takes the remainder of the motion under advisement. ; Judge: BCW Court Reporter: Kelly Hicken Court Deputy: alp [Note: Article, Article, Groklaw Court Report, Article] Court
[328] 20-Oct-2004 Order, re: SCO's renewed Motion [190] to Compel Discovery. Both parties are to prepare and exchange privilege logs within 30 days from the entry of this order. IBM is to provide affidavits from the Board of Directors re production of all non-privileged documents pertaining to IBM's Linux strategy. The affidavits are to be filed within 30 days from the entry of this order. The court takes the remainder of SCo's motion under advisement. The court sua sponte, hereby seals the transcript to the proceedings held on 19-Oct-2004. Copies of the transcript are to be provided to the parties in the case and the court but the transcript shall remain sealed until further order of the court. signed by Judge Brooke C. Wells , 20-Oct-2004 cc:atty [Text] Court
[329] 27-Oct-2004 Stipulation to amend briefing re: motion for leave to file 3rd amended complaint [Referenced by [330].] [Text] IBM
[330] 28-Oct-2004 Order granting [329-1] stipulation motion to amend briefing re: motion for leave to file 3rd amended complaint as follows - IBM's memo in opposition to SCO's motion due 23-Nov-2004; and SCO's reply due 21-Dec-2004 signed by Judge Dale A. Kimball , 27-Oct-2004 cc:atty [Text] Court
[331] 19-Nov-2004 [Sealed] Declaration of Alec S. Berman [Note: A redacted version is available as [446].] [Article] IBM
[332] 19-Nov-2004 [Sealed] Declaration of Irving Wladawsky-Berger Re: [Note: A redacted version is available as [443].] [Article] IBM
[333] 19-Nov-2004 [Sealed] Declaration of Samuel J. Palmisano [Note: A redacted version is available as [448].] [Article] IBM
[334] 19-Nov-2004 [Sealed] Declaration of Andrew Bonzani [Note: A redacted version is available as [445].] [Article] IBM
[335] 23-Nov-2004 Stipulation by Intl Bus Mach Inc to amend briefing on pending motions [Referenced by [336].] IBM/SCO
[336] 24-Nov-2004 Order granting [335-1] stipulation motion to amend briefing on pending motions signed by Judge Dale A. Kimball , 24-Nov-2004 cc:atty [Text] Court
[337] 30-Nov-2004 [Sealed] opposition to SCO's motion for leave to file a third amended complaint pursuant to FRCivP 15(a) and 16(b) [Note: A redacted version is available as: [465].] [Article] IBM
[338] 30-Nov-2004 Motion for leave to file overlength memo in opposition re: SCO's motion for leave to file third amd cmp [Referenced by [351].] [Article] IBM
[339] 01-Dec-2004 Motion for leave to file overlength memo re: IBM's motion for summary jgm on breach of contract claims [Referenced by [352].] [Article] SCO
[340] 30-Nov-2004 Motion to intervene by G2 Computer Intel. [Alternate [PDF].]
[Referenced by [341] [378] [379] [380] [389] [423] [437] [438].]
[Article]
[Text]
[Article]
G2
[341] 30-Nov-2004 Memorandum by G2 Computer Intel in support of [340-1] motion to intervene by G2 Computer Intel [Article]
[Text]
G2
[342] 30-Nov-2004 Memorandum in opposition to [233-1] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim). ["Unclean Hands" [Article], [Article].] [Referenced by [353].] [Article]
[Text]
SCO
[343] 30-Nov-2004 Motion pursuant to Rule 56(f) in further opposition to IBM's Motion for Summary Jgm on SCO's Contract Claims [Referenced by [437].] [Article]
[Text]
SCO
[344] 30-Nov-2004 Declaration of Edward Normand [Article]
[Text]
SCO
[345] 30-Nov-2004 [Sealed] Declaration of Todd M. Shaughnessy in support of IBM's opposition to SCO's Motion for Leave to File a Third Amended Complaint [Note: A redacted version is available as [527].] [Article] IBM
[346] 30-Nov-2004 [Sealed] Memorandum in Opposition to IBM's Motion for Summary Jgm on SCO's Breach of Contract Claims [Referenced by [347] [348].] [Article]
[Article]
SCO
[347] 01-Dec-2004 Authoritites of Declaration of Jeremy O. Evans Re: [346-1] Sealed Memo in Opposition to IBM's Motion for Summary Jgm on Breach of Contract Claims [Text]
[Article]
SCO
[348] 01-Dec-2004 Declaration of Jeremy O. Evans Re: [346-1] Memo in Opposition to IBM's Motion for Summary Jgm on Breach of Contract Claims (Portions filed under seal)
[Referenced by [349] [350] [364].]
[Text] SCO
[349] 01-Dec-2004 Exhibits re: [348-1] declaration. [Article] SCO
[350] 01-Dec-2004 [Sealed] Exhibits re: [348-1] declaration [Note: A redacted version is available as [469] and [483].] SCO
[351] 01-Dec-2004 Order granting [338-1] motion for leave to file overlength memo in opposition re: SCO's motion for leave to file third amd cmp signed by Judge Dale A. Kimball , 01-Dec-2004 cc:atty [Article] Court
[352] 01-Dec-2004 Order granting [339-1] motion for leave to file overlength memo re: IBM's motion for summary jgm on breach of contract claims signed by Judge Dale A. Kimball , 01-Dec-2004 cc:atty [Article] Court
[353] 09-Dec-2004 Correction/Errata to [342-1] opposition memorandum. [Declaration of Christopher Sontag as [Text].] [Text] SCO
[354] 13-Dec-2004 Certificate of service re: subpoena duces tecum upon PointServe by Intl Bus Mach Inc [Article]
[Text]
IBM
[355] 16-Dec-2004 Stipulation by SCO Grp to extend time up to 29-Dec-2004 to file reply to IBM's opposition to motion for leave to file 3rd amd complaint [Referenced by [357].] IBM/SCO
[356] 16-Dec-2004 Motion and Order signed by Judge Dale A. Kimball , 14-Dec-2004 Granting motion/PHV for Attorney Stuart H. Singer on behalf of plaintiff SCO Grp cc:attys Court
[357] 16-Dec-2004 Order granting [355-1] stipulation motion to extend time up to 29-Dec-2004 to file reply to IBM's opposition to motion for leave to file 3rd amd complaint signed by Judge Dale A. Kimball , 16-Dec-2004 cc:atty [Text] Court
[358] 20-Dec-2004 Stipulation to extend time to respond to Motion to intervene and to unseal up to and including 07-Jan-2005 [Referenced by [363].] [Text] SCO
[359] 20-Dec-2004 Certificate of service re: discovery [Article] SCO
[360] 20-Dec-2004 Ex parte motion to extend time to file response to motion to intervene and unseal by 20-Jan-2005 [Referenced by [361] [362].] [Text] IBM
[361] 21-Dec-2004 Order granting [360-1] ex parte motion to extend time to file response to motion to intervene and unseal by 20-Jan-2005 signed by Judge Dale A. Kimball , 21-Dec-2004 cc:atty [Text] Court
[362] 21-Dec-2004 Response by G2 Computer Intel to [360-1] ex parte motion to extend time to file response to motion to intervene and unseal by 20-Jan-2005 [Text] G2
[363] 22-Dec-2004 Order granting [358-1] stipulation motion to extend time to respond to Motion to intervene and to unseal up to and including 07-Jan-2005 signed by Judge Dale A. Kimball , 21-Dec-2004 cc:atty Court
[364] 23-Dec-2004 Substitution Exhibit 19 re: [348-1] declaration of Jeremy O. Evans SCO
[365] 23-Dec-2004 [Sealed] Pla's Memorandum in Support of Renewed Motion to Compel Discovery [Note: A redacted version is available as [472] and [493]. Unsealed on 14-Jul-2005, incl. IBM-365-1 and IBM-365-2.] [Referenced by [510] [521].] SCO
[366] 23-Dec-2004 Renewed Motion to compel Discovery
[Referenced by [377] [403] [530].]
[Text] SCO
[367] 28-Dec-2004 Return of service executed on 09-Dec-2004 of subpoena upon PointeServe [Article]
[Article]
IBM
[368] 29-Dec-2004 Ex parte motion for leave to file overlength reply memo re: motion for leave to file third amd complaint [Referenced by [370].] [Article] SCO
[369] 29-Dec-2004 [Sealed] Reply to response to [322-1] motion to amend complaint (for leave to file 3rd amended complaint) Modified on 04-Aug-2005 by unsealing document and adding document image (blk, ). [Article] SCO
[370] 30-Dec-2004 Ex parte order granting [368-1] ex parte motion for leave to file overlength reply memo re: motion for leave to file third amd complaint signed by Judge DAK 30-Dec-2004 cc: atty Court
[371] 03-Jan-2005 Certificate of service re: discovery (blk) [Article] SCO
[372] 07-Jan-2005 Stipulation amend/to extend time for briefing as follows: IBM's mem opp to SCO' renewed motion to compel disc due 04-Feb-2005; IBM's reply mem sup re: motion for partial sum jgm on breach of contract claims due 25-Feb-2005; and, IBM's reply memo in support of motion for partial sum jgm on counterclaim for copyright infringement 8th counterclaim due on 25-Feb-2005 (blk) [Referenced by [373].] IBM
[373] 07-Jan-2005 Order granting [372-1] stipulation motion amend/to extend time for briefing as follows: IBM's mem opp to SCO' renewed motion to compel disc due 04-Feb-2005; IBM's reply mem sup re: motion for partial sum jgm on breach of contract claims due 25-Feb-2005; and, IBM's reply memo in support of motion for partial sum jgm on counterclaim for copyright infringement 8th counterclaim due on 25-Feb-2005 signed by Judge Dale A. Kimball , 07-Jan-2005 cc:atty Court
[374] 12-Jan-2005 Motion to compel IBM to produce Samuel J. Palmisano for deposition
[Referenced by [375] [422] [437] [466].]
[Article]
[Text]
SCO
[375] 12-Jan-2005 [Sealed] Memorandum in support of [374-1] motion to compel IBM to produce Samuel J. Palmisano for deposition [Note: That this document was released originally unsealed and later sealed. See footnote #8 of [442]. Consequently it is no longer available on Groklaw.. Unsealed on 04-Aug-2005] Modified on 14-Jan-2005 [Article]
[Text]
SCO
[376] 12-Jan-2005 Certificate of service re: discovery [Article] IBM
[377] 18-Jan-2005 Order granting in part, denying in part [366-1] motion to compel Discovery, striking amended scheduling [177-1] order discovery due set for 22-Apr-2005, [177-2] relief motion filing deadline set for 20-May-2005, [177-3] relief Final Pretrial Conference set for 2:30 10-Oct-2005, [177-4] relief 5-Week Jury trial set for 8:30 01-Nov-2005, [177-5] relief , The discovery ordered by the court is due 18-Mar-2005 , The Court ORDERS both parties to meet and confer re: a new schedule and to submit a proposed amended scheduling order to the court by 25-Mar-2005 signed by Judge Brooke C. Wells , 18-Jan-2005 cc:atty
[Referenced by [403] [410] [420] [436].]
[Text]
[Article]
Court
[378] 20-Jan-2005 Response to [340-1] motion to intervene and to unseal court's file by G2 Computer Intel [Text] SCO
[379] 20-Jan-2005 Memorandum in opposition to [340-1] motion to intervene and to unseal court's file by G2 Computer Intel [Text] IBM
[380] 19-Jan-2005 Motion by CNET Networks, Forbes for Joinder re: [340-1] motion to intervene and to unseal court's file by G2 Computer Intel , to intervene (joined with [340-1] motion by G2 Computer Intelligence), and to unseal court files (joined with [340-1] motion by G2 Computer Intelligence)
[Referenced by [389] [423] [437] [438].]
[Article]
[Text]
CNET;
Forbes
[381] 19-Jan-2005 Certificate of service re: Subpoenas Duces Tecum issued to: Target Corporation; Autozone, Inc.; Sherwin-Williams Corp.; and Intel Corporation. (Note: Filing not considered a return of service executed as there was no proof of service/declaration of server included with these documents.) [Article] IBM
[382] 19-Jan-2005 Certificate of service re: Subpoenas issued to Oracle Corp. and Computer Associates, Inc. (Note: Filing not considered a return of service executed as there was no proof of service/declaration of server included with these documents.) [Article] IBM
[383] 24-Jan-2005 Objections to Notice of Deposition (The Click-Wrap Notice) [Article]
[Text]
SCO
[384] 24-Jan-2005 Objections to IBM's Notice of Deposition (The Compression Notice) [Article]
[Text]
SCO
[385] 24-Jan-2005 Objections to IBM's Notice of Deposition (The Configurable High Availability Notice) [Article]
[Text]
SCO
[386] 28-Jan-2005 Stipulation by Intl Bus Mach Inc to amend briefing as follows: IBM's Memo in Opposition to Motion to Compel IBM to produce Samuel Palmisano for Deposition due 11-Feb-2005; SCO's reply memo in support of its renewed Motion to Compel by 25-Feb-2005; SCO's reply memo re motion to compel IBM to produce Samuel Palmisano for Deposition due by 04-Mar-2005. [Referenced by [387].] [Text] Court
[387] 28-Jan-2005 Order granting [386-1] stipulation motion to amend briefing as follows: IBM's Memo in Opposition to Motion to Compel IBM to produce Samuel Palmisano for Deposition due 11-Feb-2005; SCO's reply memo in support of its renewed Motion to Compel by 25-Feb-2005; SCO's reply memo re motion to compel IBM to produce Samuel Palmisano for Deposition due by 04-Mar-2005 signed by Judge Dale A. Kimball , 28-Jan-2005 cc:atty [Text] Court
[388] 28-Jan-2005 Ex parte motion for leave to file sur-reply brief [Referenced by [392].] [Text] IBM
[389] 31-Jan-2005 Reply by G2 Computer Intel, CNET Networks, Forbes to response to [380-2] motion to intervene (joined with [340-1] motion by G2 Computer Intelligence), [380-3] motion to unseal court files (joined with [340-1] motion by G2 Computer Intelligence), [340-1] motion to intervene and to unseal court's file by G2 Computer Intel
[Text] G2;
CNET;
Forbes
[390] 01-Feb-2005 Certificate of service re: Subpoena Duces Tecum upon Hewlett-Packard IBM
[391] 01-Feb-2005 Ex parte motion to extend time to submit objections to discovery order [Referenced by [393] [394].] [Text] IBM
[392] 01-Feb-2005 Order granting [388-1] ex parte motion for leave to file sur-reply brief signed by Judge Brooke C. Wells , 01-Feb-2005 cc:atty [Text] Court
[393] 02-Feb-2005 Order granting [391-1] ex parte motion to extend time to submit objections to discovery order signed by Judge Dale A. Kimball , 01-Feb-2005 cc:atty [Text] Court
[394] 02-Feb-2005 Memorandum in opposition to [391-1] ex parte motion to extend time to submit objections to discovery order [Text] SCO
[395] 04-Feb-2005 Memorandum in opposition to [190-1] renewed motion to compel discovery (blk) [Article] IBM
[396] 04-Feb-2005 Certificate of service re: discovery [Article] IBM
[397] 08-Feb-2005 Certificate of service re: discovery [Article] IBM
[398] 09-Feb-2005 Memorandum Decision denying [144] amended motion to Dismiss or to Stay Count Ten of Counterclaim-Pla IBM's Second Amended Counterclaims Against SCO, denying without prejudice to renew or refile after discovery is completed [152] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement, mooting [195] motion in further opposition to IBM's Motion for Partial Summary Jgm, denying [246] motion to strike materials submitted by SCO in opposition to IBM's cross-motion for partial summary jgm, denying without prejudice to renew or refile after discovery is complete [225] motion for partial summary judgment on Breach of Contract Claims, denying without prejudice to renew or refile after discovery is complete [233] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim) vacating to the extent that it grants permission to file dispositive motions prior to the close of discovery [313] order; The court will not entertain any dispositive motions until after discovery is complete, unless both parties stipulate that resolution of the motion is possible prior to the close of discovery, signed by Judge Dale A. Kimball, on 08-Feb-2005 cc:atty [Article]
[Text]
[Article]
[Article]
[Article]
Court
[399] 11-Feb-2005 Stipulation by Intl Bus Mach Inc to extend time for filing privilege logs no later than 10-Mar-2005; objections within 30 days thereafter, by 09-Apr-2005 (blk) [Referenced by [402].] [Article] IBM/SCO
[400] 11-Feb-2005 Stipulation by Intl Bus Mach Inc to extend time on motion briefing deadlines on SCO's Motion to Compel as follows: IBM's memo in opposition due by 18-Feb-2005; SCO's reply due by 11-Mar-2005 (blk) [Referenced by [401].] [Article] IBM/SCO
[401] 11-Feb-2005 Order granting [400-1] stipulation motion to extend time on motion briefing deadlines on SCO's Motion to Compel as follows: IBM's memo in opposition due by 18-Feb-2005; SCO's reply due by 11-Mar-2005 signed by Judge Brooke C. Wells , 11-Feb-2005 cc:atty [Article] Court
[402] 11-Feb-2005 Order granting [399-1] stipulation motion to extend time for filing privilege logs no later than 10-Mar-2005; objections within 30 days thereafter, by 09-Apr-2005 signed by Judge Brooke C. Wells , 11-Feb-2005 cc:atty [Article] Court
[403] 11-Feb-2005 Motion for reconsideration of the January 18, 2005 Order [377] Re SCO's [366] Renewed Motion to Compel.
[Referenced by [410] [420] [436].]
[Text]
[Article]
IBM
[404] 18-Feb-2005 Ex parte motion for leave to file overlength sur-reply memo re: motion to file 3rd amd cmp [Referenced by [408].] IBM
[405] 18-Feb-2005 Motion for entry of order limiting scope of IBM's ninth counterclaim
[Referenced by [428] [437] [466].]
[Text] IBM
[406] 18-Feb-2005 [Sealed] Memorandum in Opposition to SCO's motion to compel IBM to produce Samuel J. Palmisano for deposition [Note: A redacted version is available as [442].] IBM
[407] 18-Feb-2005 [Sealed] Sur-reply memo in further opposition to SCO's motion for leave to file a third amd complaint [Note: A redacted version is available as [447].] IBM
[408] 22-Feb-2005 Order granting [404-1] ex parte motion for leave to file overlength sur-reply memo re: motion to file 3rd amd cmp signed by Judge Dale A. Kimball , 22-Feb-2005 cc:atty Court
[409] 25-Feb-2005 [Sealed] Reply Memo in Further Support of Renewed Motion to Compel Discovery [Note: A redacted version is available as [481] and [496].] SCO
[410] 28-Feb-2005 Memorandum in opposition to [403-1] motion for reconsideration of [377-1] order striking amended scheduling [177-1] order discovery due set for 22-Apr-2005, [177-2] relief motion filing deadline set for 20-May-2005, [177-3] relief Final Pretrial Conference set for 2:30 10-Oct-2005, [177-4] relief 5-Week Jury trial set for 8:30 01-Nov-2005, [177-5] relief [Article] SCO
[411] 02-Mar-2005 Certificate of service re: discovery by SCO Grp SCO
[412] 04-Mar-2005 Motion to extend time to file response to motion for entry of order by 23-Mar-2005 [Referenced by [413].] [Text] SCO
[413] 08-Mar-2005 Order granting [412-1] motion to extend time to file response to motion for entry of order by 23-Mar-2005 signed by Judge Dale A. Kimball , 07-Mar-2005 cc:atty [Article] Court
[414] 09-Mar-2005 Motion to extend time to comply with 18-Jan-2005 order by 45 days or by 03-May-2005 [Referenced by [421] [424].] [Article] IBM
[415] 10-Mar-2005 [Sealed] Notice of filing entitled: IBM's Privilege Log Group Email List [Referenced by [417].] [Article] IBM
[416] 10-Mar-2005 [Sealed] Notice of filing entitled: IBM's Privilege Log (Oversized Document) [Referenced by [417].] [Article] IBM
[417] 10-Mar-2005 Certificate of service [416-1] file notice, [415-1] file notice by Intl Mach Inc [Article] IBM
[418] 10-Mar-2005 [Sealed] SCO's Privilege Log, [Article] SCO
[419] 11-Mar-2005 [Sealed] Reply memorandum in support of SCO's Motion to compel IBM to produce Samuel J. Palmisano for deposition [Note: A redacted version is available as [480] and [494].] SCO
[420] 14-Mar-2005 Reply to response to [403-1] motion for reconsideration of [377-1] order striking amended scheduling [177-1] order discovery due set for 22-Apr-2005, [177-2] relief motion filing deadline set for 20-May-2005, [177-3] relief Final Pretrial Conference set for 2:30 10-Oct-2005, [177-4] relief 5-Week Jury trial set for 8:30 01-Nov-2005, [177-5] relief [Article] IBM
[421] 15-Mar-2005 Memorandum in opposition to [414-1] motion to extend time to comply with 18-Jan-2005 order by 45 days or by 03-May-2005 [Article] SCO
[422] 17-Mar-2005 Notice of Hearing filed: Motion hearing set for 3:00 21-Apr-2005 for [374-1] motion to compel IBM to produce Samuel J. Palmisano for deposition, set for 3:00 21-Apr-2005 for [322-1] motion to amend complaint (for leave to file 3rd amended complaint) To be held before Judge Kimball cc:atty (Ntc generated by: KJ) [Referenced by [437].] [Article] Court
[423] 17-Mar-2005 Notice of Hearing filed: Motion hearing set for 3:00 26-Apr-2005 for [340-1] motion to intervene and to unseal court's file by G2 Computer Intel, set for 3:00 26-Apr-2005 for [380-2] motion to intervene (joined with [340-1] motion by G2 Computer Intelligence), set for 3:00 26-Apr-2005 for [380-3] motion to unseal court files (joined with [340-1] motion by G2 Computer  Intelligence) To be held before Judge Kimball cc:atty (Ntc generated by: KJ) [Referenced by [437].] [Article] Court
[424] 17-Mar-2005 Order granting [414-1] motion to extend time to comply with 18-Jan-2005 order by 45 days or by 03-May-2005 signed by Judge Dale A. Kimball , 16-Mar-2005 cc:atty [Text] Court
[--] 22-Mar-2005 Terminated document(s): terminating [142-1] motion to dismiss counterclaim; ruled on in Memorandum Decision of 09-Feb-2005 Court
[425] 23-Mar-2005 [Sealed] Memorandum in Opposition to IBM's Motion for Entry of Order Limiting Scope of IBM's Ninth Counterclaim [Note: A redacted version is available as [490].] SCO
[--] 24-Mar-2005 Terminated document(s): terminating [142-2] motion or, in the alternative to separate per order 10-Feb-2005 Court
[426] 25-Mar-2005 Memorandum in support of proposed scheduling order [Text] IBM
[427] 01-Apr-2005 Memorandum in support of SCO's proposed scheduling order [Article]
[Text]
SCO
[427] 01-Apr-2005 Request for Oral Argument on [427-1] support memorandum SCO
[428] 01-Apr-2005 Reply to response to [405-1] motion for entry of order limiting scope of IBM's ninth counterclaim [Text] IBM
[429] 11-Apr-2005 Ex parte motion to vacate/adjourn the April 21, 2005 Argument on SCO's Motion to Amend Complaint
[Referenced by [433] [434] [435].]
[Article]
[Text]
SCO
[430] 11-Apr-2005 Memorandum in further support of proposed scheduling order [Article]
[Text]
IBM
[431] 11-Apr-2005 Objections to SCO's privilege log [Raw [Text].] [Article]
[Text]
IBM
[432] 11-Apr-2005 [Sealed] Objections to IBM's privelege log and memo in support of SCO's request to compel IBM to provide proper bases for its privilege claims [Note: A redacted version is available as [491]. Unsealed on 24-Aug-2005.] [Article] SCO
[433] 13-Apr-2005 Reply to response to [429-1] ex parte motion to vacate/adjourn the April 21, 2005 Argument on SCO's Motion to Amend Complaint [Article] SCO
[434] 13-Apr-2005 Order denying [429-1] ex parte motion to vacate/adjourn the April 21, 2005 Argument on SCO's Motion to Amend Complaint signed by Judge Dale A. Kimball , 13-Apr-2005 cc:atty [Text] Court
[435] 12-Apr-2005 Memorandum in opposition to [429-1] ex parte motion to vacate/adjourn the April 21, 2005 Argument on SCO's Motion to Amend Complaint [Text] IBM
[436] 20-Apr-2005 Order granting in part, denying in part [403-1] motion for reconsideration of [377-1] order striking amended scheduling [177-1] order discovery due set for 22-Apr-2005, [177-2] relief motion filing deadline set for 20-May-2005, [177-3] relief Final Pretrial Conference set for 2:30 10-Oct-2005, [177-4] relief 5-Week Jury trial set for 8:30 01-Nov-2005, [177-5] relief (see order for specifics) signed by Judge Brooke C. Wells , 19-Apr-2005 cc:atty [Text] Court
[437] 21-Apr-2005 Minute entry: Motion hearing held for [380-2] motion to intervene (joined with [340-1] motion by G2 Computer Intelligence), held for [380-3] motion to unseal court files (joined with [340-1] motion by G2 Computer Intelligence), held for [374-1] motion to compel IBM to produce Samuel J. Palmisano for deposition, [343-1] motion pursuant to Rule 56(f) in further opposition to IBM's Motion for Summary Jgm on SCO's Contract Claims, held for [340-1] motion to intervene and to unseal court's file by G2 Computer Intel [405-1] motion for entry of order limiting scope of IBM's ninth counterclaim taken under advisement, [380-2] motion to intervene (joined with [340-1] motion by G2 Computer Intelligence) taken under advisement, [380-3] motion to unseal court files (joined with [340-1] motion by G2 Computer Intelligence) taken under advisement, [374-1] motion to compel IBM to produce Samuel J. Palmisano for deposition taken under advisement, [343-1] motion pursuant to Rule 56(f) in further opposition to IBM's Motion for Summary Jgm on SCO's Contract Claims taken under advisement, [340-1] motion to intervene and to unseal court's file by G2 Computer Intel taken under advisement, [322-1] motion to amend complaint (for leave to file 3rd amended complaint) taken under advisement ; Judge: DAK Court Reporter: Kelly Hicken Court Deputy: Anne Morgan
[Note: there seems to be one docket entry for 2 hearings:
- Hearing on 21-Apr-2005 scheduled by [422], Groklaw court report, Transcript PDF, [Part 1], [Part 2], [Part 3], [Part 4], Discussion, Text, Article.
- Hearing on 26-Apr-2005 scheduled by [423], Groklaw court report, Transcript PDF, Discussion.
]
Court
[438] 28-Apr-2005 Order denying [380-2] motion to intervene (joined with [340-1] motion by G2 Computer Intelligence), denying [380-3] motion to unseal court files (joined with [340-1] motion by G2 Computer Intelligence) signed by Judge Dale A. Kimball , 28-Apr-2005 cc:atty [Referenced by [449].] [Text] Court
[439] 02-May-2005 Motion for order approving stipulation regarding responses to privilege log objections filed by IBM. [Referenced by [440].] [Text] IBM/SCO
[440] 02-May-2005 Order granting/approving [439] Motion re: Responses to Privilege Log Objections. Signed by Judge Dale A. Kimball on 02-May-2005. [Text] Court
[441] 03-May-2005 Declaration of Todd M. Shaughnessy. [Text] IBM
[442] 04-May-2005 Redaction to [406] Sealed Document entitled: Memorandum in Opposition to SCO's Motion to Compel IBM to Produce Samuel J. Palmisano for Deposition by Defendant International Business Machines Corporation. [Referenced by [375].] [Article] IBM
[443] 04-May-2005 Redaction to [332] Declaration of Irving Wladawsky-Berger by Defendant International Business Machines Corporation. [Article] IBM
[444] 04-May-2005 Redaction to [304] Sealed Document entitled: Opposition to SCO's Supplemental Memorandum Regarding Discovery by Defendant International Business Machines Corporation. [Text] IBM
[445] 04-May-2005 Redaction to [334] Declaration of Andrew Bonzani by Defendant International Business Machines Corporation. [Article] IBM
[446] 04-May-2005 Redaction to [331] Declaration of Alec S. Berman by Defendant International Business Machines Corporation. [Article] IBM
[447] 04-May-2005 Redaction to [407] Sealed Document entitled: Sur-reply Memorandum in Further Opposition to SCO's Motion for Leave to File a Third Amended Complaint by Defendant International Business Machines Corporation. (Attachments: # (1) exhibits a-m, # (2), # (3), # (4)) [Article]
[Text]
IBM
[448] 04-May-2005 Redaction to [333] Declaration of Samuel J. Palmisano. [Article] IBM
[449] 27-May-2005 Notice regarding unsealing of documents pursuant to 28-Apr-2005 order [438] [Article]
[Text]
IBM
[450] 27-May-2005 Status Report in compliance with the courts 28-Apr-2005 Order regarding the unsealing of documents by SCO Group. [Article]
[Text]
SCO
[451] 03-Jun-2005 SCO's Updated Report in compliance with the Courts 28-Apr-2005 order regarding the unsealing of documents by SCO Group. [Article] SCO
[452] 16-Jun-2005 Notice of Unsealing by SCO Group [Article]
[Text]
SCO
[453] 20-Jun-2005 Redaction to [271] Memorandum in Support of Motion by Defendant International Business Machines Corporation. IBM
[454] 20-Jun-2005 Redaction to [230] Sealed Document/Memo in Support by Defendant International Business Machines Corporation. (Attachments: # (1), # (2)) IBM
[455] 20-Jun-2005 Redaction to [257] Reply Memorandum/Reply to Response to Motion by Defendant International Business Machines Corporation IBM
[456] 20-Jun-2005 Redaction to [252] Sealed Document/Declaration of Brian W. Kernighan by Defendant International Business Machines Corporation. (With Exhibits 8, 9, 10, 11, 12, 13, 14, 15, 16) [Article]
[Text]
IBM
[457] 20-Jun-2005 Redaction to [227] Declaration of Todd M. Shaughnessy, [228] Exhibits by Defendant International Business Machines Corporation [Text] IBM
[458] 20-Jun-2005 Redaction to [239] Sealed Document, [238] Exhibits, [237] Declaration of Amy F. Sorenson by Defendant International Business Machines Corporation IBM
[459] 20-Jun-2005 Redaction to [250] Reply Declaration of Todd M. Shaughnessy, [251] Exhibits by Defendant International Business Machines Corporation. Note: Document is oversized, therefore it is not scanned into an electronic image and is stored in the clerks office for viewing. Exhibit: # (22) Michael Davidson email [Text] [Article] (Swartz Memo [pdf]) IBM
[460] 20-Jun-2005 Redaction to Exhibits re: [239] Sealed Document, [238] Exhibits, [237] Declaration of Amy F. Sorenson by Defendant International Business Machines Corporation. Note: Document is oversized, therefore it is not scanned into an electronic image and is stored in the clerks office for viewing. [460-24 - Deposition of SCO employee Erik W. Hughes - [Article] [Text].] IBM
[461] 20-Jun-2005 Redaction to [241] Sealed Document/Memo in Support by Defendant International Business Machines Corporation. Note: Document is oversized, therefore it is not scanned into an electronic image and is stored in the clerks office for viewing. IBM
[462] 20-Jun-2005 Redaction to Exhibits vol 1 [227] Declaration, [228] Exhibits by Defendant International Business Machines Corporation. Note: Document is oversized, therefore it is not scanned into an electronic image and is stored in the clerks office for viewing. [Text] IBM
[463] 20-Jun-2005 Redaction to Exhibits Vol 2 [227] Declaration, [228] Exhibits by Defendant International Business Machines Corporation. Note: Document is oversized, therefore it is not scanned into an electronic image and is stored in the clerks office for viewing. [Text] IBM
[464] 20-Jun-2005 Redaction to Exhibit Vol 3 [227] Declaration, [228] Exhibits by Defendant International Business Machines Corporation. Note: Document is oversized, therefore it is not scanned into an electronic image and is stored in the clerks office for viewing. [Text] IBM
[465] 27-Jun-2005 Redaction/Unsealed filing to [337] Sealed Document/Memo in Opposition by Defendant International Business Machines Corporation. [Article]
[Text]
IBM
[466] 01-Jul-2005 Memorandum Decision denying [322] Motion to Amend/Correct/File Third Amended Complaint, granting [374] SCO Motion to Compel IBM to produce Samuel J. Palmisano for deposition, granting [405] motion for entry of order limiting scope of IBM ninth counterclaim. IBM is directed to file a proposed order that restates its ninth counterclaim. An amended scheduling order is set forth in this order as is a procedure to follow when unsealing documents that were previously filed under seal. Signed by Judge Dale A. Kimball on 01-Jul-2005. [Article] [Article] [Text] Court
[--] 01-Jul-2005 Set Deadlines/Hearings per order no [466]: Discovery due by 17-Mar-2006. Motions due by 28-Jul-2006. Pretrial Order due by 19-Jan-2007. Five Week Jury Trial set for 26-Feb-2007 08:30 AM in Room 220 before Judge Dale A. Kimball. Court
[467] 05-Jul-2005 Redaction to [197] Sealed Document: Declaration of Sandeep Gupta by Plaintiff SCO Group. [Article]
[Text]
SCO
[468] 05-Jul-2005 Redaction to [203] Sealed Document: Declaration of Chris Sontag by Plaintiff SCO Group. SCO
[469] 05-Jul-2005 Redaction to [350] Exhibit S-8 to Declaration of Jeremy O. Evans by Plaintiff SCO Group. SCO
[470] 05-Jul-2005 Redaction to [316] Reply Brief by Plaintiff SCO Group. [Article] SCO
[471] 01-Aug-2005 Order Limiting the Scope of IBM's Ninth Counterclaim. Signed by Judge Dale A. Kimball on 01-Aug-2005. [Text] Court
[472] 05-Jul-2005 Redaction to [365] Sealed Document, by Plaintiff SCO Group. [SCO's Memo in Support of Renewed Motion to Compel Discovery] [Article]
[Text]
SCO
[473] 05-Jul-2005 Notice of filing: Letter from SCO to the Court dated 25-Apr-2005 by SCO Group. [Article]
[Text]
SCO
[474] 05-Jul-2005 Notice of filing: Letter from SCO to the Court dated 19-Apr-2005 by SCO Group. [Article]
[Text]
SCO
[475] 05-Jul-2005 Notice of filing: Letter from IBM to the Court dated 28-Apr-2005 by International Business Machines Corporation. [Article]
[Text]
IBM
[476] 05-Jul-2005 Redaction to [198] Declaration - Sealed Document by Plaintiff SCO Group. [Article] SCO
[477] 05-Jul-2005 Redaction to [317] Declaration by Plaintiff SCO Group. [Article]
[Text]
SCO
[478] 05-Jul-2005 Redaction to [206] Exhibit-S3, by Plaintiff SCO Group. [Article]
[Text]
SCO
[479] 05-Jul-2005 Redaction to [269] Reply Memorandum/Reply to Response to Motion by Plaintiff SCO Group. [Article] SCO
[480] 05-Jul-2005 Redaction to [419] Sealed Document Reply Memo re: SCO's Motion to Compel IBM to Produce Samuel J. Palmisano for Deposition by Plaintiff SCO Group. [Article] SCO
[481] 05-Jul-2005 Redaction to [409] Sealed Document/ reply memo re: Renewed Motion to Compel Discovery by Plaintiff SCO Group. [Article] SCO
[482] 05-Jul-2005 Redaction to [287] Sealed Document/Supplemental Memorandum re Discovery by Plaintiff SCO Group. [Article] SCO
[483] 06-Jul-2005 Redaction to [350] Exhibits by Plaintiff SCO Group. [Article] SCO
[484] 05-Jul-2005 Redaction to [191] Sealed Document/Exhibits by Plaintiff SCO Group. [Article] SCO
[485] 05-Jul-2005 Redaction to [198] Sealed Document/Exhibits by Plaintiff SCO Group. [Article] SCO
[486] 05-Jul-2005 Redaction to [206] Exhibits, by Plaintiff SCO Group. (blk, ) Modified on 04-Aug-2005 by correcting filed date. [Referenced by [487] [488].] SCO
[487] 05-Jul-2005 Redaction to [206] Exhibits, (Part 2 of docket [486]) by Plaintiff SCO Group. (blk, ) Modified on 04-Aug-2005 by correcting filed date. SCO
[488] 05-Jul-2005 Redaction to [206] Exhibits, (additional to exhibits in [486] by Plaintiff SCO Group. (Attachments: # (1), # (2), # (3)) [Article] SCO
[489] 06-Jul-2005 Redaction to [317] Declaration Exhibits by Plaintiff SCO Group. [Article] SCO
[490] 06-Jul-2005 Redaction to [425] Exhibits to Sealed Document, by Plaintiff SCO Group. [Article] SCO
[491] 06-Jul-2005 Redaction to [432] Sealed Document Exibits, by Plaintiff SCO Group. [Article] SCO
[492] 06-Jul-2005 Redaction to [293] Sealed Exhibits by Plaintiff SCO Group. (This document is oversized, therefore the image is only of the 1st page. The full document may be viewed in the Clerks office.) (blk, ) Modified on 04-Aug-2005 by correcting filed date (blk, ). SCO
[493] 06-Jul-2005 Redaction to [365] Sealed Document Exhibits, by Plaintiff SCO Group. (Attachments: # 1)(blk, ) Modified on 04-Aug-2005 by correcting filed date (blk, ). [Article] SCO
[494] 06-Jul-2005 Redaction to [419] Sealed Document Exhibits by Plaintiff SCO Group. [Article] SCO
[495] 06-Jul-2005 Redaction to [323] Exhibits to Memorandum in Support of Motion by Plaintiff SCO Group. (Attachments: # (1), # (2)) - SCO's proposed Third Amended Complaint, which it was not permitted to file. [Article]
[Article]
SCO
[496] 06-Jul-2005 Redaction to [409] Sealed Document Exhibits by Plaintiff SCO Group. [Article]
[Text]
SCO
[497] 05-Jul-2005 Redaction to [197] Sealed Document Exhibits by Plaintiff SCO Group. (Attachments: # (1), # (2), # (3), # (4), # (5))(blk, ) Additional attachment(s) added on 04-Aug-2005 (blk,). 1990 USL/Sequent licensing agreement. [Article]
[Article]
SCO
[498] 28-Jul-2005 Redaction to [323] Memorandum in Support of Motion by Plaintiff SCO Group. [Article] SCO
[499] 28-Jul-2005 Redaction to [323] Exhibit 7 of Memorandum in Support of Motion. [Article] SCO
[500] 19-Aug-2005 Certificate of Service re: discovery by [Article] IBM
[501] 19-Aug-2005 Certificate of Service re: discovery [Article] IBM
[502] 06-Sep-2005 Restricted Document, Transcript of Proceedings held on September 15, 2004 (Argument on Motion) before Judge DALE A. KIMBALL. Court Reporter: REBECCA JANKE. (asp) [Article] Court
[503] 06-Sep-2005 Renewed Motion to Compel discovery.
[Referenced by [504] [505] [510] [513] [521] [522] [524] [530].]
[Article]
[Text]
SCO
[504] 06-Sep-2005 Redacted Memorandum in Support re [503] Renewed Motion to Compel discovery. [Article]
[Text]
SCO
[505] 12-Sep-2005 Notice of Hearing on Motion re: [503] Motion to Compel discovery: Motion Hearing set for 07-Oct-2005 at 10:00 AM in Room 436 before Magistrate Judge Brooke C. Wells. [Article] Court
[506] 12-Sep-2005 Motion/Order granting motion for Admission Pro Hac Vice for of J. Matthew Donohue for SCO Group. Court
[507] 12-Sep-2005 Motion/Order granting motion for Admission Pro Hac Vice for of Daniel P. Filor for SCO Group. Court
[508] 20-Sep-2005 Expedited Motion and Supporting Memorandum for Discovery/ for leave to take additional depositions.
[Referenced by [510] [523] [524].]
[Article] SCO
[509] 20-Sep-2005 Certificate of Service re: discovery IBM
[510] 21-Sep-2005 Amended Notice of Hearing on Motion re: [365] Renewed Motion by SCO Group to Compel Discovery, [503] Motion to Compel discovery, [508] Motion for Discovery: Motion Hearing set for 07-Oct-2005 10:00 AM in Room 436 before Magistrate Judge Brooke C. Wells. Court
[511] 21-Sep-2005 Stipulation/Motion for Extension of Time to Respond to Renewed Motion to Compel filed by IBM. [Referenced by [512].] IBM/SCO
[512] 23-Sep-2005 Order granting [511] Motion for Extension of Time to respond to renewed motion to compel by 26-Sep-2005. Signed by Judge Dale A. Kimball on 22-Sep-2005. Court
[513] 26-Sep-2005 Memorandum in Opposition re [503] SCO's Renewed Motion to Compel discovery. [Referenced by [518].] [Article] IBM
[514] 26-Sep-2005 Motion to Compel production of documents on SCO's privilege log. Oral argument requested.
[Referenced by [515] [516] [517] [519] [531] [532] [533] [535] [536] [548] [549] [555] [556] [571] [587].]
[Article]
[Text]
IBM
[515] 26-Sep-2005 Request for Oral Argument re [514] Motion to Compel production of documents on SCO's privilege log. IBM
[516] 26-Sep-2005 Memorandum in Support re [514] Motion to Compel production of documents on SCO's privilege log. [Comparison Chart.] [Article]
[Text]
[Text]
IBM
[517] 26-Sep-2005 Declaration of Daniel Frye re [514] Motion to Compel production of documents on SCO's privilege log. [Article] IBM
[518] 26-Sep-2005 Declaration of Todd M. Shaughnessy re [513] Memorandum in Opposition to Motion. [Referenced by [520].] [Text] IBM
[519] 26-Sep-2005 Declaration of Amy F. Sorenson re [514] Motion to Compel production of documents on SCO's privilege log. (Attachments: # (1) 2nd half of document) IBM
[520] 26-Sep-2005 [Sealed] Attachment E to Exhibit 2 re [518] Declaration of Todd M. Shaughnessy in Support of IBM's Opposition to SCO's Renewed Motion to Compel. IBM
[521] 30-Sep-2005 Second Amended Notice of Hearing on Motion re: [365] Renewed Motion by SCO Group to Compel Discovery, [503] Motion to Compel discovery, 508 Motion for Discovery: Motion Hearing remains set for 07-Oct-2005 at 10:00 AM before Magistrate Judge Brooke C. Wells, however, it will be heard in Courtroom 220. Court
[522] 05-Oct-2005 Reply to Response to Motion re [503] Motion to Compel discovery. [Article] SCO
[523] 06-Oct-2005 Memorandum in Opposition re [508] Motion for Discovery/to take additional depositions. [Article] IBM
[524] 07-Oct-2005 Hearing; Minute Entry for proceedings held before Judge Brooke C. Wells : Motion Hearing held on 07-Oct-2005 re [503] Motion to Compel discovery filed by SCO Group, [508] Motion for Discovery filed by SCO Group. The Court hears arguments and rules from bench: denying [503] Motion to Compel, granting in part and denying in part [508] Motion for Discovery - see order for specifics. Counsel for IBM to prepare the order. Hearing set for 20-Dec-2005 at 10:00 a.m. as to dft's remaining motion to compel and pla's renewed motion to be filed by 21-Oct-2005. The Courtroom is to be determined, a notice of hearing will be sent. Court is adjouned. Attorney for Plaintiff: Stuart Singer, Attorney for Defendant David Marriott. [Groklaw Court Report, Transcript as [PDF] and [Text], [Article], [Article].] [Article] Court
[525] 06-Oct-2005 Stipulation of Dismissal re: Counterclaims by International Business Machines Corporation. [Referenced by [526].] [Article] IBM
[526] 11-Oct-2005 Order that IBM's 11th counterclaim, 12th counterclaim, and 13th counterclaim, from IBM's 2nd Amd Counterclaims be dismissed with prejudice, each party to bear own costs and fees. Re [525] Stipulation of Dismissal filed by International Business Machines Corporation, . Signed by Judge Dale A. Kimball on 10-Oct-2005. [Article] Court
[527] 11-Oct-2005 Unsealed Declaration of Todd M. Shaughnessy re [345] Sealed Document. (Take Note: This document is oversized. Only the main declaration is scanned into an image. The exhibits are not scanned. The complete document is retained in the clerks office for viewing.) Exhibit: [1998 IBM-Santa Cruz Project Monterey Agreement [Article] ; 9 other exhibits as PDFs: 527-3 - presentation titled "genus: An IBM/SCO UNIX Project, 527-4 - Santa Cruz presentation titled "DCAP and Monterey", 527-10 - email from John Boland of Santa Cruz, 527-11 - printout from AIX 5L website, 527-13 - IBM Announces AIX 5L Beta - Introducing the Next Generation of AIX, 527-18 - IBM AIX 5L Version 5.1 Advanced UNIX Operating System with Linux Affinity Delivers the Most Powerful and Flexible Choice for e-business and Enterprise Servers, 527-19 - IBM US Announcement Supplemental Information, 527-21 - Printing for Fun and Profit under AIX 5L, 527-22 - AIX 5L Differences Guide Version 5.1 Edition.] [Referenced by [529].] [Article]
[Article]
IBM
[528] 11-Oct-2005 Unsealed Declaration of Amy F. Sorenson re [220] Sealed Document, [219] Declaration. (Take note: This document is oversized and only the declaration is scanned into an image. The exhibits are not scanned. The entire document is retained in the clerks office for viewing.) [Referenced by [529].] [Article] IBM
[529] 11-Oct-2005 Notice of unsealing documents by International Business Machines Corporation re [527] Declaration,, [528] Declaration, [Article] Court
[530] 13-Oct-2005 Order that SCO is to Refile [366] Renewed Motion to Compel Discovery, Denying [503] SCO's Renewed Motion to Compel Discovery, Increasing Allowable Depositions by 10, Signed October 12, 2005 by Magistrate Judge Brooke Wells
[Referenced by [539] [540] [583].]
[Text] Court
[531] 17-Oct-2005 Stipulation to Enlargement of Time for SCO to File Response to [514] IBM's Motion to Compel Production of Documents on SCO's Privilege Log [Referenced by [532] [533].] [Article] IBM
[532] 18-Oct-2005 Order Granting [531] Stipulation for Extension of Time for SCO to File Response to [514] IBM's Motion to Compel Production of Documents on SCO's Privilege Log, signed October 20, 2005 by Judge Brooke C. Wells Court
[533] 18-Oct-2005 Order Granting [531] Stipulation for Enlargement of Time for SCO to File Response to [514] IBM's Motion to Compel Production of Documents on SCO's Privilege Log, signed October 18, 2005 by Judge Dale A Kimball Court
[534] 21-Oct-2005 SCO's new renewed Motion to Compel Discovery
[Referenced by [536] [552] [564] [587] [588].]
[Article]
[text]
SCO
[535] 21-Oct-2005 Memorandum in Opposition to to [514] IBM's Motion to Compel Production of Documents on SCO's Privilege Log [Comparison Chart.] [Article]
[Text]
SCO
[536] 28-Oct-2005 Notice of Hearing on Motion re: [514] Motion to Compel Production of Documents on SCO's Privilege Log, [534] Motion to Compel Discovery. Set for December 20, 2005 at 10:00am in Room 220 before Magistrate Judge Brooke C. Wells Court
[537] 27-Oct-2005 SCO's Motion to Compel Discovery
[Referenced by [538] [561] [566] [587] [588] [647].]
[Article]
[Text]
SCO
[538] 27-Oct-2005 SCO's Memorandum In Support of [537] SCO's Motion to Compel Discovery [Article]
[Text]
SCO
[539] 27-Oct-2005 SCO's Objection to [530] the Magistrate Court's Order of October 12, 2005
[Referenced by [540] [562] [567] [569].]
[Article]
[Text]
SCO
[540] 27-Oct-2005 SCO's Memorandum In Support of [539] SCO's Objection to [530] the Magistrate Court's Order of October 12, 2005 [Article]
[Text]
SCO
[541] 28-Oct-2005 [Sealed] SCO's Revised Supplemental Response to IBM's Six Sets of Interrogatories SCO
[542] 28-Oct-2005 SCO's Interim Disclosure of Material misused by IBM [Referenced by [544] [545].] [Text] SCO
[543] 28-Oct-2005 IBM's Certificate of Service of Subpoena Duces Tecum upon KPMG [Text] IBM
[544] 28-Oct-2005 [Sealed] SCO's Exhibit to [542] SCO's Notice of Filing of Interim Disclosure of Material Misused by IBM [Referenced by [545] [547].] [Article]
[Article]
SCO
[545] 28-Oct-2005 [Sealed] SCO's Appendix Volumes I Through X to [544] SCO's Exhibit to [542] SCO's Interim Disclosure of Material Misused by IBM SCO
[546] 31-Oct-2005 Notice of Hearing Status Conference set for November 3, 2005 at 10:30AM in Room 220 before Judge Dale A. Kimball Court
[547] 03-Nov-2005 [Sealed] SCO's Corrections to [544] Exhibit 1 to SCO's Interim Disclosure of Material Misused by IBM SCO
[548] 04-Nov-2005 Stipulation to Enlargement of Time for IBM to File its Reply Memorandum in Support of [514] IBM's Motion to Compel Production of Documents on SCO's Privilege Log [Referenced by [549].] SCO/IBM
[549] 07-Nov-2005 Order Granting [548] Stipulation to Enlargement of Time for IBM to File Reply Memorandum in Support of [514] IBM's Motion to Compel Production of Documents on SCO's Privilege Log Court
[550] 08-Nov-2005 IBM's Certificate of Service of Subpoena Duces Tecums upon Arthur Anderson LLP c/o CT Corporation System [Text] IBM
[551] 08-Nov-2005 IBM's Certificate of Service of Subpoena Duces Tecums upon Ernst & Young LLP c/o David R. Jolley [Text] IBM
[552] 08-Nov-2005 IBM's Memorandum in Opposition to [534] SCO's New Renewed Motion to Compel Discovery [Text] IBM
[553] 09-Nov-2005 IBM's Certificate of Service for Subpoena Duces Tecums Served on KPMG/Craig Omer on 31-Oct-2005 IBM
[554] 09-Nov-2005 IBM's Certificate of Service of Subpoena Duces Tecum upon Deloitte & Toche c/o Paul G. Child IBM
[555] 10-Nov-2005 Stipulation to Enlargement of Time for IBM to File its Reply Memorandum in Support of its Motion [514] to Compel Production of Documents on SCO's Privilege Log [Referenced by [556].] [Article] IBM/SCO
[556] 10-Nov-2005 Order Granting [555] Stipulation for Extension of Time for IBM to File its Reply Memorandum in Support to [514] IBM's Motion to Compel Production of Documents on SCO's Privilege Log, signed November 14, 2005 by Judge Dale A. Kimball [Article] Court
[557] 14-Nov-2005 Stipulation/Motion to Extension of Time for IBM to respond to SCO's Motion to Compell Discovery by 21-Nov-2005, and for IBM to respond to SCO's Objection to Magistrates Order of 12-Oct-2005 by 21-Nov-2005 filed IBM. [Referenced by [563].] [Article] IBM/SCO
[558] 14-Nov-2005 Restricted Document Return of Service Executed for Subpoena served on Deloitte & Touche, c/o Thomas T. Rich on 09-Nov-2005 [Article] IBM
[559] 14-Nov-2005 Restricted Document Return of Service Executed for Subpoena served on Ernst & Young, c/o David Jolley on 08-Nov-2005 [Article] IBM
[560] 17-Nov-2005 Restricted Document Return of Service Executed for Subpoena served on Arthur Andersen c.o CT corporation System on 09-Nov-2005 [Article] IBM
[561] 21-Nov-2005 IBM's Memorandum in Opposition to [537] SCO's Motion to Compel Discovery [Article] IBM
[562] 21-Nov-2005 IBM's Memorandum in Opposition to [539] SCO's Objection to Magistrate Judge Wells' Order of October 12, 2005 [Article] IBM
[563] 23-Nov-2005 Order granting [557] Motion to Extension of Time for IBM to respond to SCO's Motion to Compell Discovery by 21-Nov-2005, and for IBM to respond to SCO's Objection to Magistrates Order of 12-Oct-2005 by 21-Nov-2005 Court
[564] 23-Nov-2005 SCO's Reply Memorandum In Further Support of [534] Reply Memorandum in Further Support of SCO's New Renewed Motion to Compel [Text] SCO
[565] 02-Dec-2005 Notice of Miscellaneous Hearing re: SCO's Objections to Magistrate's Order, set for 13-Dec-2005 10:30 AM in Room 220 before Judge Dale A. Kimball (2005-12-02) [Article] Court
[566] 06-Dec-2005 [Sealed] SCO's Reply Memorandum in Support of [537] Motion to Compel Discovery [Referenced by [568].] SCO
[567] 06-Dec-2005 [Sealed] SCO's Reply Memorandum in Support of [539] SCO's Objections to Magistrate's Order [Referenced by [569].] SCO
[568] 07-Dec-2005 SCO's Motion to Seal re [566] Reply Memorandum/Reply to Response to Motion [Referenced by [576].] [Article] SCO
[569] 07-Dec-2005 SCO's Motion to Seal [567] Reply Memorandum in Support of [539] SCO's Objections to Magistrate's Order [Referenced by [577].] [Article] SCO
[570] 07-Dec-2005 Stipulation Re. Scheduling Order [Article] SCO/IBM
[571] 08-Dec-2005 [Sealed] IBM's Reply Memorandum in Support of [514] Motion to Compel production of documents on SCO's privilege log [Referenced by [572] [573].] IBM
[572] 08-Dec-2005 Redaction to [571] Sealed Document: IBM's Reply Memorandum in Support of Motion to Compel Production of Documents on SCO' Privilege Log. [Comparison Chart.] [Referenced by [573] [578].] [Text] IBM
[573] 08-Dec-2005 [Sealed] Declaration of Todd M. Shaughnessy in Support of Reply Memorandum in Support of Motion to Compel. Re [572] Redacted Document, [571] Sealed Document. Note - unsealed in [578] IBM
[574] 08-Dec-2005 Stipulation & Motion for entry of order eliminating the numerical limit on requests for admission contained in the Scheduling Order entered by Magistrate Judge Nuffer on 20-Jun-2003 [Article] SCO/IBM
[575] 09-Dec-2005 Order granting Motion for entry of order eliminating the numerical limit on requests for admission, signed by Judge Brooke C. Wells Court
[576] 09-Dec-2005 Order granting Motion [568] SCO's Motion to Seal, signed by Judge Dale A. Kimball Court
[577] 09-Dec-2005 Order granting Motion [569] SCO's Motion to Seal, signed by Judge Dale A. Kimball Court
[578] 09-Dec-2005 Declaration of Todd M. Shaughnessy in Support of Reply Memorandum in Support of Motion to Compel. Re [572] Mistakenly sealed in [573] [Referenced by [579].] [Text] IBM
[579] 08-Dec-2005 [Sealed] Exhibit 4 to [578] Declaration of Todd M. Shaughnessy. IBM
[580] 13-Dec-2005 Minute Entry for Proceedings Held Before Judge Dale A. Kimball : Miscellaneous Hearing re: pla's objections to Magistrate Judge's order held on 13-Dec-2005. After hearing the arguments of counsel, the Court took the matter under advisement. Attorney for Plaintiff: Ted Normand & Brent Hatch, Attorney for Defendant: David Marriott & Todd Shaughnessy. (Court Reporter : Mindy Powers.) [Groklaw Court Report], Transcript as [PDF], [Article] and [Text].] [Article]
[Article]
Court
[581] 14-Dec-2005 IBM's Certificate of Service re: Discovery IBM
[582] 14-Dec-2005 SCO's Plaintiff's Motion for Protective Order [Referenced by [587].] [Text] SCO
[583] 14-Dec-2005 Order Affirming [530] Magistrate Judge's Order of 12-Oct-2005 [Text] Court
[584] 16-Dec-2005 Order granting Motion for entry of order eliminating the numerical limit on requests for admission, signed by Judge Dale A. Kimball Court
[585] 16-Dec-2005 IBM's Certificate of Service of IBM's Responses and Objections to SCO's Fifth Set of Interrogatories IBM
[586] 20-Dec-2005 Order Regarding Third Party Subpoena Production [Text] Court
[587] 20-Dec-2005 Minute Entry for proceedings held before Judge Brooke C. Wells: Motion Hearing held on 20-Dec-2005. Counsel for both parties present. The Court hears oral argument and rules as follows: re [537] Motion to Compel Discovery filed by SCO Group - Granted in Part, Denied in Part - Affidavits to be provided by 06-Jan-2006, re: [514] Motion to Compel production of documents on SCO's privilege log filed by International Business Machines Corporation - Granted - log to be provided by 06-Jan-2006; re: [534] Motion to Compel Discovery filed by SCO Group - Finding as Moot - based on Judge Kimball's ruling; [582] Motion for Protective Order filed by SCO Group - Finding as Moot - The parties have reached a resolution and an order is executed and filed in open court. Order to be prepared by defendant; See order for specifics. Court is adjourned. Attorney for Plaintiff: Edward Normand, Attorney for Defendant David Marriott, Todd Shaughnessy.(Court Reporter Kelly Hicken.) [Groklaw Court Report], Transcript as [PDF] and [Text].] [Referenced by [588] [647].] [Article] Court
[588] 21-Dec-2005 Modification of Docket: The previous minute entry [587] contains an error as to ruling on motions. Correction: Motion [534] is Granted in Part and Denied in Part with affidavits due on 06-Jan-2006; Motion [537] is Moot per Judge Kimball's ruling Court
[589] 22-Dec-2005 Notice of Filing of Disclosure of Material Misused by IBM. [Referenced by [591].] [Text] SCO
[590] 22-Dec-2005 [Sealed] SCO's Second Revised Supplemental Response to Defendants Six Sets of Interrogatories. SCO
[591] 22-Dec-2005 [Sealed] Appendix Volumes I-XX to [589] Disclosure of Material Misused by IBM. (Clerk's Note: Appendix volumes are oversized, therefore they are not scanned into electronic images for attachment to docket event. They are contained in 7 labled boxes. They will be retained in the 5th floor sealed room for viewing by the court, and by persons with authorization to view by court order only.) SCO
[592] 29-Dec-2005 SCO's Motion to Compel
[Referenced by [594] [595] [600] [601] [616] [618] [621] [622] [633].]
[Text] SCO
[593] 29-Dec-2005 SCO's Motion for Leave to File Overlength Memorandum in Support of its Motion to Compel [Referenced by [596].] [Text] SCO
[594] 29-Dec-2005 [Sealed] Memorandum in Support of [592] SCO's Motion to Compel. [Referenced by [621].] SCO
[595] 29-Dec-2005 [Sealed] Declaration of Mark F. James re: [592] SCO's Motion to Compel. SCO
[596] 06-Jan-2006 Order Granting [593] SCO's Motion for Leave to File Excess Pages, Signed January 6, 2006 by Judge Brooke C. Wells Court
[597] 06-Jan-2006 Declaration of Nicholas S. Bowen [Article] IBM
[598] 06-Jan-2006 Declaration of Paul M. Horn [Article] IBM
[599] 17-Jan-2006 IBM's Return of Service of Subpoena served on PriceWaterhouseCoopers LLC, Ivan. P Stolze on January 4, 2006 IBM
[600] 17-Jan-2006 IBM's Memorandum in Opposition to [592] SCO's Motion to Compel Discovery [Referenced by [601].] [Article] IBM
[601] 17-Jan-2006 IBM's Declaration of Todd M. Shaughnessy re: [600] IBM's Memorandum in Opposition to [592] SCO's Motion to Compel Discovery [Text] IBM
[602] 19-Jan-2006 Minute Entry for proceedings held before Judge Brooke C. Wells : Telephone Conference held on 19-Jan-2006 re: Interpretation of order [184] as to production of affidavits or delcarations to be used at deposition. Parties to prepare order. Attorney for Plaintiff: Ted Normand, Attorney for Defendant David Marriott. Court
[603] 24-Jan-2006 Transcript of Hearing Held December 13, 2005 before Judge Dale A. Kimball Court
[604] 26-Jan-2006 Minute Entry for Telephone Conference held on January 26, 2006 before Judge Brooke C. Wells. The Court Rules The depositions of Otis Wilson and Ted Kennedy ONLY may be extended by 30 days (by 26-Feb-2006). Counsel are to agree on the date and time. As to Mr. Wilson - he is not to be subjected to any questions other than reasonable inferences re: new information only. As to the depositions of the three corporations addressed by SCO, the Court will not address this except via motion, which SCO may file.Attorney for Plaintiff: Ted Normand, Attorney for Defendant Todd Shaughnessey [Referenced by [747].] [Article] Court
[605] 31-Jan-2006 Certificate of Service by International Business Machines Corporation to SCO's Ninth Request for the Production of Documents (Shaughnessy, Todd) Modified on 31-Jan-2006 - the incorrect PDF was attached to this entry. This certificate of service will be re-efiled by counsel. [Referenced by [609].] IBM
[606] 31-Jan-2006 Certificate of Service to SCO's Sixth Set of Interrogatories (Shaughnessy, Todd) IBM
[607] 27-Jan-2006 SCO's Motion for Leave to Take Certain Prospective Depositions. [Prospective Depositions of Intel, Oracle and The Open Group [Article], [Article], [Article] ]
[Referenced by [616] [622] [623] [626] [628] [633].]
[Text] SCO
[608] 31-Jan-2006 Certificate of Service by International Business Machines Corporation of IBM's Responses and Objections to SCO's Ninth Request for the Production of Documents (Shaughnessy, Todd) IBM
[609] 30-Jan-2006 Modification of Docket: Error: incorrect PDF was attached to entry no. [605]. Correction: the docket text of this entry was modified to reflect that counsel will re-efile the Certificate of Service by International Business Machines Corporation of IBM's Responses and Objections to SCO's Ninth Request for the Production of Documents. (ce, ) Court
[610] 01-Feb-2006 [Sealed] SCO's Reply Memorandum in further Support of SCO's Motion to Compel Discovery (redacted in [611]) SCO
[611] 01-Feb-2006 SCO's Reply Memorandum in further Support of SCO's Motion to Compel Discovery (redacted) [Referenced by [610].] [Text] SCO
[612] 07-Feb-2006 Intel's Notice of Entry of Appearance of Counsel [Article] Intel
[613] 07-Feb-2006 Nonparty Intel's Response to SCO's Motion For Leave to Take Certain Prospective Depositions [Article]
[Text]
Intel
[614] 08-Feb-2006 Jessica L. Everett-Garcia and Anthony L. Marks admitted as attorneys for Intel pro hac.[Document image did not attach correctly to 614, so [615] contains notice of the modification of the docket and the image] (Note: later fixed) Court/Intel
[615] 08-Feb-2006 Jessica L. Everett-Garcia and Anthony L. Marks admitted as attorneys for Intel pro hac. [Referenced by [614].] [Article] Court/Intel
[616] 10-Feb-2006 Notice of Hearing on Motion re: [607] Motion for Leave to Take Certain Prospective Depositions, [592] Motion to Compel Discovery: Motion Hearing set for 24-Feb-2006 at 09:30 AM in Room 220 before Magistrate Judge Brooke C. Wells. (jwd, ) [Article] Court
[617] 13-Feb-2006 IBM's Memorandum in Opposition to SCO's Motion for Leave to Take Certain Prospective Depositions
[ Exhibit 1; Exhibit 2; Exhibit 3; Exhibit 4 as PDFs ] [Referenced by [623].]
[Article]
[Text]
IBM
[618] 10-Feb-2006 Redaction to [592] SCO's Declaration of SCO's Declaration of Mark F. James re: [592] SCO's Motion to Compel. SCO
[619] 13-Feb-2006 IBM's Motion to Limit SCO's Claims Relating to Allegedly Misused Material
[Referenced by [620] [643] [662] [667] [718].]
[Text] IBM
[620] 13-Feb-2006 IBM's Memorandum in Support of [619] Motion to Limit SCO's Claims Relating to Allegedly Misused Material [Exhibits] [Text] IBM
[621] 10-Feb-2006 SCO's Memorandum in Support of [592] Motion to Compel ([594] filed in redacted form)
[Exhibit 1; Exhibit 2; Exhibit 3 to 17 (sealed); Exhibit 18; Exhibit 19; Exhibit 20 to 21 (sealed); Exhibit 22; Exhibit 23; Exhibit 24 to 29 (sealed); Exhibit 30; Exhibit 31; Exhibit 32 to 33 (sealed); Exhibit 34 as PDFs]
[Article]
[Text]
SCO
[622] 13-Feb-2006 Amended Notice of Hearing on Motion re: [607] Motion for Leave to Take Certain Prospective Depositions, [592] Motion to Compel Discovery: Motion Hearing previously set for 24-Feb-2006 at 09:30 AM in Room 220 before Magistrate Judge Brooke C. Wells has been reset for 24-Feb-2006 at 2:30 PM in Room 220 before Magistrate Judge Brooke C. Wells. Please note the change in time from 9:30 AM to 2:30 PM. (jwd, ) [Article] Court
[623] 13-Feb-2006 [Sealed] IBM's Exhibit 4 [SCO v. IBM 623] to [617] IBM's Memorandum in Opposition to [607] IBM
[624] 15-Feb-2006 Certificate of Service by International Business Machines Corporation of IBM's Seventh Set of Interrogatories (Shaughnessy, Todd) [Article] IBM
[625] 15-Feb-2006 Certificate of Service by International Business Machines Corporation of IBM's Eleventh Set of Requests for Admission (Shaughnessy, Todd) [Article] IBM
[626] 15-Feb-2006 [Sealed] SCO's Reply Memorandum in Support of [607] Motion for Leave to Take Certain Prospective Depositions. [Referenced by [628].] [Article] SCO
[627] 15-Feb-2006 Certificate of Service by International Business Machines Corporation of IBM's Eighth Request for the Production of Documents (Shaughnessy, Todd) [Article] IBM
[628] 17-Feb-2006 SCO's Reply Memorandum in Support of [607] Motion for Leave to Take Certain Prospective Depositions. (redacted version of [626]) [Article]
[Text]
SCO
[629] 17-Feb-2006 Stipulation & JOINT Motion regarding requests for admission filed by Defendant International Business Machines Corporation, Plaintiff SCO Group. [Referenced by [637].] IBM/SCO
[630] 21-Feb-2006 IBM's Notice of Service of Subpoenas Duces Tecum
[Exhibit A - HP's; Exhibit B -Baystar's; Exhibit C - Microsoft's; Exhibit D -Sun's as PDFs]
[Article]
[Text]
IBM
[631] 22-Feb-2006 IBM's Notice of Service of Subpoenas Duces Tecum
[Subpoena to Houlihan; Valuation, Part 1 - Note that as of March 10, 2006 by order [PDF] of the court, on stipulation by the parties, this document is sealed; Part 2 - Note that this document is also sealed as of March 10, 2006 order of the court; Part 3; Part 4 as PDFs]
[Referenced by [641] [648] [649].]
[Article] IBM
[632] 28-Feb-2006 IBM's Notice of Service of Subpoenas Duces Tecum
[Exhibit A, B as PDFs]
[Article] IBM
[633] 24-Feb-2006 Minute Entry for proceedings held before Judge Brooke C. Wells : Motion Hearing held on 24-Feb-2006. Counsel for both parties present. Court hears arguments and rules as follows: [592] Motion to Compel filed by SCO Group - Denied without prejudice. A much more detailed and concise motion to compel may be filed within 30 days. [607] Motion for Leave to Take Certain Prospective Depositions filed by SCO Group - Denied. Counsel for defenendant to prepare order. Court is ADJOURNED. Attorney for Plaintiff: Brett Hatch, Mark James, Attorney for Defendant Todd Shaughnessey.(Court Reporter Kelly Hicken.) [Groklaw Court Report, Transcript [PDF] and [text].] [Referenced by [671].] [Article] Court
[634] 01-Mar-2006 IBM's Affidavit of Service for Subpoena in a Civil Case served on Ricardo Miranda/Registered Agent/Houlihan Valuation Advisors on 23-Feb-2006. [Article] IBM
[635] 02-Mar-2006 Affidavit of Service for Subpoena in a Civil Case served on Michael Sean Wilson on 22-Feb-2006. [Article] IBM
[636] 02-Mar-2006 IBM's Affidavit of Service for Subpoena In A Civil Case served on Prentice-Hall/Registered Agent/McGraw-Hill on 3-1-2006. [Article] IBM
[637] 03-Mar-2006 Order granting [629] Stipulation & JOINT Motion regarding requests for admission signed by Judge Brooke C. Wells on 03-Mar-2006. Court
[638] 03-Mar-2006 Remark: Letters Rogatory issued by the clerk's office and given to counsel Todd M. Shaughnnessy. (jwt, ) [Article] IBM
[639] 08-Mar-2006 Motion for Leave to File Excess Pages. [Referenced by [640].] [Article] SCO
[640] 08-Mar-2006 Order granting [639] Motion for Leave to File Excess Pages . Signed by Judge Dale A. Kimball on 08-Mar-2006. [Article] Court
[641] 09-Mar-2006 Stipulated Motion to Seal Confidential Documents re [631] Notice (Other), Notice (Other). (Attachments: # (1) Text of Proposed Order) [Referenced by [649].] [Article] IBM
[642] 09-Mar-2006 Notice of Issuance of Subpoenas by International Business Machines Corporation (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E)(Wheatley, Nathan) [Article] IBM
[643] 07-Mar-2006 SCO's Memorandum in Opposition to [619] IBM's Motion to Limit SCO's Claims Relating to Allegedly Misused Material [Sealed] [Referenced by [644].] [Article] SCO
[644] 07-Mar-2006 IBM's Exhibits to [643] SCO's Memorandum in Opposition to IBM's Motion to Limit SCO's Claims Relating to Misused Material [sealed] [Article] IBM
[645] 13-Mar-2006 IBM's Certificate of Service, subpoena served on Robert Marsh, February 27, 2006 [Article] IBM
[646] 03-Mar-2006 Minute Entry, telephone conference, March 3, 2006, before Judge Brooke C. Wells re: Letters Rogatory and Depositions. SCO has no objection to the deposition of the witness taking place after the discovery deadline. Parties updated the Court as to the status of the case. The Court directed that should further telephone status conferences be necessary, counsel are to contact the Court for scheduling. Attorney for Plaintiff: Edward Normand, Attorney for Defendant Todd Shaughnessy. Court
[647] 10-Mar-2006 Order granting in part, denying in part [537] Renewed Motion to Compel, [587] Order on Motion to Compel, Order on Motion for Protective Order (memorializing order from the bench at December 20, 2005 hearing [587] by Judge Brooke C. Wells [Text] Court
[648] 13-Mar-2006 Stipulation and Joint Motion to Seal Confidential Documents (Exhibits 1 and 2 of Attachment A [631] to the subpoena attached as Exhibit A to the Notice of Subpoena Duces Tecum re: Houlihan Valuation Advisors filed by IBM) [Referenced by [649].] IBM
[649] 13-Mar-2006 Order granting [641] Motion to Seal, Granting [648] Motion to Seal Document [631] Notice of Subpoena Duces Tecum re: Houlihan Advisors [Article] Court
[650] 15-Mar-2006 Certificate of Service, subpoena served on Scott Lemon on March 8, 2006 IBM
[651] 17-Mar-2006 Stipulation re Discovery and proposed order, new deadlines: Initial Expert Reports - May 12, 2006 (it was April 14); Opposing Expert Reports - June 9, 2006 (it was May 19); Rebuttal Expert Reports - July 7, 2006 (it was June 16); Dispositive Motions - August 4, 2006 (it was July 28). [Referenced by [652].] [Text] IBM
[652] 20-Mar-2006 Order granting [651] Stipulated Motion for Extension of Time of Discovery Deadlines and Dispositive Motions Deadline, signed March 20, 2006 by Judge Brooke C. Wells [Article]
[Text]
Court
[653] 21-Mar-2006 Stipulated Motion to Amend/Correct re: Briefing [Text] IBM
[654] 22-Mar-2006 Order on Motion to Amend/Correct [Article] Court
[655] 22-Mar-2006 Notice of Hearing on Motion [Article] Court
[656] 22-Mar-2006 Order Re Briefing [Article] Court
[657] 04-Apr-2006 Reply Memorandum in Further Support of Motion to Limit Relating to Allegedly Misused Material; Addendum A, a timeline showing all IBM's requests for specificity, the court's orders, and SCO's "repeated failures to identify" the allegedly misused code; Addendum B, chart showing what IBM calls SCO's failure "to identify lines of System V, AIX or Dynix, and Linux material with respect to any of the 198 items"; Addendum C, cases; [Referenced by [658].] [Text] IBM
[658] 04-Apr-2006 Declaration of Randall Davis re [657]; Addendum A, Randall Davis' credentials as an expert; Addendum B, chart [Text]. [Article] IBM
[659] 05-Apr-2006 Notice of Removing Counsel from Service List (Intel) Intel
[660] 04-Apr-2006 IBM's Declaration of Todd M. Shaughnessy (Sealed) IBM
[661] 10-Apr-2006 SCO's Motion for Leave to File Declaration of Marc Rochkind.
[Referenced by [664] [665] [667].]
[Article 1]
[Article 2]
SCO
[662] 12-Apr-2006 Amended Notice of Hearing on [619] IBM's Motion to Limit SCO's Claims Relating to Allegedly Misused Material. Hearing previously set for 14-Apr-2006 at 3:00 PM has been reset for 14-Apr-2006 at 11:00 AM in Room 220 before Magistrate Judge Brooke C. Wells
[Reports from hearing] and [Hearing Transcript]
[Article] Court
[663] 12-Apr-2006 Stipulated Motion to Amend/Correct [38] Protective Order and Proposed Order [Article] IBM
[664] 12-Apr-2006 Memorandum in Opposition to Motion [661] for Leave to File Declaration of Marc Rochkind. [Article] IBM
[665] 13-Apr-2006 SCO's Reply Memorandum in Further Support of [661] SCO's Motion for Leave to File Declaration of Marc Rochkind [Text] SCO
[666] 14-Apr-2006 Addendum to Protective Order [Article] Court
[667] 19-Apr-2006 Order on Motion for Leave to File. Docket Text: Minute Entry for proceedings held before Judge Brooke C. Wells : Motion hearing held on 14-Apr-2006. Counsel for both parties present. The Court Grants [661] Motion for Leave to File Declaration of Marc Rochkind filed by SCO Group. IBM is given 10 business days from the date of the hearing to respond to the Declaration of Marc Rochkind. The Court hears arguments re: [619] motion to limit SCO Group's claims. The matter is taken under advisement. Court is adjourned. Attorney for Plaintiff: Stuart Singer, Attorney for Defendant David Marriott.(Court Reporter Rebecca Janke.) (alp, ) Modified on 20-Apr-2006 (tsh, ). [Groklaw Court Report.] Court
[668] 20-Apr-2006 [Sealed] Declaration of Marc Rochkind [Referenced by [669] [673].] IBM
[669] 20-Apr-2006 Redacted Declaration [668] of Marc Rochkind, with Exhibt A and Exhibit B [Article] [Article]
[Text ]
SCO
[670] 20-Apr-2006 Modification of Docket Court
[671] 20-Apr-2006 Order, Judge Brooke Wells, written order from February 24, 2006 hearing's [See [633].] order from the bench on SCO's motion for leave to take 30(b)6 depositions of Intel, the Open Group, and Oracle, denied, and SCO's Motion to Compel, denied without prejudice to refile within 30 days [Text ] Court
[672] 20-Apr-2006 Rebuttal Declaration of Randall Davis, Redacted; Exhibit A (excerpts from Court Orders); Exhibit B (Plaintiff's 1st Request for Production of Documents and 1st Set of Interrogatories); Exhibit C (filed under seal); Exhibit D (excerpts from Advanced Unix Programming, 2d Edition, by Marc J. Rochkind); Exhibit E (filed under seal); Exhibit F (filed under seal) [Text] IBM
[673] 01-May-2006 [Sealed] Rebuttal Declaration of Randall Davis re [668] Sealed Document: Declaration of Marc Rochkind. IBM
[674] 01-May-2006 Stipulated Motion to Amend/Correct Regarding Requests for Admission. (Attachments: # (1))(Shaughnessy, Todd) Proposed Order [Referenced by [675].] IBM
[675] 02-May-2006 Order granting [674] Motion to Amend/Correct Requests for Admissions. As per the parties' stipulation, the parties shall have an extension of time, to and including June 2, 2006, within which to respond to all outstanding Requests for Admission. Signed by Judge Brooke C. Wells on 02-May-2006. (mjw, ) Court
[676] 04-May-2006 SCO's Motion to Strike Portions of the Rebuttal Declaration of RANDALL DAVIS or for Leave to Respond to the Rebuttal Declaration [Referenced by [680].] [Text] SCO
[677] 04-May-2006 Memorandum in Support of Motion to Strike Portions of the Rebuttal Declaration of Randall Davis or for Leave to Respond to the Rebuttal Declaration SCO
[678] 06-May-2006 SCO's Motion for In Camera Review of Allegedly Privileged Documents
[Referenced by [679] [684] [685] [693] [712] [713] [716] [759] [760].]
[Article] SCO
[679] 06-May-2006 SCO's Memorandum in Support of [678] Motion for In Camera Review of Allegedly Privileged Documents.
Exhibits: Exhibit A, Exhibit B, Exhibit C, Exhibit D, Exhibit E, Exhibit F, Exhibit G, Exhibit H, Exhibit I, Exhibit J, Exhibit K, Exhibit L, Exhibit M, Exhibit N
[Article]
[Text]
SCO
[680] 10-May-2006 Order denying SCO's Motion to Strike [676] [Text] Court
[681] 12-May-2006 Stipulation Regarding Certain Scheduling Deadlines [Referenced by [682].] [Text] SCO
[682] 15-May-2006 Order Granting Stipulated Motion for Extension of Time for Certain Scheduling Deadlines. [681] [Text] Court
[683] 22-May-2006 Certificate of Service of Expert Reports [Text] IBM
[684] 23-May-2006 Stipulated Motion for Extension of Time to File Response/Reply as to SCO's Motion For in Camera Review of Allegedly Privileged Documents [678] [Referenced by [685].] IBM
[685] 24-May-2006 Order granting Motion [684] for Extension of Time to File Response/Reply as to SCO's Motion [678] For in Camera Review of Allegedly Privileged Documents, by Judge Brooke C. Wells Court
[686] 24-May-2006 Certificate of Service re filing of Expert Reports [Text] SCO
[687] 30-May-2006 Stipulated Motion for Extension of Time to file its Memorandum in Opposition to SCO?s Motion for In Camera Review of Allegedly Privileged Documents [Referenced by [688].] IBM
[688] 31-May-2006 Order Granting Motion for Extension of Time [687], Judge Brooke Wells [Article] IBM
[689] 31-May-2006 Motion to Withdraw J. Matthew Donohue as Attorney [Referenced by [692].] [Article] SCO
[690] 31-May-2006 Stipulation and Joint Motion of the Parties Regarding Requests for Admission (Proposed Order) [Referenced by [691].] [Text] IBM
[691] 02-Jun-2006 Order granting [690] Motion for Extension of Time to Complete Discovery. Signed by Judge Brooke C. Wells. It is hereby ordered that the parties shall have an extension of time, to and including 04-Aug-2006, within which to respond to all outstanding Requests for Admission. [Text] Court
[692] 02-Jun-2006 Order Granting [689] Motion to Withdraw J. Matthew Donohue as Counsel Court
[693] 06-Jun-2006 Memorandum in Opposition re [678] Plaintiff's Motion For in camera review of allegedly privileged documents. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Shaughnessy, Todd) [Text] IBM
[694] 08-Jun-2006 Stipulation re Amendment to Scheduling Order [Article] IBM
[695] 08-Jun-2006 IBM's Motion to Confine SCO's Claims to, and Strike Allegations in Excess of, the Final Disclosures
[Referenced by [697] [699] [705] [707] [717] [843] [854] [888] [899] [906] [916] [917] [921] [1056].]
[Text] IBM
[696] 08-Jun-2006 IBM's Memorandum in Support of Motion to Confine SCO's Claims to, and Strike Allegations in Excess of, the Final Disclosures [Text] IBM
[697] 08-Jun-2006 Request for Expedited Briefing and Hearing re [695]
[Referenced by [699] [701] [703].]
[Text] IBM
[698] 09-Jun-2006 Motion to Withdraw as Attorney [Referenced by [702].] [Article] SCO
[699] 12-Jun-2006 Response to Motion [697] Request for Expedited Briefing & Hearing re [695] Motion to Strike Allegations in Excess of the Final Disclosures. Modified on 14-Jun-2006 by linking to correct motion/request for briefing/hearing(blk, ). [Text] SCO
[700] 13-Jun-2006 Request, for Expedited Briefing and Hearing [Article] IBM
[701] 13-Jun-2006 Order granting [697] Request for Expedited Briefing and Hearing regarding IBM's Motion to Strike the SCO Group's Allegations in Excess of the Final Disclosures filed by International Business Machines Corporation. SCO's opposition to motion due: 19-Jun-2006 by 5:00 p.m. IBM's reply due: 26-Jun-2006 by 5:00 p.m. A hearing will be held after briefing is complete. Signed by Judge Brooke C. Wells on 13-Jun-2006. (blk, ) [Text] Court
[702] 12-Jun-2006 Order granting [698] Motion to Withdraw as Attorney. Attorney Mark R. Clements withdrawn from case for The SCO Group. . Signed by Judge Brooke C. Wells on 12-Jun-2006. (blk, ) [Referenced by [703].] [Article] Court
[703] 14-Jun-2006 Amended Order granting [697] Request for Expedited Briefing and Hearing on IBM's Motion to Strike SCO's Allegations in Excess of the Final Disclosures filed by International Business Machines Corporation, Amends previous [702] Order on Motion to Withdraw as Attorney. Briefing is set as follows: SCO to file any opposition to IBM's Motion to Strike by 19-Jun-2006 at 5:00 p.m. IBM is to file any reply by 26-Jun-2006 at 5:00 p.m. A hearing will be held on the motion after issue is fully briefed. Signed by Judge Brooke Wells. Court
[704] 14-Jun-2006 Order of Amendment to Scheduling Order Discovery due by 22-Sep-2006 expert. Motions due by 25-Sep-2006. (For other dates see order). Signed by Judge Brooke C. Wells on 13-Jun-2006. (blk, ) Court
[705] 19-Jun-2006 Notice of Conventional Filing of Memorandum in Opposition to Motion to Confine SCO's Claims to, and Strike Allegations in Excess of, the Final Disclosures filed by Plaintiff SCO Group re [695] Motion to Strike Allegations in Excess of the Final Disclosures (James, Mark) [Article] SCO
[706] 19-Jun-2006 Plaintiff's Motion for Leave to File Excess Pages. (Attachments: # (1) Text of Proposed Order) [Referenced by [711].] SCO
[707] 19-Jun-2006 Memorandum in Opposition re [695] Motion to Confine Claims to and to Strike Allegations in Excess of the Final Disclosures.
[Referenced by [708] [710] [714].]
[Text] SCO
[708] 19-Jun-2006 Exhibits 12, 13, 14, 18, & 19 re [707] Memorandum in Opposition to Motion. (blk, ) Additional attachment(s) added on 20-Jun-2006 (blk, ). [Referenced by [709].] [Article] SCO
[709] 20-Jun-2006 Modification of Docket: Error: Did not attach all of the exhibits. Correction: Attached the exhibits left off. re [708] Exhibits to Memo in Opposition. (blk, ) Court/SCO
[710] 19-Jun-2006 [Sealed] Exhibits re [707] Memorandum in Opposition to Motion. (Oversized and not scanned. Documents to remain in the clerks office sealed room for access by authorized persons only.) SCO
[711] 20-Jun-2006 Order granting [706] Motion for Leave to File Excess Pages . Signed by Judge Dale A. Kimball on 20-Jun-2006. (kmj, ) Court
[712] 20-Jun-2006 Reply to Response to Motion re [678] Plaintiff's Motion For in camera review of allegedly privileged documents. (Attachments: Exhibit A [sealed]; Exhibit B; and Exhibit C [Referenced by [716].] [Article 1]
[Article 2]
SCO
[713] 20-Jun-2006 Order granting in part and denying in part [678] Motion In Camera Review of Allegedly Privileged Documents . Signed by Judge Brooke C. Wells on 20-Jun-2006. (blk, ) [Text] Court
[714] 20-Jun-2006 [Sealed] Exhibit 11, re [707] Memorandum in Opposition to Motion. (Clerks Note: Document oversized and not scanned. It will be retained in the clerks office sealed room for access to authorized persons only). [Referenced by [715].] SCO
[715] 20-Jun-2006 Certificate of Service by SCO Group re [714] Sealed Document. SCO
[716] 20-Jun-2006 Order re SCO's Motion for in Camera Review re [678] Plaintiff's Motion For in camera review of allegedly privileged documents filed by SCO Group, [712] Reply Memorandum/Reply to Response to Motion filed by SCO Group. It is Ordered: IBM is to provide SCO a copy of the declarations from Sharon Dobbs and Mark Walker by 30-Jun-2006. These declarations are to be filed with the court under seal by 30-Jun-2006. SCO may file a reply memo in support of its motion, if it chooses, by 07-Jul-2006. Signed by Judge Brooke C. Wells on 22-Jun-2006. (blk, ) [Text] Court
[717] 26-Jun-2006 Reply to Response to Motion re [695] Motion to Strike Allegations in Excess of the Final Disclosures. (Attachments: Exhibit A - Memorandum Attaching and In Support of IBM's Proposed Scheduling Order; Exhibit B - Reply Memorandum in Further Support of IBM's Proposed Scheduling Order; Exhibit C- Transcript of the April 21, 2005 Hearing before Judge Dale Kimball [Text] IBM
[718] 28-Jun-2006 Order granting in part [619] Motion to Limit SCO's Claims . Signed by Judge Brooke C. Wells on 28-Jun-2006. [Article]
[Referenced by [719] [726] [771] [844] [884].]
[Article]
[Text]
Court
[719] 05-Jul-2006 Modification of Docket: Error: Original order contained a clerical error. Correction: replaced with corrected copy. re [718] Order on Motion to Limit SCO's Claims. (rak, ) [Article] Court
[720] 7-July-2006 SCO's Supplemental Reply Memorandum in Futher Support of SCO's Motion for In Camera Review of Allegedly Privileged Documents [Text] SCO
[721] 14-Jul-2006 Notice of Conventional Filing of SCO's Objections to Order Granting in Part IBM's Motion to Limit SCO's Claims [Referenced by [762].] [Article] SCO
[722] 14-Jul-2006 Notice of Conventional Filing Declaration of Mark F. James [Overlong and sealed] [Article] SCO
[723] 18-Jul-2006 Ex Parte Motion for Leave to File Overlength Objections to Order Granting in Part IBM's Motion to Limit SCO's Claims - Proposed Order [Referenced by [728].] [Article] SCO
[724] 18-Jul-2006 SCO's Redacted [726] Objections to Order Granting in Part IBM's Motion to limit SCO's Claims - Appendix A [Text] [Article]
[Referenced by [736] [742] [765].]
[Text] SCO
[725] 18-Jul-2006 Declaration of Mark James (with 74 Exhibits, which you can find listed here) [Article] SCO
[726] 13-Jul-2006 [Sealed] Objections to Order Granting in Part IBM's Motion to Limit SCO's Claims re [718] Order on Motion for Miscellaneous Relief [Note: A redacted version is available as [724]]
[Referenced by [742] [765] [771] [844].]
SCO
[727] 13-Jul-2006 [Sealed] Declaration of Mark F. James SCO
[728] 17-Jul-2006 Order Granting [723] Ex Parte Motion for Leave to File Overlength Objections to Order Granting in Part IBM's Motion to Limit SCO's Claims Court
[729] 18-Jul-2006 Certificate of Service of [Opposing] Expert Reports [Article]
[Text]
IBM
[730] 18-Jul-2006 Certificate of Service [of Opposing Expert Reports] [Article] SCO
[731] 31-Jul-2006 Stipulation Re Various Deadlines [Referenced by [732].] [Article] SCO/IBM
[732] 01-Aug-2006 Order Granting [731] Stipulation Re Various Deadlines [Article] Court
[733] 14-Aug-2006 Plaintiff's Motion to Withdraw as Attorney Dan Filor [Referenced by [739].] [Article] SCO
[734] 14-Aug-2006 Notice of Conventional Filing of IBM's Memorandum in Opposition to SCO's Objections to Magistrate Judge Wells' Order of June 28, 2006 and the Declaration of Todd M. Shaughnessy [Article] IBM
[735] 14-Aug-2006 Motion for Leave to File Excess Pages [Referenced by [738].] [Article] IBM
[736] 14-Aug-2006 [Sealed] Memorandum re [724] in Opposition to SCO's Objections to Magistrate Judge Wells' Order of June 28, 2006 [Note: A redacted version is available as [748]] [Referenced by [737] [755].] IBM
[737] 14-Aug-2006 [Sealed] Declaration of Todd M. Shaughnessy, Esq. re [736] Memorandum in Opposition to SCO's Objections to Magistrate Judge Wells Order of June 28, 2006. Note: This is an Overlength Document and has not been Scanned. It has been placed on the Shelf in the Sealed Room. IBM
[738] 16-Aug-2006 Order Granting Motion [735] for Leave to File Excess Pages Court
[739] 16-Aug-2006 Order Granting Motion [733] to Withdraw Daniel P. Filor as Counsel Court
[740] 16-Aug-2006 IBM's Legal Authority Re Otis Wilson Deposition. [Article] [Referenced by [747].] [Article]
[Text]
IBM
[741] 18-Aug-2006 Stipulation and Joint Motion of the Parties Regarding Requests for admission
[741-2] Proposed Order Re Requests for Admission [Referenced by [743] [751].]
[Article] SCO/IBM
[742] 18-Aug-2006 Notice of Conventional Filing of IBM's Redacted Memorandun in Opposition to SCO's Objections to 28-Jul-2006 Order and Declaration of T. Shaughnessy With Unsealed Exhibits re [726] Sealed Document, [724] Redacted Document [Text] IBM
[743] 21-Aug-2006 Order on Motion for Extension of Time. Order granting [741] Motion for Extension of Time, to and including 13-Oct-2006, within which to respond to all outstanding Requests for Admissions. Signed by Judge Brooke C. Wells on 21-Aug-2006.(kla, ) Modified on 21-Aug-2006 to correct the name of the signing judge from Judge Kimball to Judge Wells. [Referenced by [751].] Court
[744] 18-Aug-2006 Declaration of Todd Shaughnessy with Unsealed Exhibits (corrected as [746]) [Referenced by [745].] [Article] IBM
[745] 18-Aug-2006 Notice of Errata re [744] [Article] IBM
[746] 18-Aug-2006 Declaration of Todd Shaughnessy with Unsealed Exhibits (same as [744])
Exhibit 4 through 8, Exhibit 9 through 13, Exhibit 14 through 19, Exhibit 20 through 25
[Text] IBM
[747] 21-Aug-2006 Order and Memorandum Decision Re Otis Wilson Deposition related to [604], [752] and [740] [Text] Court
[748] 18-Aug-2006 IBM's Redacted Memorandum [736] in Opposition to SCO's Objections to Magistrate Judge Wells' Order of June 28, 2006
with [748-2] Addendum A, B, and C
[Text] IBM
[749] 21-Aug-2006 Motion for Pro Hac Vice Admission of John Brogan [Referenced by [753].] [Article] SCO
[750] 21-Aug-2006 Motion for Pro Hac Vice Admission of Devan V. Padmanabhan [Referenced by [754].] [Article] SCO
[751] 21-Aug-2006 Order Granting [741] Stipulation Re: Admissions. Modification of Docket error re [743] [Article] Court
[752] 14-Aug-2006 Telephone Conference, Filed 14-Aug-2006, enterred 22-Aug-2006. Docket Text: Minute Entry for proceedings held before Judge Brooke C. Wells: Telephone Conference held on 14-Aug-2006. Counsel appeared via telephone. Argument was heard re: deposition of Mr. Wilson. The Court requested both parties submit three legal cases supporting their respective arguments no later than 16-Aug-2006. The matter is taken under advisement and an order will issue. Attorney for Plaintiff: Edward Normand, Attorney for Defendant Todd Shaughnessy. [Referenced by [747].] Court
[753] 22-Aug-2006 Order granting [749] Motion for Admission Pro Hac Vice of John J. Brogan Court
[754] 22-Aug-2006 Order granting [750] Motion for Admission Pro Hac Vice of Devan V. Padmanabhan Court
[755] 23-Aug-2006 Stipulated Motion for Extension of Time to File Response/Reply as to [736] [Referenced by [756].] SCO
[756] 24-Aug-2006 Order granting [755] Motion for Extension of Time to File Response/Reply to Memo in Opposition to Objections re: Magistrates Order of 28-Jun-2006. Replies due by 5-Sep-2006 Court
[757] 31-Aug-2006 Certificate of Service of [Rebuttal] Expert Reports [Text] IBM
[758] 31-Aug-2006 Certificate of Service [of Rebuttal Expert Reports] [Text] SCO
[759] 01-Sep-2006 Order and Memorandum Decision re Alleged Privileged Documents Denying [678] Motion for In Camera Review. [Referenced by [760].] [Article] Court
[760] 05-Sep-2006 Order and Memorandum Decision re Alleged Privileged Documents Denying [678], Supersedes [759] [Text] Court
[761] 05-Sep-2006 Mail Returned. Docket Text: Mail Returned as Undeliverable. Mail sent to Frederick S. Frei (djs, ) [Article] Court
[762] 05-Sep-2006 Notice of Conventional Filing of Reply Memorandum, re [721] Notice of Conventional Filing (Hatch, Brent) [Referenced by [764].] [Article] SCO
[763] 06-Sep-2006 Ex Parte (Not Sealed) Motion for Leave to File Excess Pages, proposed order [Referenced by [768].] [Article] SCO
[764] 06-Sep-2006 Notice of Conventional Filing of Reply Memorandum and Declaration of BOH with Exhibits, Corrected Caption of Docket [762] [Article] SCO
[765] 06-Sep-2006 [Sealed] Reply Memorandum in Support of [726] [724] Objections to Order granting in part IBM's motion to limit SCO's claims with Appendix A [Text] [Referenced by [766].] [Article] SCO
[766] 06-Sep-2006 [Sealed] Declaration of Brent O. Hatch re [765] [Article] SCO
[767] 07-Sep-2006 Mail Returned. Docket Text: Mail Returned as Undeliverable. Mail sent to Frederick S. Frei (djs, ) [Article] Court
[768] 07-Sep-2006 Order granting [763] Motion for Leave to File Excess Pages Court
[769] 14-Sep-2006 Motion to Withdraw Scott GANT as Councel [Referenced by [770].] [Article] SCO
[770] 15-Sep-2006 Order Granting [769] Motion to Withdraw Scott GANT as Councel [Article] Court
[771] 18-Sep-2006 Notice of Miscellaneous Hearing re: SCO's [726] objections to Magistrate Judge [718] order set for 24-Oct-2006 [Article] Court
[772] 25-Sep-2006 Notice of Conventional Filing of Exhibits to SCO's Memorandum in Support of SCO's Motion [775] for Partial Summary Judgment on SCO's Third Cause of Action for Breach of Contract [Text] SCO
[773] 25-Sep-2006 Motion for Leave to File Additional Declarations in Support of Motions for Summary Judgment with Proposed Order [Referenced by [800].] [Text] IBM
[774] 25-Sep-2006 Supplemental Declaration of Todd Shaughnessy
Exhibit 598 Declaration of Ralf Flaxa [Text], Exhibit 599 Supplemental Declaration of Roger C. Swanson,
[Article] IBM
[775]
[Pending]
25-Sep-2006 Motion for Partial Summary Judgment on SCO's Third Cause of Action, For Breach of Contract
[Referenced by [772] [793] [798] [811] [812] [821] [856] [863] [883] [885] [886] [887] [925] [927] [943] [970] [972] [1136].]
[Article] SCO
[776]
[Pending]
25-Sep-2006 Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims
[Referenced by [792] [810] [813] [814] [815] [816] [817] [820] [856] [865] [882] [885] [886] [887] [926] [929] [944] [970] [975] [1136] [1137] [1142] [1145] [1150].]
[Article] SCO
[777]
[Pending]
25-Sep-2006 Motion for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims
[Referenced by [794] [799] [809] [856] [866] [881] [885] [886] [887] [928] [930] [970] [975] [1138] [1142] [1150].]
[Article] SCO
[778] 25-Sep-2006 Motion for Relief for IBM's Spoliation of Evidence
[Referenced by [808] [819] [856] [864] [879] [889] [891] [896] [973].]
[Article]
[Article]
SCO
[779] 25-Sep-2006 Notice of Conventional Filing of IBM's Memorandum in Support of Motions for Summary Judgment and Declaration of Todd M. Shaughnessy [Article] IBM
[780]
[Pending]
25-Sep-2006 Motion for Summary Judgment on SCO's Contract Claims (SCO's First, Second, Third and Fourth Causes of Action) with proposed order
[Referenced by [802] [804] [832] [872] [873] [874] [875] [885] [886] [887] [924] [938] [939] [960] [970] [972] [981].]
[Article] IBM
[781]
[Pending]
25-Sep-2006 Motion For Summary Judgment on SCO's Copyright Claim (SCO's Fifth Cause of Action) with proposed order
[Referenced by [804] [807] [829] [869] [885] [886] [887] [924] [942] [970] [972].]
[Article] IBM
[782]
[Pending]
25-Sep-2006 Motion for Summary Judgment on SCO's Unfair Competition Claim (SCO's Sixth Cause of Action) with proposed order
[Referenced by [804] [806] [818] [824] [830] [861] [885] [886] [887] [924] [947] [970] [974] [1092] [1136] [1140] [1142] [1144] [1149] [1150] [1156] [1157] [1158] [1159].]
[Article] IBM
[783]
[Pending]
25-Sep-2006 Motion for Summary Judgment on SCO's Interference Claims (SCO's Seventh, Eighth, and Ninth Causes of Action)
[Referenced by [803] [804] [828] [836] [868] [885] [886] [887] [924] [946] [970] [974] [1136] [1140] [1142] [1144] [1150] [1160].]
[Article] IBM
[784]
[Pending]
25-Sep-2006 Motion for Summary Judgment on IBM Claim for Copyright Infringement (IBM's Eighth Counterclaim) with proposed order
[Referenced by [801] [804] [826] [862] [885] [886] [887] [924] [945] [970] [975] [1142] [1143] [1148] [1150].]
[Article] IBM
[785]
[Pending]
25-Sep-2006 Motion for Summary Judgment on IBM Claim for Declaratory Judgment of Non-Infringement (IBM's Tenth Counterclaim) with proposed order
[Referenced by [804] [805] [870] [871] [885] [886] [887] [924] [940] [970] [975] [1142].]
[Article]
[Article]
IBM
[786] 25-Sep-2006 Ex Parte Motion for Leave to File Overlength Memorandum in Support of IBM's Motion for Summary Judgment on SCO's Contract Claims, with proposed order [Referenced by [800].] [Article] IBM
[787] 25-Sep-2006 Ex Parte Motion for Leave to File Overlength Memorandum in Support of IBM's Motion for Summary Judgment on SCO's Unfair Competition Claim with proposed order [Referenced by [800].] [Article] IBM
[788] 25-Sep-2006 Ex Parte Motion for Leave to File Overlength Memorandum in Support of IBM's Motion for Summary Judgment on SCO's Interference Claims with proposed order [Referenced by [800].] [Article] IBM
[789] 25-Sep-2006 Ex Parte Motion for Leave to File Overlength Memorandum in Support of IBM's Motion for Summary Judgment on its Claim for Declaratory Judgment of Non-Infringement (IBM's Tenth Counterclaim) with proposed order [Referenced by [800].] [Article] IBM
[790] 25-Sep-2006 Notice of Conventional Filing of SCO's Memorandum in Support of SCO's Motion for Relief for IBM's Spoliation of Evidence and Exhibits Thereto [Article] SCO
[791] 25-Sep-2006 Notice of Conventional FIling of Exhibits to SCO's Memorandum in Support of SCO's Motion for Partial Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims [Article] SCO
[792] 25-Sep-2006 Notice of Conventional Filing of SCO's Memorandum in Support of SCO's Motion [776] for Partial Summary on IBM's Second, Third, Fourth and Fifth Counterclaims and Exhibits Thereto [Article] SCO
[793] 25-Sep-2006 Notice of Conventional Filing of SCO's Memorandum in Support of SCO's Motion [775] for Partial Summary on SCO's Third Cause of Action for Breach of Contract [Article] SCO
[794] 25-Sep-2006 Memorandum in Support of SCO's Motion [777] for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims
[Referenced by [795] [799] [809].]
[Article]
[Text]
SCO
[795] 25-Sep-2006 Exhibits re [794] Memorandum in Support of Motion. Exhibit 1 - Westlaw unpublished cases. Exhibit A GNU General Public Licenses, versions 2 and 2.1. Exhibit B Declaration of Erik W. Hughes. Exhibit E Declaration of Christopher Sontag. [Article] SCO
[796] 25-Sep-2006 Declaration of Brent O. Hatch Regarding the Exhibits to SCO's Memorandum for Relief for IBM's Spoliation of Evidence [Article] SCO
[797] 25-Sep-2006 Declaration of Brent O. Hatch Regarding the Exhibits to SCO's Memorandum in Support of Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims [Article] SCO
[798] 25-Sep-2006 Declaration of Brent O. Hatch Regarding the Exhibits to SCO's Memorandum in Support of Motion [775] for Summary Judgment on SCO's Third Cause of Action for Breach of Contracts [Article] SCO
[799] 25-Sep-2006 Declaration of Brent O. Hatch Regarding [794] the Exhibits to SCO's Memorandum in Support of Motion [777] for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims [Article] SCO
[800] 26-Sep-2006 Order Granting [773] Motion for Leave to File Additional Declarations, Granting [786], [787], [788], [789] Motions for Leave to File Excess Pages. Court
[801] 25-Sep-2006 [Sealed] Memorandum in Support re [784] Motion for Summary Judgment on IBM's Eighth Counterclaim [Note: A redacted version is available as [826].] IBM
[802] 25-Sep-2006 [Sealed] Memorandum in Support re [780] Motion for Summary Judgment on SCO's Contract Claims [Note: A redacted version is available as [832].] IBM
[803] 25-Sep-2006 [Sealed] Memorandum in Support re [783] Motion for Summary Judgment on SCO's Interference Claims [Note: A redacted version is available as [828], amended as [836].] IBM
[804] 25-Sep-2006 [Sealed] Declaration of Todd Shaughnessy re [785] Motion for Summary Judgment on IBM's Tenth Counterclaim, [784] Motion for Summary Judgment on IBM's Eighth Counterclaim, [782] Motion for Summary Judgment on SCO's Unfair Competition Claim, [783] Motion for Summary Judgment on SCO's Interference Claims, [780] Motion for Summary Judgment on SCO's Contract Claims, [781] Motion for Summary Judgment on SCO's Copyright Claim [Note: A redacted version is available as [835].] IBM
[805] 25-Sep-2006 [Sealed] Memorandum in Support re [785] Motion for Summary Judgment on IBM's Tenth Counterclaim [Note: A redacted version is available as [838].] IBM
[806] 25-Sep-2006 [Sealed] Memorandum in Support re [782] Motion for Summary Judgment on SCO's Unfair Competition Claim [This appears to be a duplicate of [824] A redacted version is available as [830].] IBM
[807] 25-Sep-2006 [Sealed] Memorandum in Support re [781] Motion for Summary Judgment on SCO's Copyright Claim [Note: A redacted version is available as [829].] IBM
[808] 25-Sep-2006 [Sealed] Memorandum in Support of Motion [778] for Relief for IBM's Spoliation of Evidence [Note: A redacted version is available as [819]. Docket says this is an IBM filing. However this seems to be a mistake.]. IBM
SCO
[809] 25-Sep-2006 [Sealed] Exhibit A re [794] Memorandum in Support of Motion, [777] Motion for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims. [Note: Docket says this is an IBM filing. However this seems to be a mistake.]. IBM
SCO
[810] 25-Sep-2006 [Sealed] Memorandum in Support re [776] Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims filed. [Note: Redacted as [820]. Docket says this is an IBM filing. However this seems to be a mistake.].
[Referenced by [812] [813] [814] [815] [816] [817].]
IBM
SCO
[811] 25-Sep-2006 [Sealed] Memorandum in Support re [775] Motion for Summary Judgment on SCO's Third Cause of Action, For Breach of Contract. [Note: Redacted as [821]. Docket says this is an IBM filing. However this seems to be a mistake.]. IBM
SCO
[812] 25-Sep-2006 [Sealed] Exhibits to [810] Sealed Memo in support re [775] Motion for Summary Judgment on SCO's Third Cause of Action, For Breach of Contract, [810] Sealed Document. [Note: Docket says this is an IBM filing. However this seems to be a mistake.]. IBM
SCO
[813] 25-Sep-2006 [Sealed] Exhibits (pt. 1 of 5) to [810] Sealed Memo in Support re [776] Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims, [810] Sealed Document IBM
SCO
[814] 25-Sep-2006 [Sealed] Exhibits (pt 2 of 5) to [810] Memo in Support re [776] Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims, [810] Sealed Document. [Note: Docket says this is an IBM filing. However this seems to be a mistake.]. IBM
SCO
[815] 25-Sep-2006 [Sealed] Exhibits (pt 3 of 5) to [810]Memo in Support re [776] Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims, [810] Sealed Document. [Note: Docket says this is an IBM filing. However this seems to be a mistake.]. IBM
SCO
[816] 25-Sep-2006 [Sealed] Exhibits (pt. 4 of 5) to [810] Sealed Memo in Support re [776] Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims, [810] Sealed Document. [Note: Docket says this is an IBM filing. However this seems to be a mistake.]. IBM
SCO
[817] 25-Sep-2006 [Sealed] Exhibits (pt. 5 of 5) to [810] Sealed Memo in Support re [776] Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims, [810] Sealed Document. [Note: Docket says this is an IBM filing. However this seems to be a mistake.]. IBM
SCO
[818] 27-Sep-2006 Notice of Conventional Filing of IBM's Memorandum in Support of Summary Judgment on SCO's Unfair Competition Claim re [782] Motion for Summary Judgment on SCO's Unfair Competition Claim [Article] IBM
[819] 27-Sep-2006 Memorandum in Support of Motion [778] for Relief for IBM's Spoliation of Evidence (Redacted version of sealed [808])
Exhibit A, Caldera Systems complaint (original, as filed in state court on March 6, 2003, but missing the signature page and certificate of service),
Exhibit F - portion of deposition of Jay Vosburgh, November 17, 2005,
Exhibit J - Article from Consulting Times, "Inside IBM - Dan Frye and the Linux Technology Center", October 18, 2004,
Exhibit 1 - Westlaw cases, Exhibit 2 - Westlaw cases, Exhibit 3 - Westlaw cases
[Text] SCO
[820] 27-Sep-2006 Redacted Memorandum [810] in Support of SCO's Motion [776] for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims
Exhibit C - Declaration of Dr. Evan Ivie (referencing his expert reports)
Exhibit F - Declaration of Marc J. Rochkind (same)
Exhibit J - Declaration of Dr. Thomas A. Cargill (same)
Exhibit K - Article in Linux Planet, "$1 Billion Well Spent?" from April 24, 2003, interviewing Jim Stallings
Exhibit L - Q & A with Jim Stallings, in Open Source News, June 28, 2004
Exhibit M - "Open Source leader: SCO suits a boon to Linux," on ZDNET, March 11, 2005
Exhibit N - "How SCO's Threats Rallied Linux," BusinessWeek, February 7, 2005
Exhibit Q - Declaration of Jim Wilt, Nov. 23, 2004
Exhibit R - Declaration of Steven Sabbath, Nov. 19, 2004
[Article] SCO
[821] 27-Sep-2006 Redacted Memorandum [811] in Support of its Motion [775] for Partial Summary Judgment on SCO's Third Cause of Action, for Breach of Contract
Exhibit 1 - Westlaw case, McDonnell v. Cardiothoracic & Vascular Surgical Associates, Inc.
Exhibit 2 - Westlaw case, Thompson v. United Transportation Union
Exhibit 3 - Westlaw case, The Millgard Corporation v. Liberty Mutual Insurance Company
Exhibit 4 - Westlaw case, McClane v. Rechberger
Exhibit A - AT&T-Sequent Licensing Agreement, signed by Otis Wilson for AT&T, April 18, 1985 and David P. Rodgers for Sequent on April 12, 1985
Exhibit B - AT&T-Sequent Sublicensing Agreement, signed by Otis Wilson for AT&T Technologies, Inc. on Jan. 28, 1986 and David P. Rodgers on January 20, 1986 for Sequent
Exhibit C - Segment of Deposition of David Frasure, June 8, 2004
Exhibit D - Segment of Deposition of David Frasure, in USL v BSDi, Dec. 8, 1992
Exhibit E - Segment of Deposition of Geoffrey Green, Nov. 15, 2004
Exhibit F - Segment of Deposition of Burton Levine, Jan. 19, 2005
Exhibit G - Segment of Deposition of Otis Wilson, Aug. 25, 2006
Exhibit H - Segment of Deposition of David P. Rodgers, June 10, 2004
Exhibit J - Segment of Deposition of Thomas L. Cronan III, Dec. 14, 2004
Exhibit K - Segment of Deposition of Jeffrey W. Mobley, Jan. 24, 2006
Exhibit M - Declaration of Ira Kistenberg, Nov. 12. 2004
Exhibit N - Segment of Deposition of Michael DiFazio, Jan. 13, 2005
Exhibit O - Declaration of Mitzi Bond, Nov. 4, 2004
Exhibit Q - Declaration of Evelyn Davis, Nov. 4, 2004
[Article] SCO
[822] 27-Sep-2006 Reply Memorandum in Support of SCO's Objections to Order Granting in Part IBM's Motion to Limit SCO's Claims [Article] SCO
[823] 27-Sep-2006 Motion for Admission Pro Hac Vice of Roger G. Brooks [Referenced by [825].] [Article] IBM
[824] 27-Sep-2006 [Sealed] Memorandum in Support re [782] Motion for Summary Judgment on SCO's Unfair Competition Claim [This appears to be a duplicate of [806] A redacted version is available as [830].] [Article] IBM
[825] 29-Sep-2006 Order granting [823] Motion for Admission Pro Hac Vice of Roger G. Brooks for IBM [Article] Court
[826] 29-Sep-2006 Memorandum in Support of [784] Motion for Summary Judgment on IBM's Eighth Counterclaim for Copyright Infringement (Redacted Version of [801]) [Article] IBM
[827] 29-Sep-2006 Declaration of Todd M. Shaughnessy (Second Supplemental)
(Attachments: # (1) Exhibit 600)
[Article] IBM
[828] 29-Sep-2006 Memorandum in Support of [783] Motion for Summary Judgment on SCO's Interference Claims (Redacted Version of [803]) [Note amended as [836].] [Article] IBM
[829] 29-Sep-2006 Memorandum in Support of [781] Motion for Summary Judgment on SCO's Copyright Claim (Redacted Version of [807]) [Article]
[text]
IBM
[830] 29-Sep-2006 Memorandum in Support of [782] Motion for Summary Judgment on SCO's Unfair Competition Claim (Redacted Version of [806]/[824]) [Article]
[Text]
IBM
[831] 29-Sep-2006 Notice of Conventional Filing of IBM's Redacted Memorandum in Support of its Motion for Summary Judgment on SCO's Contract Claims (SCO's First, Second, Third and Fourth Causes of Action) and IBM's Redacted Memorandum in Support of its Motion for Summary Judgment on its Claim for Declaratory Judgment of Non-Infringement (IBM's Tenth Counterclaim) [Article] IBM
[832-1]
[832-2]
29-Sep-2006 Redacted [802] Memorandum in Support of IBM's [780] Motion for Summary Judgment on SCO's Contract Claims (SCO's First, Second, Third and Fourth Causes of Action) [Referenced by [833].] [Article] [Text] IBM
[833] 02-Oct-2006 Docket Text: Modification of Docket: Error: Did not attach 2nd half of the document pdf. Correction: Added second half of document. re [832] Redacted Document. (blk, ) [Note Same as [832-2].] [Article] IBM
[834] 04-Oct-2006 Notice of Conventional Filing of Declaration of Todd M. Shaughnessy With Unsealed or Redacted Exhibits [Article] IBM
[835] 04-Oct-2006 Redaction to [804] Sealed Declaration of Todd M. Shaughnessy With 597 Exhibits (Clerks note: The exhibits are too extensive to attach and were submitted on DVD) [Article]
[Text]
[Xref]
IBM
[836] 05-Oct-2006 Memorandum in Support of [783] Motion for Summary Judgment on SCO's Interference Claims (SCO's Seventh, Eighth and Ninth Causes of Action) (Amended version of [828], Redacted Version of [803]) [Article]
[Article]
[Text]
IBM
[837] 11-Oct-2006 Motion for Extension of Time re Various Deadlines with Proposed Order [Note seems to be a repetition of [839].] IBM
[838-A]
[838-B]
12-Oct-2006 Redaction to [805] Sealed Memo in Support of Summary Jgm re: 10th counterclaim [Article, Article] [Text]
[Text]
IBM
[839] 18-Oct-2006 Stipulation and Joint Motion for Extension of Time with Proposed Order [Referenced by [837] [840].] [Text] IBM/SCO
[840] 19-Oct-2006 Order granting [839] Motion for Extension of Time regarding deadlines. Court
[841] 20-Oct-2006 Notice of Conventional Filing of SCO's Motion for a Protective Order Regarding Dr. Jeffrey Leitzinger's Personal Financial Information and Certificate of Compliance with Rule 37(c), Exhibits Thereto, and Proposed Order. [[842] (redacted as [845]) would be the Motion attached to the filing, but as it was conventionally filed, sealed, it does not appear on the list.] [Article] SCO
[--] 24-Oct-2006 Docket Text: Deadlines/Hearings terminated: Jury trial set for 26-Feb-2007 is stricken from the calendar. (kmj, ) [No document] Court
[843] 24-Oct-2006 Notice of Hearing on [695] Motion to Strike Allegations in Excess of the Final Disclosures. Hearing set for 15-Nov-2006. [Article] Court
[844] 24-Oct-2006 Minute Entry for proceedings held before Judge Dale A. Kimball : Miscellaneous Hearing re: [726] pla's objections to [718] Magistrate Judge Wells' order held on 24-Oct-2006. The Court vacated the trial date of 26-Feb-2007. [Groklaw Court Report, Transcript as [PDF] and [Text].] [Article] Court
[845] 26-Oct-2006 Redaction to [842] Motion for a Protective Order Regarding Dr. Jeffrey Leitzinger's Personal Financial Information and Certificate of Compliance with Rule 37(c)
[Referenced by [841] [848] [851] [852] [896].]
[Text] SCO
[846] 01-Nov-2006 Stipulation and Joint Motion for Extension of Time to File Opposition to Summary Judgment Motions with Exhibit A and Exhibit B [Referenced by [847].] [Article] SCO
[847] 01-Nov-2006 Opposition to SCO's [846] Motion for an Extension of Time and Cross Motion for Extension of Time with Exhibit A and Exhibit B [Article] IBM
[848] 07-Nov-2006 Notice of Conventional Filing of IBM's Redacted Memorandum in Opposition to SCO's Motion [845] for a Protective Order Regarding Dr. Jeffrey Leitzinger's Personal Financial Information and Certificate of Compliance with Rule 37(c) [Article] IBM
[849] 07-Nov-2006 Stipulated Motion for Extension of Time re Deadlines. (with Proposed Order) [Referenced by [853].] [Article] IBM/SCO
[850] 08-Nov-2006 Mail Returned as Undeliverable. Mail sent to Frederick S. Frei [Article] Court
[851] 07-Nov-2006 [Sealed] Memorandum in Opposition to Sealed [842] Redacted [845] Motion for Protective Order Regarding Dr. Jeffrey Leitzinger's Personal Financial Information and Certificate of Compliance with Rule 37(c) [Redacted as [852]] [Article] IBM
[852] 08-Nov-2006 [Redacted] Memorandum [851] in Opposition re [845] Motion for Protective Order Regarding Dr. Jeffrey Leitzinger's Personal Financial Information and Certificate of Compliance with Rule 37(c). (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G) [Article] IBM
[853] 08-Nov-2006 Order granting [849] Motion for Extension of Time regarding deadlines [Article] Court
[854] 09-Nov-2006 Notice of Hearing on Motion [695] to Strike Allegations in Excess of the Final Disclosures. Hearing previously set for 15-Nov-2006 has been reset for 30-Nov-2006 at 03:30 PM in Room 102 before Magistrate Judge Brooke C. Wells. [This hearing has been reset pursuant to the parties request and agreement] [Article] Court
[855] 10-Nov-2006 Ex Parte Motion for Leave to File Excess Pages re Memorandum in Support of IBM's Opposition to SCO's Motion Regarding Spoilation (with Proposed Order) [Referenced by [859].] [Article] IBM
[856] 10-Nov-2006 Notice of Conventional Filing of (1) Declaration of Todd M. Shaughnessy; (2) IBM's Memorandum in Opposition to SCO's [778] Motion Regarding Spoliation of Evidence; (3) IBM's Memorandum in Opposition to SCO's Motion [775] for Partial Summary Judgment on SCO's Third Cause of Action, for Breach of Contract; (4) IBM's Memorandum in Opposition to SCO's Motion [777] for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims; and (5) IBM's Memorandum in Opposition to SCO's Motion [776] for Partial Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims. [Article] IBM
[857] 11-Nov-2006 Motion for Leave to File Excess Pages [With text of Proposed Order.] [Referenced by [860].] SCO
[858] 11-Nov-2006 Notice of Conventional Filing of Opposition Memoranda and Declaration of Brent O. Hatch SCO
[859] 13-Nov-2006 Order granting [855] Motion for Leave to File Excess Pages Court
[860] 13-Nov-2006 Order granting [857] Motion for Leave to File Excess Pages Court
[861] 11-Nov-2006 [Sealed] Memorandum in Opposition re [782] Motion for Summary Judgment on SCO's Unfair Competition Claim [Referenced by [907] [909].] SCO
[862] 11-Nov-2006 [Sealed] Memorandum in Opposition re [233] Motion for Partial Summary Judgment re: IBM's 8th Counterclaim - Copyright Infringement [Note the docket says it is in opposition to [233] but it is more likely [784].] [Note redacted as [954].] SCO
[863] 10-Nov-2006 [Sealed] Memorandum in Opposition re [775] Motion for Summary Judgment on SCO's Third Cause of Action, For Breach of Contract [Note redacted as [883].] IBM
[864] 10-Nov-2006 [Sealed] Memorandum in Opposition re [778] Motion for Relief for IBM's Spoliation of Evidence. [Note redacted as [879].] IBM
[865] 10-Nov-2006 [Sealed] Memorandum in Opposition re [776] Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims [Note redacted as [882].] IBM
[866] 10-Nov-2006 [Sealed] Memorandum in Opposition re [777] Motion for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims [Note redacted as [881].] IBM
[867] 10-Nov-2006 [Sealed] Declaration of Todd M. Shaughnessy [Note redacted as [880].] IBM
[868] 11-Nov-2006 [Sealed] Memorandum in Opposition re [783] Motion for Summary Judgment on SCO's Interference Claims (Attachments: # (1) 2nd half of document) [Referenced by [908] [910].] SCO
[869] 11-Nov-2006 [Sealed] Memorandum in Opposition re [781] Motion for Summary Judgment on SCO's Copyright Claim (Attachments: # (1) 2nd half of document) [Referenced by [903].] SCO
[870] 11-Nov-2006 [Sealed] Memorandum in Opposition part 1 re [785] Motion for Summary Judgment on IBM's Tenth Counterclaim [Note redacted as [956].] SCO
[871] 11-Nov-2006 [Sealed] Memorandum in Opposition part 2 re [785] Motion for Summary Judgment on IBM's Tenth Counterclaim SCO
[872] 11-Nov-2006 [Sealed] Memorandum in Opposition part 1 of 4 re [780] Motion for Summary Judgment on SCO's Contract Claims [Note redacted as [960].] SCO
[873] 11-Nov-2006 [Sealed] Memorandum in Opposition part 3 of 4 re [780] Motion for Summary Judgment on SCO's Contract Claims (Attachments: # (1) 2nd half of document) SCO
[874] 11-Nov-2006 [Sealed] Memorandum in Opposition part 2 of 4 re [780] Motion for Summary Judgment on SCO's Contract Claims SCO
[875] 11-Nov-2006 [Sealed] Memorandum in Opposition part 4 of 4 re [780] Motion for Summary Judgment on SCO's Contract Claims [Referenced by [960].] SCO
[876] 11-Nov-2006 [Sealed] Declaration of Brent O. Hatch SCO
[877] 17-Nov-2006 Notice of Conventional Filing of [878] Reply in Support of Motion for a Protective Order Regarding Dr. Jeffrey Leitzinger's Personal Financial Information SCO
[878] 17-Nov-2006 [Sealed] Reply in Support of Sealed Motion [842] for Protective Order re Dr. Jeffrey Leitzinger's Personal Financial Information [Referenced by [877].] SCO
[879] 21-Nov-2006 Redacted [864] Memorandum in Opposition to Motion [778] for Relief for IBM's Spoliation of Evidence (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P) [Text] IBM
[880] 22-Nov-2006 Redacted [867] Declaration of Todd M. Shaughnessy (Attachments: # (1) Exhibit 601, # (2) Exhibit 602, # (3) Exhibit 603, # (4) Exhibit 604, # (5) Exhibit 605, # (6) Exhibit 606, # (7) Exhibit 607, # (8) Exhibit 608, # (9) Exhibit 609, # (10) Exhibit 610, # (11) Exhibit 611, # (12) Exhibit 612, # (13) Exhibit 613, # (14) Exhibit 614, # (15) Exhibit 615, # (16) Exhibit 616, # (17) Exhibit 617, # (18) Exhibit 618) [Article] IBM
[881] 22-Nov-2006 Redacted [866] Memorandum in Opposition to Motion [777] for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims [Article]
[Text]
IBM
[882] 22-Nov-2006 Redacted [865] Memorandum in Opposition to Motion [776] for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims [Article]
[Text]
IBM
[883] 22-Nov-2006 Redacted [863] Memorandum in Opposition to Motion [775] for Summary Judgment on SCO's Third Cause of Action, For Breach of Contract [Article]
[Text]
IBM
[884] 29-Nov-2006 Order Affirming Magistrate Judge's Order [718] of June 28, 2006
[Referenced by [893] [894] [895] [897] [898] [950] [953] [970].]
[Text] Court
[885] 29-Nov-2006 Notice of Hearing on Motion re: [777] Motion for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims, [775] Motion for Summary Judgment on SCO's Third Cause of Action, For Breach of Contract, [784] Motion for Summary Judgment on IBM's Eighth Counterclaim, [782] Motion for Summary Judgment on SCO's Unfair Competition Claim, [783] Motion for Summary Judgment on SCO's Interference Claims, [780] Motion for Summary Judgment on SCO's Contract Claims, [776] Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims, [785] Motion for Summary Judgment on IBM's Tenth Counterclaim, [781] Motion for Summary Judgment on SCO's Copyright Claim: Motion Hearing set for 01-Mar-2007 03:00 PM in Room 220 before Judge Dale A. Kimball. [Referenced by [970].] [Article] Court
[886] 29-Nov-2006 Notice of Hearing on Motion re: [777], [775], [784], [782], [783], [780], [776], [785], [781]: Motion Hearing set for 05-Mar-2007 02:30 PM in Room 220 before Judge Dale A. Kimball. [Article] Court
[887] 29-Nov-2006 Notice of Hearing on Motion re: [777], [775], [784], [782], [783], [780], [776], [785], [781]: Motion Hearing set for 07-Mar-2007 02:30 PM in Room 220 before Judge Dale A. Kimball. [Article] Court
[888] 30-Nov-2006 Minute Entry for proceedings held before Judge Brooke C. Wells: Court heard oral arguments. Court granted [695] Motion to Strike Allegations in Excess of the Final Disclosures filed by IBM. Written Order to be prepared by Mr. Marriott. [Groklaw Court Report.] [Article] Court
[889] 01-Dec-2006 Notice of Conventional Filing of Reply Memorandum in Further Support of SCO's [778] Motion for Relief For IBM's Spoliation of Evidence SCO
[890] 01-Dec-2006 Ex Parte Motion for Leave to File Over-length Reply Memorandum [Referenced by [892].] SCO
[891] 01-Dec-2006 [Sealed] Reply Memorandum in Further Support re [778] Motion for Relief for IBM's Spoliation of Evidence SCO
[892] 06-Dec-2006 Order granting [890] Motion for Leave to File overlength reply memorandum [Article] Court
[893] 13-Dec-2006 Notice of Conventional Filing of Motion for Reconsideration of November 29th Order [884] and Memorandum in Support of Motion for Reconsideration of November 29th Order [Article]
[Article]
SCO
[894]
[Pending]
13-Dec-2006 [Sealed] Motion to Reconsider Order [884] dated 29-Nov-2006. [Note redacted as [897] and [902].]
[Referenced by [895] [911] [912] [950] [955] [970].]
SCO
[895] 13-Dec-2006 [Sealed] Memorandum in Support re [894] Sealed Motion to Reconsider Order [884] dated 29-Nov-2006. [Referenced by [898].] SCO
[896] 14-Dec-2006 Notice of Hearing on Motion re: [842] Sealed [845] Redacted Motion for Protective Order Regarding Dr. Jeffrey Leitzinger's Personal Financial Information and Certificate of Compliance with Rule 37(c), [778] Motion for Relief for IBM's Spoliation of Evidence: Motion Hearing set for 18-Jan-2007 09:30 AM in Room 102 before Magistrate Judge Brooke C. Wells [Article] Court
[897] 14-Dec-2006 Request/Redacted Motion [894] for Reconsideration of November 29th Order [884] (Dated 13-Dec-2006) [Referenced by [898] [900].] [Text] SCO
[898] 14-Dec-2006 Redacted Memorandum [895] in Support of Motion [897] for reconsideration of November 29th order [884] (Dated 13-Dec-2006) [Article]
[Text]
SCO
[899]
[Pending]
14-Dec-2006 Objection to the Magistrate Judge's Decision [906] on IBM's Motion [695] to Confine
[Referenced by [921] [957] [961] [968] [1034] [1044] [1056].]
[Article] SCO
[900] 18-Dec-2006 Notice of Deficiency re [897] Request. The document was filed as a request and would be better filed as a motion. The court asks the filer of the original document to file the pleading again. [Article]
[Article]
Court
[901] 18-Dec-2006 Stipulated Motion for Extension of Time to file reply memoranda in further support of pending motions for summary judgment with Proposed Order [Referenced by [904].] [Article] IBM/SCO
[902] 19-Dec-2006 Redacted [894] Sealed Motion for Reconsideration of November 29th Order by Plaintiff SCO Group. Document dated 13-Dec-2006. [Text] SCO
[903] 20-Dec-2006 Redaction to [869] Sealed Document SCO's Memorandum in Opposition to IBM's "Motion for Summary Judgment on SCO's Copyright Claim (SCO's Fifth Cause of Action)" (Attachments: # (1) Part 2: pages 30-64, # (2) Appendix A) [Article] SCO
[904] 20-Dec-2006 Order granting [901] Motion for Extension of Time to file reply memoranda in further support of pending motions for summary judgment. Reply Memoranda Due: 12-Jan-2007. Signed by Judge Dale A. Kimball on 19-Dec-2006. [Article] Court
[905] 21-Dec-2006 Motion for Admission Pro Hac Vice of Sashi Bach Boruchow. (Attachments: # (2) Application for Admission# (3) Electronic Case Filing Registration Form# (4) Text of Proposed Order) [Referenced by [920].] [Article] SCO
[906] 26-Dec-2006 Order Granting IBM's Motion [695] to Confine SCO's Claims to, and Strike Allegations in Excess of, the Final Disclosures. (Document dated 21-Dec-2006)
[Referenced by [899] [916] [917] [921] [1056].]
[Text] Court
[907] 27-Dec-2006 Redaction to [861] Sealed Document Memorandum in Opposition to IBM's Motion for Summary Judgment on SCO's Unfair Competition Claim (SCO's Sixth Cause of Action) [Refiled as [909]] [Article]
[Text]
SCO
[908] 27-Dec-2006 Redaction to [868] Sealed Document, Memorandum in Opposition to IBM's Motion for Summary Judgment on SCO's Interference Claims (SCO's Seventh, Eighth and Ninth Causes of Action) [Refiled as [910]] [Article]
[Text]
SCO
[909] 28-Dec-2006 Redacted [861] Sealed Document Refile of Document [907] Memorandum in Opposition to IBM's Motion for Summary Judgment on SCO's Unfair Competition Claim (Attachments: # (1) Appendix A) [Article]
[Text]
SCO
[910] 28-Dec-2006 Redacted [868] Sealed Document, Refile of Document [908] : Memorandum in Opposition to IBM's Motion for Summary Judgment on SCO's Interference Claims (Attachments: # (1) Appendix A) [Article]
[Text]
SCO
[911] 02-Jan-2007 Motion for Extension of Time to File Response/Reply as to [894] Sealed Motion for Reconsideration (with Proposed Order). [Referenced by [912].] [Article] IBM
[912] 02-Jan-2007 Order Granting [911] Motion for Extension of Time to File Response/Reply re [894] Sealed Motion. Replies due by 19-Jan-2007 [Article] Court
[913]
[Pending]
09-Jan-2007 Motion to Amend/Correct December 2005 Submission. (Attachments: # (1) Text of Proposed Order)
[Referenced by [914] [915] [922] [957] [961] [968] [970] [982] [991] [994] [1034] [1055].]
[Article] SCO
[914] 09-Jan-2007 Memorandum in Support re [913] Motion to Amend/Correct December 2005 Submission (Attachments: # (1) Exhibit 1-3 Filed under Seal, # (2) Exhibit 4, # (3) Exhibit 5, # (4) Exhibit 6, # (5) Exhibit 7) [Referenced by [915] [922].] [Text] SCO
[915] 09-Jan-2007 Notice of Conventional Filing of Exhibits 1, 2 and 3 to Memorandum [914] in Support of [913] Motion to Amend/Correct December 2005 Submission [Article] SCO
[916] 09-Jan-2007 Notice of Conventional Filing of SCO's Memorandum in Support of its Objections to the Magistrate Judge's Order [906] on IBM's motion [695] to Confine. [Referenced by [992].] [Article] SCO
[917] 09-Jan-2007 Motion for Leave to File Over Length Memorandum in Support of its Objections to the Magistrate Judge's Order [906] on IBM's motion [695] to Confine. (Attachments: # (1) Text of Proposed Order)
[Referenced by [919] [992] [1056].]
[Article]
[Article]
SCO
[918] 10-Jan-2007 Stipulated Motion for Extension of Time of Deadlines. (Attachments: # (1) Text of Proposed Order) [Referenced by [931].] [Article] IBM/SCO
[919] 10-Jan-2007 Order granting [917] Motion for Leave to File overlength memo. [Article] Court
[920] 09-Jan-2007 Order granting [905] Motion for Admission Pro Hac Vice of Sashi Bach Boruchow for SCO Group. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov . Signed by Judge Dale A. Kimball on 08-Jan-2007. [Article] Court
[921] 09-Jan-2007 [Sealed] Memorandum in support re [899] Objection to Magistrate Judge Decision [906] on IBM's Motion [695] to Confine [Referenced by [1056].] [Article] SCO
[922] 09-Jan-2007 [Sealed] Exhibits 1, 2 & 3 to [914] Memorandum in Support of [913] Motion to Amend/Correct December 2005 Submission. [Article] SCO
[923] 12-Jan-2007 Ex Parte Motion for Leave to File Excess Pages. (Attachments: # (1) Text of Proposed Order) [Referenced by [932].] [Article] IBM
[924] 12-Jan-2007 Notice of Conventional Filing of
- 1) IBM's Reply Memorandum in Further Support of its Motion [780] for Summary Judgment on SCO's Contract Claims (SCO's First, Second, Third and Fourth Causes of Action);
- 2) IBM's Reply Memorandum in Further Support of Its Motion [781] for Summary Judgment on SCO's Copyright Claim (SCO's Fifth Cause of Action);
- 3) IBM's Reply Memorandum in Further Support of Its Motion [782] for Summary Judgment on SCO's Unfair Competition Claim (SCO's Sixth Cause of Action);
- 4) IBM's Reply Memorandum in Further Support of Its Motion [783] for Summary Judgment on SCO's Interference Claims (SCO's Seventh, Eighth and Ninth Causes of Action);
- 5) IBM's Reply Memorandum in Further Support of Its Motion [785] for Summary Judgment Regarding Its Claim for Declaratory Judgment of Non-Infringement (IBM's Tenth Counterclaim);
- 6) IBM's Reply Memorandum in Further Support of Its Motion [784] for Summary Judgment on Its Claim for Copyright Infringement Claim (IBM's Eighth Counterclaim);
- 7) Declaration of Todd M. Shaughnessy;
- 8) Supplemental Declaration of Todd M. Shaughnessy
[Article] IBM
[925] 12-Jan-2007 Notice of Conventional Filing of SCO's Reply Memorandum in Further Support of its Motion [775] for Summary Judgment on SCO's Third Cause of Action, For Breach of Contract [Article] SCO
[926] 12-Jan-2007 Notice of Conventional Filing of SCO's Reply Memorandum in Further Support of its Motion [776] for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims [Article] SCO
[927] 12-Jan-2007 Motion for Leave to File SCO's Over length Reply Memorandum in Further Support of its Motion [775] for Partial Summary Judgment on SCO's Third Cause of Action, For Breach of Contract. (Attachments: # (1) Text of Proposed Order) Motions referred to Brooke C. Wells. [Referenced by [933].] [Article] SCO
[928] 12-Jan-2007 Ex Parte Motion for Leave to File Over Length Reply Memorandum in Support of Motion [777] for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims. (Attachments: # (1) Text of Proposed Order) Motions referred to Brooke C. Wells. [Referenced by [935].] [Article] SCO
[929] 12-Jan-2007 Ex Parte Motion for Leave to File Over Length Reply Memorandum in Support of Motion [776] for Summary Jugment on IBM's Second, Third, Fourth and Fifth Counterclaims. (Attachments: # (1) Text of Proposed Order) Motions referred to Brooke C. Wells. [Referenced by [934].] [Article] SCO
[930] 12-Jan-2007 Reply Memorandum/Reply to Response to Motion re [777] Motion for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims [Article]
[Text]
SCO
[931] 16-Jan-2007 Order granting [918] Stipulated Motion for Extension of Time regarding deadlines. [Article] Court
[932] 16-Jan-2007 Order granting [923] Motion for Leave to File Excess Pages. [Article] Court
[933] 16-Jan-2007 Order granting [927] Motion for Leave to File overlength reply memo. [Article] Court
[934] 16-Jan-2007 Order granting [929] Motion for Leave to File overlength reply memo. [Article] Court
[935] 16-Jan-2007 Order granting [928] Motion for Leave to File overlength reply memo. [Article] Court
[936] 16-Jan-2007 Motion for Admission Pro Hac Vice of Michael P. Burke, Registration fee $ 15, receipt number 4681015650, [Referenced by [937].] [Article] IBM
[937] 16-Jan-2007 Order granting [936] Motion for Admission Pro Hac Vice of Michael P. Burke [Article] Court
[938] 12-Jan-2007 [Sealed] Reply Memorandum in support of [780] Motion for Summary Judgment on SCO's Contract Claims. Part 1 of 2. (Oversized - no document attached.) [Referenced by [981].] [Article] IBM
[939] 12-Jan-2007 [Sealed] Reply Memorandum in support of [780] Motion for Summary Judgment on SCO's Contract Claims. Part 2 of 2. (Oversized - no document attached.) [Article] IBM
[940] 12-Jan-2007 [Sealed] Reply Memorandum in support of [785] Motion for Summary Judgment on IBM's Tenth Counterclaim. (Oversized - no document attached.) [Referenced by [983].] [Article] IBM
[941] 12-Jan-2007 [Sealed] Declaration of Todd M. Shaughnessy [Article] IBM
[942] 12-Jan-2007 [Sealed] Reply Memorandum in support of [781] Motion for Summary Judgment on SCO's Copyright Claim. (Oversized - no document attached.) [Note redacted as [977].] [Article] IBM
[943] 12-Jan-2007 [Sealed] Reply Memorandum in Support of [775] Motion for Summary Judgment on SCO's Third Cause of Action, For Breach of Contract [Article] SCO
[944] 12-Jan-2007 [Sealed] Reply Memorandum in support re [776] Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims [Article] SCO
[945] 12-Jan-2007 [Sealed] Reply Memorandum in support of [784] Motion for Summary Judgment on IBM's Eighth Counterclaim. Modified on 18-Jan-2007 by correcting filer information [Note redacted as [980].] [Article] IBM
[946] 12-Jan-2007 [Sealed] Reply Memorandum in support of [783] Motion for Summary Judgment on SCO's Interference Claims [Note redacted as [979].] [Article] IBM
[947] 12-Jan-2007 [Sealed] Reply Memorandum in support of [782] Motion for Summary Judgment on SCO's Unfair Competition Claim [Article] IBM
[948] 12-Jan-2007 [Sealed] Supplemental Declaration of Todd M. Shaughnessy [Article] IBM
[--] [Note from Groklaw: There is no docket number [949] on PACER to date. However, we believe that the appropriate entry likely would reference the court hearing held on 18-Jan-2007. If you wish to read the transcript of that hearing, which was on the issue of spoliation and which resulted in a ruling from the bench that no spoliation had occurred, you can find it here [PDF]. Groklaw's eyewitness report from the hearing is here.]
--
[950] 19-Jan-2007 Memorandum in Opposition to SCO's Motion [894] for Reconsideration of the Court's Order [884] of November 29, 2006
Exhibit A: Monroe v. Myers, No. 05-00351, 2006 WL 2699029, at *1 (D. Colo. Sept. 19, 2006)
Exhibit B: Whitmer v. World Fin. Network Nat'l Bank, No. 04-00567, 2006 U.S. Dist. LEXIS 73169, at *3 (D. Utah October 6, 2006)
Exhibit C: Caprin v. Simon Transp. Servs., No. 98-863, 2001 U.S. Dist. LEXIS 25680, at *5 (D. Utah Mar. 12, 2001)
Exhibit D: MacArthur v. San Juan County, No. 00-584, 2000 U.S. Dist. LEXIS 22792, at *23 (D. Utah December 12, 2000) (Kimball, J.)
Exhibit E: Poddar v. State Bank of India, No. 98-1691, 2006 WL 2092469, at *1 (S.D.N.Y. July 26, 2006)
Exhibit F: Naiman v. New York Univ. Hosp. Ctr., No. 95-6469, 2005 WL 926904, at *2 (S.D.N.Y. April 21, 2005)
Exhibit G: Lewis v. State of Oklahoma Ex Rel. Board of Regents for Tulsa Community College, 42 Fed. Appx. 160, 2002 WL 1316810, at *6 (10th Cir. 2002)
Exhibit H: Traylor v. Jenks, No. 05-1167, 2006 WL 2715009, at *1 (W.D. Okla. Sept. 21, 2006)
Exhibit I: Wendover City v. W. Wendover City, No. 03-523, 2006 WL 3469606, at *2 (D. Utah Nov. 30, 2006)
Exhibit J: E.E.O.C. v. Body Firm Aerobics, Inc., No. 03-846, 2006 WL 1579608, at *3 (D. Utah June 1, 2006)
Exhibit K: McCormick v. City of Lawrence, Kan., No. 02-2135, 2005 WL 1606595, at *6 (D. Kan. July 8, 2005)
[Text] IBM
[951] 24-Jan-2007 Stipulated Motion for Extension of Time IBM to file its opposition to (i) SCO's Objections to the Magistrate Judge's Order on IBM's Motion to Confine, and (ii) SCO's Motion to Amend/Correct December 2005 Submission with Text of Proposed Order. [Referenced by [952].] IBM
[952] 29-Jan-2007 Order granting [951] Motion for Extension of Time. Signed by Judge Dale A. Kimball on 26-Jan-2007. [Article] Court
[953] 02-Feb-2007 Ex Parte (Not Sealed) Motion for Leave to File SCO's Over Length Reply Memorandum in Support of Its Motion for Reconsideration of the Court's Order of November 29, 2009 [Note: the docket says "2009" but this is Order [884] from 29-Nov-2006]. (Attachments: # (1) Text of Proposed Order) [Referenced by [970].] SCO
[954] 02-Feb-2007 Redaction to [Sealed][862] Memorandum in Opposition to IBM's Motion for Summary Judgment on Its Claim for Copyright Infringement (IBM's Eighth Counterclaim). (Attachments: # (1) Appendix A) [Article]
[Text]
SCO
[955] 02-Feb-2007 Reply Memorandum/Reply to Response to Motion re [894] Sealed Motion for Reconsideration. (Attachments: # (1) Exhibit A) [Text] SCO
[956] 06-Feb-2007 Redacted [870] Memorandum in Opposition to IBM's Motion for Summary Judgment on its Claim for Declaratory Judgment of Non-Infringement (IBM's 10th Counterclaim).
(Attachments: # (1) Redacted Brief Part 2, # (2) Appendix Part 1, # (3) Appendix Part 2, # (4) Appendix Part 3, # (5) Appendix Part 4)
[Article] SCO
[957] 08-Feb-2007 Motion for Extension of Time to File Response/Reply as to [913] Motion to Amend/Correct December 2005 Submission, [899] Objection to Magistrate Judge Decision to District Court. (Attachments: # (1) Text of Proposed Order) [Referenced by [959].] [Article] IBM
[958] 12-Feb-2007 Order Granting SCO's Motion [842] for a Protective Order Regarding Dr. Jeffrey Leitzinger's Personal Financial Information. Signed on 12-Feb-2007 by Judge Brooke C. Wells. [Article] Court
[959] 13-Feb-2007 Order granting [957] Motion for Extension of Time to File Response/Reply re: Objections and Motion to Amend Decision. Replies due by 16-Feb-2007. [Article] Court
[960] 16-Feb-2007 Redacted [872]-[875] Memorandum in Opposition to [780] IBM's Motion for Summary Judgment on SCO's Contract Claims with Appendix [Article]
[Text]
SCO
[961] 16-Feb-2007 Memorandum in Opposition to [913] SCO's Motion to Amend/Correct December 2005 Submission and re: [899] Objection to Magistrate Judge Decision.
(Attachments: # (1) Exhibit Addendum A, # (2) Exhibit Addendum B, # (3) Exhibit Addendum C,
# (4) Exhibit Addendum D, # (5) Exhibit Addendum E, # (6) Exhibit Addendum F,
# (7) Exhibit Addendum G, # (8) Exhibit Addendum H, # (9) Exhibit Addendum I (under seal),
# (10) Exhibit Addendum J (under seal), # (11) Exhibit Addendum K (Unpublished Opinions)) [Note corrected as [968].]
[Referenced by [962] [963] [964] [965].]
[Article]
[Text]
IBM
[962] 16-Feb-2007 Ex Parte Motion for Leave to File Excess Pages for [961] IBM's Memorandum in Opposotion [Referenced by [966].] [Article] IBM
[963] 16-Feb-2007 Addendum K to [961] Memorandum in Opposition to Motion (Full document not scanned and attached due to size) [Article] IBM
[964] 16-Feb-2007 [Sealed] Addendum J - re [961] Memorandum in Opposition to Motion [Article] IBM
[965] 16-Feb-2007 [Sealed] Addendum I - re [961] Memorandum in Opposition to Motion [Article] IBM
[966] 20-Feb-2007 Order granting [962] Motion for Leave to File Excess Pages. [Article] Court
[967] 21-Feb-2007 Stipulated Motion for Extension of Time to File Response/Reply to IBM's Memorandum in Opposition to SCO's Objections to the Magistrate Judge's Order on IBM's Motion to Confine and SCO's Motion to Amend its December 2005 Submission with Text of Proposed Order. [Referenced by [969].] [Article] SCO
[968] 21-Feb-2007 Memorandum in Opposition re [913] Motion to Amend/Correct December 2005 Submission and re [899] Objection to Magistrate Judge Decision (Corrected). Attachments:
Exhibit Addendum A, Exhibit Addendum B, Exhibit Addendum C,
Exhibit Addendum D, Exhibit Addendum E, Exhibit Addendum F,
Exhibit Addendum G, Exhibit Addendum H, Exhibit Addendum I (under seal),
Exhibit Addendum J (under seal), Errata Addendum K (Unpublished Opinions) [Referenced by [961].]
[Article]
[Text]
IBM
[969] 22-Feb-2007 Order granting [967] Motion for Extension of Time to File Response/Reply re: Objections to Magistrate Judges Order. Replies due by 12-Mar-2007 Court
[970] 28-Feb-2007 Amended Notice [885] of Hearing on Motion re: [782] Motion for Summary Judgment on SCO's Unfair Competition Claim, [776] Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims, [780] Motion for Summary Judgment on SCO's Contract Claims, [777] Motion for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims, [775] Motion for Summary Judgment on SCO's Third Cause of Action, For Breach of Contract, [781] Motion for Summary Judgment on SCO's Copyright Claim, [784] Motion for Summary Judgment on IBM's Eighth Counterclaim, [953] Ex Parte (Not Sealed) Motion for Leave to File SCO's Over Length Reply Memorandum in Support of Its Motion for Reconsideration of the Court's Order of November 29, 2009 [Note: the docket says "2009" but this is Order [884] from 29-Nov-2006], [894] Sealed Motion, [783] Motion for Summary Judgment on SCO's Interference Claims, [785] Motion for Summary Judgment on IBM's Tenth Counterclaim, [913] Motion to Amend/Correct December 2005 Submission : Motion Hearing reset for 01-Mar-2007 02:30 PM in Room 220 before Judge Dale A. Kimball. Please note time change from 3:00 PM to 2:30 PM. [Article] Court
[971] 28-Feb-2007 Supplemental Declaration of Brent O. Hatch with Exhibit 389 excerpts from the February 16, 2007 deposition of Lawrence Bouffard in SCO v. Novell. [Text] SCO
[972] 01-Mar-2007 Minute Entry for proceedings held before Judge Dale A. Kimball : Motion Hearing held on 1-Mar-2007 re [775] Motion for Summary Judgment on SCO's Third Cause of Action, For Breach of Contract filed by SCO Group, [781] Motion for Summary Judgment on SCO's Copyright Claim filed by International Business Machines Corporation, [780] Motion for Summary Judgment on SCO's Contract Claims filed by International Business Machines Corporation. After hearing the arguments of counsel, the Court took the motions under advisement.Attorneys for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch. Attorneys for Defendant: David Marriott, Amy Sorensen, Michael Burke, Todd Shaughnessy. Court Reporter: Ed Young. [Groklaw court report] [Transcript PDF & text] [Article] Court
[973] 02-Mar-2007 Order denying [778] Motion for Relief for IBM's Spoliation of Evidence filed by SCO Group. Follows oral order on motion in hearing on 18-Jan-2007.
[Referenced by [986] [987] [990] [995] [996] [997] [1000] [1001] [1002] [1003] [1005] [1006] [1009] [1010] [1013] [1028] [1029] [1057] [1062].]
[Text] Court
[974] 05-Mar-2007 Minute Entry for proceedings held before Judge Dale A. Kimball : Motion Hearing held on 05-Mar-2007 re [782] Motion for Summary Judgment on SCO's Unfair Competition Claim filed by IBM, [783] Motion for Summary Judgment on SCO's Interference Claims filed by IBM. After hearing the arguments of counsel, the Court took the motions under advisement.
[Groklaw court report] [Transcript PDF part A & part B, Text]
Court
[975] 07-Mar-2007 Minute Entry for proceedings held before Judge Dale A. Kimball : Motion Hearing held on 07-Mar-2007 re [776] Motion for Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims filed by SCO Group, [784] Motion for Summary Judgment on IBM's Eighth Counterclaim filed by IBM, [785] Motion for Summary Judgment on IBM's Tenth Counterclaim filed by IBM, [777] Motion for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims filed by SCO Group. After hearing the arguments of counsel, the Court took the motions under advisement.
[Groklaw court report] & [Part 2] [Transcript]
Court
[976] 12-Mar-2007 Stipulated Motion for Extension of Time to File Response/Reply reply memorandum to (i) IBM's Memorandum in Opposition to SCO's Objections to the Magistrate Judges Order on IBM's Motion to Confine and (ii) IBM's Memorandum in Opposition to SCO's Motion to Amend its December 2005 Submission with Text of Proposed Order [Referenced by [982].] [Article] SCO
[977] 12-Mar-2007 Redaction to [942] Sealed Document IBM's Reply Memorandum in Further Support of Its Motion for Summary Judgment on SCO's Copyright Claim (SCO's Fifth Cause of Action). (Attachments: # (1) Exhibit Addendum A, # (2) Exhibit Addendum B, # (3) Exhibit Addendum C, # (4) Exhibit Addendum D, # (5) Exhibit Addendum E, # (6) Exhibit Addendum F, # (7) Exhibit Addendum G, # (8) Exhibit Addendum H, # (9) Supplement Addendum I, # (10) Exhibit Addendum J, # (11) Exhibit Addendum K, # (12) Exhibit Addendum L, # (13) Supplement Addendum M, # (14) Exhibit Addendum N, # (15) Exhibit Addendum O) [Article] IBM
[978] 12-Mar-2007 Redacted Reply Memorandum in Further Support of Motion for Summary Judgment on SCO's Unfair Competition Claim (SCO's Sixth Cause of Action [PDF], with Addendum A, IBM's Undisputed Facts, and Addendum B, IBM's Objections to SCO's Alleged Evidence [Text] IBM
[979] 13-Mar-2007 Redaction to IBM's Reply Memorandum [946] in Further Support of its Motion for Summary Judgment on SCO's Interference Claims (SCO's Seventh, Eighth, and Ninth Causes of Action) by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (Attachments: # (1) Exhibit Addendum A, # (2) Exhibit Addendum B, # (3) Exhibit Addendum C, # (4) Exhibit Addendum D, # (5) Exhibit Addendum E) [Article] IBM
[980] 13-Mar-2007 Redation to IBM's Reply Memorandum [945] in Further Support of its Motion for Summary Judgment on its Claim for Copyright Infringement (IBM's Eighth Counterclaim). (Attachments: # (1) Exhibit Addendum A, # (2) Exhibit Addendum B) [Article]
[Text]
IBM
[981] 13-Mar-2007 Redaction to IBM's Reply Memorandum [938] in Further Support of its Motion [780] for Summary Judgment on SCO's Contract Claims (SCO's First, Second, Third and Fourth Causes of Action). (Attachments: # (1) Exhibit Addendum A - Part 1, # (2) Exhibit Addendum A - Part 2, # (3) Exhibit Addendum B, # (4) Exhibit Addendum C, # (5) Exhibit Addendum D, # (6) Exhibit Addendum E [Text], # (7) Exhibit Addendum F, # (8) Exhibit Addendum G, # (9) Exhibit Addendum H, # (10) Exhibit Addenda I through GG (Unpublished Opinions)) [Article] IBM
[982] 14-Mar-2007 Order granting [976] Motion for Extension of Time to File Response/Reply re [913] Motion to Amend/Correct December 2005 Submission Replies due by 19-Mar-2007. Court
[983] 16-Mar-2007 Redaction to IBM's Reply Memorandum [940] in Further Support of its Motion for Summary Judgment on its Claim for Declaratory Judgment of Non-Infringement (IBM's Tenth Counterclaim). (Attachments: # (1) Exhibit Addendum A - Part 1, # (2) Exhibit Addendum A - Part 2, # (3) Exhibit Addendum B, # (4) Exhibit Addendum C, # (5) Exhibit Addendum D, # (6) Exhibit Addenda E through BB (Unpublished Opinions)) [Text] IBM
[984] 16-Mar-2007 Notice of Conventional Filing of
1.SCO's Memorandum in Support of its Motion for Reconsideration by the Magistrate Court of the Order Denying SCO's Motion for Relief for IBM's Spoliation of Evidence and Exhibits thereto;
3. SCO's Memorandum in Support of its Objections to the Magistrate Courts Order Denying SCO's Motion for Relief for IBM's Spoliation of Evidence and Exhibits thereto;
5.Declaration of Mark F. James Regarding SCO's Objections to the Magistrate Courts Order Denying SCO's Motion for Relief for IBM's Spoliation of Evidence;
6.Declaration of Mark F. James Regarding SCO's Memorandum in Support of its Objections to the Magistrate Courts Order Denying SCO's Motion for Relief for IBM's Spoliation of Evidence;
7.Declaration of Dr. Evan Ivie in Support of SCO's Motion for Reconsideration by the Magistrate Court of the Order Denying SCO's Motion for Relief for IBM's Spoliation of Evidence;
8.Declaration of Mark Rockhind in Support of SCO's Motion for Reconsideration by the Magistrate Court of the Order Denying SCO's Motion for Relief for IBM's Spoliation of Evidence
[Article] SCO
[985] 16-Mar-2007 Motion for Leave to File Excess Pages for SCO's Memorandum in Support of its Motion for Reconsideration by the Magistrate Court of the Order Denying SCO's Motion for Relief from IBM's Spoliation of Evidence. (Attachments: # (1) Text of Proposed Order) [Referenced by [989].] [Article] SCO
[986]
[Pending]
16-Mar-2007 Motion for Miscellaneous Relief, Motion for Reconsideration by the Magistrate Court of the Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence. (Attachments: # (1) Text of Proposed Order)
[Referenced by [990] [995] [996] [997] [1001] [1003] [1006] [1009] [1010] [1013] [1028] [1029] [1043] [1047] [1053] [1054] [1057] [1062] [1136] [1139] [1142] [1147] [1150].]
[Article] SCO
[987] 16-Mar-2007 Motion for Leave to File Excess Pages for Memorandum in Support of its Objections to the Magistrate Courts Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence. (Attachments: # (1) Text of Proposed Order) [Referenced by [988].] [Article] SCO
[988] 19-Mar-2007 Order granting [987] Motion for Leave to File Excess Pages. [Article] Court
[989] 19-Mar-2007 Order granting [985] Motion for Leave to File Excess Pages. [Article] Court
[990] 16-Mar-2007 [Sealed] Memorandum in Support re [986] Motion for Reconsideration by the Magistrate Court of the Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence. (Attachments: # (1) Exhibit A-C) [Note redacted as [1009].] [Article] SCO
[991] 19-Mar-2007 Reply Memorandum/Reply to Response to Motion re [913] Motion to Amend/Correct December 2005 Submission [Note corrected as [994].] [Referenced by [993].] [Article]
[Text]
SCO
[992] 19-Mar-2007 Reply Memorandum/Reply to Response to Motion re [917] Plaintiff's Motion for Leave to File over length Memorandum in Support of its Objections to the Magistrate Judge's Order on IBM'S Motion to Confine Re: Docket No. [916] (Original Objection Not Available on Docket to Link to While Filing). (Attachments: # (1) Exhibit 1, # (2) Exhibit A: unpublished case) [Article] SCO
[993] 19-Mar-2007 Notice of Corrected Filing by SCO Group, SCO Group re [991] Reply Memorandum/Reply to Response to Motion to Amend/Correct December 2005 Submission [Article] SCO
[994] 19-Mar-2007 Reply Memorandum/Reply to Response to Motion re [913] Motion to Amend/Correct December 2005 Submission Corrected. (Attachments: # (1) Exhibit A - C: Unpublished Cases) [Referenced by [991] [1034].] [Article] SCO
[995] 16-Mar-2007 [Sealed] Memorandum in Support of Objections to Order re [986] Motion for Reconsideration by the Magistrate Court of the Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence. (Attachments: # (1) Exhibit A-C) [Note redacted as [1002].] [Referenced by [1028] [1150].] [Article] SCO
[996] 16-Mar-2007 [Sealed] Declaration of MARK F. JAMES re [986] Motion for Reconsideration by the Magistrate Court of the Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence [Note redacted as [1010].] [Article] SCO
[997] 20-Mar-2007 [Sealed] Declaration of Mark F. James re Objections to Order re [986] Motion for Reconsideration by the Magistrate Court of the Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2-8) [Article] SCO
[998] 16-Mar-2007 [Sealed] Reply Memorandum in Support of Cross Motion for Partial Summary Judgment on Novell's Fourth Counterclaim [Note corrected in [1008].] [Article]
[Article]
SCO
[999] 16-Mar-2007 [Sealed] Declaration of Mark F. James. (Attachments: # (1) Exhibit 1-8, # (2) Exhibit 9, # (3) Exhibit 10, # (4) Exhibit 11) [Note redacted as [1005].] [Article] SCO
[1000] 16-Mar-2007 [Sealed] Declaration of Dr. Evan Ivie re [973] Order [Note corrected as [1003] by [1004].] [Article] SCO
[1001] 16-Mar-2007 [Sealed] Declaration of Marc Rochkind re [986] Motion for Reconsideration by the Magistrate Court of the Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence [Note corrected as [1006] by [1007].] [Article] SCO
[1002] 20-Mar-2007 Redaction to SCO's Memorandum [995] in Support of Its Objections to the Magistrate Court's Order [973] Denying SCO's Motion for Relief for IBM's Spoliation of Evidence. (Attachments: # (1) Appendix) [Article]
[Text]
SCO
[1003] 20-Mar-2007 Declaration of Dr. Evan Ivie re [986] Motion for Reconsideration by the Magistrate Court of the Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence Corrected [Referenced by [1000] [1004].] [Article]
[Text]
SCO
[1004] 20-Mar-2007 Notice of Corrected Filing, SCO Group re [1000] Sealed Document Declaration of Dr. Evan Ivie, correctly filed under docket entry [1003] [Article] SCO
[1005] 20-Mar-2007 Redaction to Declaration [999] of Mark F. James Regarding SCO's Objections to the Magistrate Court's Order [973] Denying SCO's Motion for Relief for IBM's Spoliation of Evidence. (Attachments: # (1) Exhibit) [Article] SCO
[1006] 20-Mar-2007 Declaration of Marc Rochkind re [986] Motion for Reconsideration by the Magistrate Court of the Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence Corrected. (Attachments: # (1) Exhibit A) [Referenced by [1001] [1007].] [Article] SCO
[1007] 20-Mar-2007 Notice of Corrected Filing re [1001] Sealed Document Declaration of Marc Rochkind, correctly filed under docket entry [1006] [Article] SCO
[1008] 21-Mar-2007 Modification of Docket: Docket entry [998], SCO's Sealed Reply Memorandum was entered by the clerk in the wrong case. Correction: Clerk has modified the docket text and entered this filing in SCO v. Novell, 2:04cv139, as docket [251]. [Article]
[Article]
Court
[1009] 21-Mar-2007 Redaction to SCO's Memorandum [990] in Support of Its Motion [986] for Reconsideration of the Order [973] Denying SCO's Motion for Relief for IBM's Spoliation of Evidence [Article]
[Text]
SCO
[1010] 21-Mar-2007 Redaction to Declaration [996] of Mark James Regarding SCO's Motion [986] for Reconsideration of the Order [973] Denying SCO's Motion for Relief for IBM's Spoliation of Evidence. (Attachments: # (1) Exhibit 1-9 [Exhibit 1 as Text]) [Article] SCO
[1011] 23-Mar-2007 Notice: It has come to the attention of the Clerk's Office that certain attachments to a Sealed Document filed in this case were inadvertently left unprotected during the Court's docketing process. Therefore, these sealed, confidential attachments were accessible for a short period of time to anyone who attempted to electronically access the contents of this docket entry, which clearly stated that it contained a Sealed Document. This notice serves as a reminder that, regardless of whether Sealed DocumentS are actually electronically protected from being accessed, all documents marked Confidential are subject to the Protective Order entered by the Court on September 16, 2003. [Article] Court
[1012] 23-Mar-2007 Notice from the Clerk's Office: From this day forward, sealed submission in this case will not be scanned for internal court use but will be maintained in the court's sealed room not to be accessed except by court personnel. [Article] Court
[1013] 28-Mar-2007 Motion for Extension of Time to Respond to SCO's Motion [986] for Reconsideration of the Order [973] Denying SCO's Motion Regarding Spoliation and to SCO's Objections Thereto. (Attachments: # (1) Text of Proposed Order) [Referenced by [1014].] [Text] IBM
[1014] 29-Mar-2007 Order granting [1013] Motion for Extension of Time. Oppositions due: 18-Apr-2007. [Article] Court
[1015] 29-Mar-2007 Stipulated Motion for Extension of Time for Extension of Deadlines. (Attachments: # (1) Text of Proposed Order) [Referenced by [1030].] [Article] IBM
[1016] 02-Apr-2007 Motion for Miscellaneous Relief, Motion to Deem a Prospective Third-Party Deposition in Related Litigation to be a Deposition Taken in This Case as Well. (Attachments: # (1) Text of Proposed Order)
[Referenced by [1017] [1019] [1023] [1028] [1038] [1057] [1069].]
SCO
[1017] 02-Apr-2007 Notice of Conventional Filing of SCO'S Memorandum [1016] in Support of its Motion to Deem a Prospective Third-Party Deposition in Related Litigation to be a Deposition Taken in This Case as Well [Referenced by [1018].] SCO
[1018] 02-Apr-2007 Redaction to [1017] Notice of Conventional Filing, SCO's Memorandum in Support of its Motion to Deem a Prospective Third-Party Deposition in Related Litigation to be a Deposition Taken in This Case as Well
(Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18 Part 1, # (19) Exhibit 18 Part 2, # (20) Exhibit 18 Part 3, # (21) Exhibit 19 Part 1, # (22) Exhibit 19 Part2, # (23) Exhibit 20, # (24) Exhibit 21, # (25) Exhibit 22, # (26) Exhibit 23, # (27) Exhibit A - C: Unpublished Cases)
[Article]
[Text]
SCO
[1019] 02-Apr-2007 [Sealed] Memorandum in Support re [1016] Motion to Deem a Prospective Third-Party Deposition in Related Litigation to be a Deposition Taken in This Case as Well [Referenced by [1020].] SCO
[1020] 02-Apr-2007 [Sealed] Exhibits 18-23 re [1019] SCO
[1021] 05-Apr-2007 Notice of Conventional Filing of SCO's Corrected Memorandum in Support of its Motion to Deem a Prospective Third-Party Deposition in Related Litigation to be a Deposition Taken in This Case as Well SCO
[1022] 06-Apr-2007 Redaction to SCO's Corrected Memorandum [1023] in Support of its Motion to Deem a Prospective Third-Party Deposition in Related Litigation to be a Deposition Taken in This Case as Well.
(Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7 [Sealed], # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10 [Sealed], # (11) Exhibit 11 [Sealed], # (12) Exhibit 12 [Sealed], # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18 Part 1, # (19) Exhibit 18 Part 2, # (20) Exhibit 18 Part 3, # (21) Exhibit 19 Part 1, # (22) Exhibit 19 Part 2, # (23) Exhibit 20, # (24) Exhibit 21, # (25) Exhibit 22, # (26) Exhibit 23, # (27) Exhibit A-C: Unpublished Cases)
SCO
[1023] 09-Apr-2007 [Sealed] Corrected Memorandum in Support re [1016] Motion to Deem a Prospective Third-Party Deposition in Related Litigation to be a Deposition Taken in This Case as Well [Referenced by [1022].] SCO
[1024] 10-Apr-2007 Motion for Admission Pro Hac Vice of David Boies. (Attachments: # (1) Exhibit A: Application for Admission, # (2) Exhibit B: ECF Registration, # (3) Text of Proposed Order) [Referenced by [1025].] [Article] SCO
[1025] 11-Apr-2007 Order granting [1024] Motion for Admission Pro Hac Vice of David Boies for SCO Group. Court
[1026] 13-Apr-2007 Stipulated Motion for Extension of Time to Repond to Requests for Admission. (Attachments: # (1) Text of Proposed Order) [Referenced by [1027].] IBM
[1027] 16-Apr-2007 Order granting [1026] Motion for Extension of Time to respond to outstanding requests for admission. Responses due: 25-May-2007. Court
[1028] 17-Apr-2007 Stipulated Motion for Extension of Time to File Response/Reply as to [1016] Motion to Deem a Prospective Third-Party Deposition in Related Litigation to be a Deposition Taken in This Case as Well, [995] Sealed Document, [986] Motion for Reconsideration by the Magistrate Court of the Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence. (Attachments: # (1) Text of Proposed Order) [Referenced by [1029].] IBM
[1029] 18-Apr-2007 Order granting [1028] Motion for Extension of Time to File Response/Reply re [986] Motion for Reconsideration by the Magistrate Court of the Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence. Replies due by 27-Apr-2007. Court
[1030] 20-Apr-2007 Order granting [1015] Motion for Extension of Time regarding scheduling order deadlines. Signed by Judge Brooke C. Wells on 19-Apr-2007. Court
[1031] 20-Apr-2007 Motion for Leave to File Sur-reply. (Attachments: # (1) Text of Proposed Order) [Referenced by [1032] [1033].] [Article] IBM
[1032] 20-Apr-2007 Memorandum in Opposition to Motion [1031] for Leave to File Sur-reply. [Article] SCO
[1033] 20-Apr-2007 Order granting [1031] IBM's Motion for Leave to File Sur-Reply. In addition, SCO may file a response to IBM's sur-reply memorandum within 14 days. [Article] Court
[1034] 20-Apr-2007 Reply to Response [994] to Motion [913] to Amend/Correct December 2005 Submission and re [899] SCO's Objection to the Magistrate Judge's Decision on IBM's Motion to Confine (Sur-reply Memorandum).
(Attachments: # (1) Exhibit Addendum A - Selected copyright principles [Text], # (2) Exhibit Addendum B (filed under seal), # (3) Exhibit Addendum C (filed under seal), # (4) Exhibit Addendum D - transcript of the April 14, 2006 hearing, # (5) Exhibit Addendum E - transcript of the motion hearing October 24, 2006, # (6) Exhibit Addendum F (unpublished opinions), # (7) Exhibit Addendum G (filed under seal))
[Referenced by [1035] [1036] [1037].]
[Text] IBM
[1035] 20-Apr-2007 [Sealed] Addendum B re [1034] Sur-reply Reply Memorandum/Reply to Response to Motion. IBM
[1036] 20-Apr-2007 [Sealed] Addendum C re [1034] Sur-reply Reply Memorandum/Reply to Response to Motion IBM
[1037] 20-Apr-2007 [Sealed] Addendum G re [1034] Sur-reply Reply Memorandum/Reply to Response to Motion. IBM
[1038] 27-Apr-2007 IBM's Memorandum in Opposition to SCO's Motion [1016] to Deem Third-Party Deposition in Related Litigation to be a Deposition Taken in This Case as Well (Addendum A, B, and C) [Article]
[Text]
[1039] 27-Apr-2007 Motion for Leave to File Excess Pages for Memorandum in Opposition to SCO's Motion for Reconsideration of the Order Denying SCO's Motion for Relief for IBM's Alleged Spoliation of Evidence. (Attachments: # (1) Text of Proposed Order) [Referenced by [1041].] [Article] IBM
[1040] 27-Apr-2007 Motion for Leave to File Excess Pages on Memorandum in Opposition to SCO's Objections to the Magistrate Judge's Order Denying SCO's Motion for Relief for IBM's Alleged Spoliation of Evidence. (Attachments: # (1) Text of Proposed Order) [Referenced by [1042].] [Article] IBM
[1041] 30-Apr-2007 Order granting Motion [1039] for Leave to File Excess Pages. [Article] Court
[1042] 30-Apr-2007 Order granting Motion [1040] for Leave to File Excess Pages. [Article] Court
[1043] 27-Apr-2007 [Sealed] Memorandum in Opposition re [986] Motion for Reconsideration by the Magistrate Court of the Order Denying SCO's Motion for Relief from IBM's Spoliation of Evidence. [Article] IBM
[1044] 27-Apr-2007 [Sealed] Memorandum in Opposition re [899] Objection to Magistrate Judge Decision to District Court. [Article] IBM
[1045] 02-May-2007 Stipulated Motion for Extension of Time to File Response/Reply to IBM's Sur-Reply Memorandum in Further Opposition to SCO's Objections to the Magistrate Judge's Order on IBM's Motion to Confine and SCO's Motion to Amend its December 2005 Submission. (Attachments: # (1) Text of Proposed Order) [Referenced by [1046].] [Article] SCO
[1046] 04-May-2007 Order granting [1045] Motion for Extension of Time to File Response/Reply. Replies due by 11-May-2007. Signed by Judge Dale A. Kimball on 03-May-2007. Court
[1047] 08-May-2007 Stipulated Motion for Extension of Time to File Response/Reply as to [986] Motion for Reconsideration by the Magistrate Court of the Order Denying SCO's Motion for Relief from IBM's Spoliation of Evidence. (Attachments: # (1) Text of Proposed Order) [Referenced by [1053] [1054].] SCO
[1048] 10-May-2007 Stipulated Motion for Extension of Time for Extension of Deadlines. (Attachments: # (1) Text of Proposed Order)
[Referenced by [1049] [1052] [1054].]
[Article] SCO
[1049] 11-May-2007 Disregard. Order granting [1048] Motion for Extension of Time. Signed by Judge Dale A. Kimball on 09-May-2007. (blk) Modified on 11-May-2007 See Entry [1052] for correct order on motion [Referenced by [1054].] [Article] Court
[1050] 11-May-2007 Stipulated Motion for Extension of Time to File Response/Reply. (Attachments: # (1) Proposed Order [PDF]) [Referenced by [1051] [1057].] [Article] SCO
[1051] 11-May-2007 Disregard- Wrong Order Entered for this Motion is not Ruled on yet. Order granting [1050] Motion for Extension of Time to File Response/Reply Replies due by 18-May-2007. Signed by Judge Dale A. Kimball on 11-May-2007. Modified on 11-May-2007 [Referenced by [1054].] [Article] Court
[1052] 11-May-2007 Order granting [1048] Motion for Extension of Time. Rule 26(a)(3) Disclosures due 13-Jun-2007. Exchange of Jury Instructions due 27-Jun-2007. Motions in Limine due 09-Jul-2007. Signed by Judge Dale A. Kimball on 11-May-2007. [Referenced by [1049] [1054].] [Article] Court
[1053] 11-May-2007 Order granting [1047] Motion for Extension of Time to File Response/Reply re [986] Motion for Reconsideration by the Magistrate Court of the Order Denying SCO's Motion for Relief from IBM's Spoliation of Evidence. Replies due by 18-May-2007. [Referenced by [1054].] [Article] Court
[1054] 11-May-2007 Modification of Docket: Error: Clerk initially docketed orders on wrong motions. Correction: Clerk has corrected this and re-entered the orders with the correct motions. They have been sent out to all counsel as usual.
re [1051] Order on Motion for Extension of Time to File Response/Reply,
[1053] Order on Motion for Extension of Time to File Response/Reply,
[1049] Order on Motion for Extension of Time,
[1048] Stipulated Motion for Extension of Time for Extension of Deadlines,
[1052] Order on Motion for Extension of Time,
[1047] Stipulated Motion for Extension of Time to File Response/Reply as to [986] Motion for Reconsideration by the Magistrate Court of the Order Denying SCO's Motion for Relief from IBM's Spoliation of Evidence.
[Article] Court
[1055] 11-May-2007 Reply Memorandum/Reply to Response to Motion re [913] Motion to Amend/Correct December 2005 Submission (SCO's Sur-Surreply Memorandum). (Attachments: # (1) Exhibit A-B) [Text]
[Article]
SCO
[1056] 11-May-2007 Reply Memorandum/Reply to Response to Motion re [917] Plaintiff's Motion for Leave to File Over length Memorandum in support of its Objections to the Magistrate Judge's Order on IBM's Motion to Confine No correct entry to link to: SCO's Sur-surreply re: Docket Entry [921] - Memorandum in support re [899] Objection to Magistrate Judge Decision [906] on IBM's Motion [695] to Confine. [Article]
[Article]
[Text]
SCO
[1057] 15-May-2007 Order granting [1050] Motion for Extension of Time to File Response/Reply re: Objections to Magistrate Decision; [986] Motion for Reconsideration by the Magistrate Court of the Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence; [1016] Motion to Deem a Prospective Third-Party Deposition in Related Litigation to be a Deposition Taken in This Case as Well. Replies due by 25-May-2007. Signed by Judge Dale A. Kimball on 14-May-2007. [Article] Court
[1058] 25-May-2007 Stipulated Motion for Extension of Time of Deadlines. (Attachments: # 1 Text of Proposed Order) [Referenced by [1065].] [Article] IBM
[1059] 25-May-2007 Notice of Conventional Filing [Article] SCO
[1060] 25-May-2007 Motion for Leave to File Excess Pages. (Attachments: # 1 Proposed Order) [Referenced by [1063].] [Article] SCO
[1061] 25-May-2007 Motion for Leave to File Excess Pages. (Attachments: # 1 Proposed Order) [Referenced by [1064].] [Article] SCO
[1062] 25-May-2007 [Sealed] Reply Memorandum in Further Support of [986] Motion for Reconsideration by the Magistrate Court of the Order [973] Denying SCO's Motion for Relief from IBM's Spoliation of Evidence. [Article] SCO
[1063] 29-May-2007 Order granting [1060] Motion for Leave to File Excess Pages. [Article] Court
[1064] 29-May-2007 Order granting [1061] Motion for Leave to File Excess Pages. [Article] Court
[1065] 29-May-2007 Order granting [1058] Motion for Extension of Time [Referenced by [1072].] Court
[1066] 25-May-2007 [Sealed] Reply Memorandum In Further Support of Objections to the Mag Judges Order Denying Motion for Relief for IBMs Spoilation of Evidence. Note: No document attached. Modified on 30-May-2007: added info re: document retention SCO
[1067] 13-Jun-2007 Notice of Filing of Certificate of Service of SCO's Objections and Responses to IBM's Requests for Admissions Sets 2-12. [Article] SCO
[1068] 13-Jun-2007 Certificate of Service of Responses to Requests for Admission [Article] IBM
[1069] 15-Jun-2007 Reply Memorandum/Reply to Response to Motion [1016] to Deem a Prospective Third-Party Deposition in Related Litigation to be a Deposition Taken in This Case as Well. [Article] SCO
[1070] 18-Jun-2007 Disregard this entry. Wrong case number was placed on document. This will be filed in case number 2:04cv139. [Sealed] Exhibits to SCO's Memorandum in Opposition to Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of its Summary Judgment Oppsitions Filed May 18, 2007 Incorporating by Reference Novell's Evidentiary Objections to SCO's Summary Judgment Exhibits. No attachment. Additional attachment(s) added on 19-Jun-2007 - cover sheet of document. [Referenced by [1071].] [Article]
[Article]
SCO
[1071] 19-Jun-2007 Modification of Docket: Document [1070] was entered on this case because it is the case number put on the pleading by counsel. The clerk has been informed that the case number is incorrect. Counsel are advised to review pleadings before filing them to ensure that the case information is correct, as the clerk will docket it on the case number given on the document. re [1070] Sealed Document. The Clerk will docket this document on case number 2:04cv139. [Article]
[Article]
Court
[1072] 13-Jul-2007 Motion for Extension of Time of Deadlines in May 29, 2007 Order [1065]. (Attachments: # (1) Text of Proposed Order) [Referenced by [1073] [1074].] [Text]
[Article]
IBM
[1073] 16-Jul-2007 Memorandum in Opposition to IBM's Motion [1072] for Extension of Deadlines in May 29, 2007 Order [Article] SCO
[1074] 16-Jul-2007 Order Granting [1072] re Extension of Deadlines [Text] Court
[1075] 26-Jul-2007 Stipulation re Extension of Deadlines (Text of Proposed Order) [Referenced by [1076].] [Text] SCO
[1076] 30-Jul-2007 Order granting [1075] Motion for Extension of Deadlines. Signed by Judge Dale A. Kimball on 27-Jul-2007. Court
[1077] 10-Aug-2007 Notice of Decision and Request for Status Update. [PJ Note: the decision is order [377] on Partial Summary Judgments in SCO vs Novell] [Referenced by [1078].] [Article] Court
[1078] 31-Aug-2007 Response (NOT to motion) re [1077] Order. [Text] IBM
[1079] 31-Aug-2007 Status Report in Compliance with the Court's Notice of Decision and Request for Status Update Dated August 10, 2007. [Text] SCO
[1080] 14-Sep-2007 Notice of Filing for Bankruptcy [Article] SCO
[1081] 20-Sep-2007 Order Administratively Closing this Case. Case may be reopened upon motion of pla(s) or dft(s). Judge Brooke C. Wells no longer assigned to case. Signed by Judge Dale A. Kimball on 20-Sep-2007. Entered: 21-Sep-2007 [Article] Court
[1082] 30-Jun-2009 Motion to Amend/Correct [38] Protective Order. (Attachments: # (1) Text of Proposed Order, # (2) Exhibit 1, # (3) Exhibit 2) [Referenced by [1083] [1085].] [Article] SCO
[1083] 21-Jul-2009 [Sealed] IBM'S Memorandum in Opposition re [1082] Motion to Amend/Correct [38] Protective Order. IBM
[1084] 21-Aug-2009 Documents Lodged consisting of a Letter from Defense Counsel re: SCO's Motion for Modification of the Stipulated Protective Order. (las) [Letter dated 22-Jul-2009] IBM
[1085] 21-Aug-2009 Order denying [1082] Motion to Amend/Correct the Stipulated Protective Order. Signed by Judge Dale A. Kimball on 21-Aug-2009. (jwt) (Entered: 24-Aug-2009) Court
[1086] 24-Aug-2009 Order of Recusal Judge Dale A. Kimball recused. Case reassigned to Judge Tena Campbell for all further proceedings. Signed by Judge Dale A. Kimball on 24-Aug-2009. [Article]
[Article]
Court
[1087] 10-Dec-2009 Ex Parte (Not Sealed) Motion to Withdraw as Attorney [For Dorsey & Whitney attorney John J. Brogan] filed by Plaintiff SCO Group. (Attachments: # (1) Text of Proposed Order) (Hatch, Brent) [Referenced by [1088].] SCO
[1088] 14-Dec-2009 Order granting [1087] Motion to Withdraw as Attorney. Attorney John J. Brogan withdrawn from case for SCO Group. Signed by Judge Tena Campbell on 12-Dec-2009 (alt) Court
[1089] 30-Jul-2010 Motion for Hearing re Status Conference filed by Plaintiff SCO Group. (Normand, Edward) [Referenced by [1091] [1093].] [Text] SCO
[1090] 05-Aug-2010 Notice of Hearing: (Notice generated by Mary Jane McNamee) Status Conference set for 11-Aug-2010 at 3:00 PM in Room 230 before Judge Tena Campbell. (mjm) [Article] Court
[1091] 10-Aug-2010 Memorandum in Opposition re [1089] Motion for Hearing re Status Conference filed by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (Shaughnessy, Todd) [Text] IBM
[1092] 12-Aug-2010 Minute Entry for proceedings held before Judge Tena Campbell: Status Conference held on 12-Aug-2010. Mr. Normand states there are 12 pending motions, but requests defendant's motion for summary judgment (docket [782]) be decided first. The court hears from Mr. Marriott who believes motions should be decided as a whole. The court takes this matter under advisement. Attorney for Plaintiff: Brent Hatch, Esq; Ted Normand, Esq., Attorney for Defendant: Todd Shaughnessy, Esq; David R. Marriott, Esq. Court Reporter: Ray Fenlon. (tab) [Groklaw's Reports from the Hearing.] [Article] Court
[1093] 10-Sep-2010 Order: court declines to re-open the case and resolve any motions - when the 10CCA has issued its decision in the Novell litigation (No. 10-4122), either party may move the court to re-open the case. Signed by Judge Tena Campbell on 10-Sep-2010 (alt) [ See [1089].] [Text] Court
[1094] 27-Jul-2011 NOTICE OF WITHDRAWAL OF COUNSEL of Todd M. Shaughnessy on behalf of International Business Machines Corporation (Shaughnessy, Todd) (Entered: 27-Jul-2011) IBM
[1095] 04-Nov-2011 MOTION to Reopen Case filed by Plaintiff SCO Group. (Hatch, Brent) (Entered: 04-Nov-2011)
[Referenced by [1096] [1097] [1098] [1100] [1101] [1102] [1105] [1107] [1108] [1109] [1115].]
[Article] SCO
[1096] 04-Nov-2011 NOTICE OF CONVENTIONAL FILING of The SCO Group, Inc.'s Memorandum in Support of Its Motion to Reopen the Case filed by Plaintiff SCO Group re [1095] MOTION to Reopen Case (Hatch, Brent) (Entered: 04-Nov-2011) SCO
[1097] 04-Nov-2011 MEMORANDUM in Support re [1095] MOTION to Reopen Case REDACTED filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A - Filed Under Seal)(Hatch, Brent) (Entered: 04-Nov-2011) [Article] SCO
[1098] 04-Nov-2011 **SEALED DOCUMENT** SEALED MEMORANDUM IN SUPPORT OF [1095] MOTION to Reopen Case filed by Plaintiff SCO Group (Attachments: # 1 Exhibit A) (alt) (Entered: 07-Nov-2011) SCO
[1099] 09-Nov-2011 ORDER OF RECUSAL: Judge Tena Campbell recused. Case reassigned to Judge Clark Waddoups for all further proceedings. Case number is now 2:03cv00294 CW. Signed by Judge Tena Campbell on 08-Nov-2011 (alt) (Entered: 10-Nov-2011) [Article] Court
[1100] 21-Nov-2011 Defendant's MEMORANDUM in Opposition re [1095] MOTION to Reopen Case filed by Defendant International Business Machines Corporation. (Sorenson, Amy) (Entered: 21-Nov-2011) [Article] IBM
[1101] 28-Nov-2011 NOTICE OF HEARING ON MOTION re: [1095] MOTION to Reopen Case : (Notice generated by jwt) Motion Hearing set for 18-Apr-2012 03:30 PM in Room 102 before Judge Clark Waddoups. (jwt) (Entered: 28-Nov-2011) [Article] Court
[1102] 08-Dec-2011 REPLY to Response to Motion re [1095] MOTION to Reopen Case filed by Plaintiff SCO Group. (Hatch, Brent) (Entered: 08-Dec-2011) [Article] SCO
[1103] 09-Dec-2011 ORDER OF RECUSAL-Judge Clark Waddoups recused. Case reassigned to Judge David Sam for all further proceedings. Signed by Judge Clark Waddoups on 09-Dec-2011. (jmr) (Entered: 09-Dec-2011) [Article] Court
[1104] 14-Dec-2011 ORDER OF RECUSAL Judge David Sam recused. Case reassigned to Judge Dee Benson for all further proceedings. Signed by Judge David Sam on 13-Dec-2011. (jmr) (Entered: 14-Dec-2011) [Article] Court
[1105] 07-Feb-2012 ***AMENDED*** NEW DATE AND TIME NOTICE OF HEARING ON MOTION re: [1095] MOTION to Reopen Case : Motion Hearing set for 23-Apr-2012 02:30 PM in Room 246 before Judge Dee Benson. (reb) (Entered: 07-Feb-2012) [Article] Court
[1106] 31-Mar-2012 REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge David Nuffer (DJ). Judge Dee Benson no longer assigned to the case. Case number will now read 2:03-cv-00294-DN. Please make changes to document captions accordingly. (asp) (Entered: 31-Mar-2012) [Article] Court
[--] 02-Apr-2012 NOTICE VACATING MOTION REOPEN CASE HEARING set for 23-Apr-2012 at 2:30 p.m. before Judge David Nuffer (moved from Judge Benson's calendar after reassignment) (asb) (Entered: 02-Apr-2012) [Article] Court
[--] 02-Apr-2012 Deadlines/Hearings terminated. (asb) (Entered: 02-Apr-2012) [Article] Court
[1107] 14-Jun-2012 REQUEST to Submit for Decision re [1095] MOTION to Reopen Case filed by Plaintiff SCO Group. (Attachments: # (1) Exhibit A - TSG Order Granting IBM Stay Modification)(Hatch, Brent) (Entered: 14-Jun-2012) [Text] TSG Group
[1108] 25-Mar-2013 MOTION for Hearing re [1095] MOTION to Reopen Case filed by Plaintiff SCO Group. (Hatch, Brent) [Referenced by [1109].] [Text] SCO
[1109] 24-Apr-2013 MEMORANDUM DECISION AND ORDER denying [1095] Motion to Reopen Case; denying [1108] Motion for Hearing. Signed by Judge David Nuffer on 22-Apr-2013 (alt)
[Referenced by [1110] [1111] [1112] [1114] [1115].]
[Text] Court
[1110] 07-May-2013 MOTION for Reconsideration of the Court's Order Denying Motion to Reopen the Case re [1109] Order on Motion to Reopen Case, Order on Motion for Hearing, Memorandum Decision and Memorandum in Support filed by Plaintiff SCO Group, Counter Defendant SCO Group. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Hatch, Brent)
[Referenced by [1111] [1112] [1114] [1115].]
[Article] SCO
[1111] 24-May-2013 RESPONSE to Motion re [1110] MOTION for Reconsideration of the Court's Order Denying Motion to Reopen the Case re [1109] Order on Motion to Reopen Case, Order on Motion for Hearing, Memorandum Decision filed by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (Attachments: # (1) Exhibit A - IBM's Memorandum Responding to SCO's Request to Reopen)(Sorenson, Amy) [Text] IBM
[1112] 10-Jun-2013 RE-FILED AS [1114] REPLY - REPLY to Response to Motion re [1110] MOTION for Reconsideration of the Court's Order Denying Motion to Reopen the Case re [1109] Order on Motion to Reopen Case, Order on Motion for Hearing, Memorandum Decision filed by Plaintiff SCO Group. (Hatch, Brent) Modified on 10-Jun-2013 by adding error text per call from counsel. They will re-file the correct reply (jlw). Modified on 12-Jun-2013 (alt) [Referenced by [1113].] SCO
[1113] 10-Jun-2013 Modification of Docket: Please disregard document [1112] . The correct document will be filed. (jlw) SCO
[1114] 10-Jun-2013 REPLY to Response to Motion re [1110] MOTION for Reconsideration of the Court's Order Denying Motion to Reopen the Case re [1109] Order on Motion to Reopen Case, Order on Motion for Hearing, Memorandum Decision filed by Plaintiff SCO Group. (Hatch, Brent) [Referenced by [1112].] [Text] SCO
[1115] 14-Jun-2013 ORDER granting [1110] Motion to Reconsider [1109] the court's order denying the [1095] motion to reopen this case. The motion to reconsider is granted, the motion to reopen is granted and the parties are directed to make submissions as stated in the order. (DN) [Referenced by [1119].] [Text] Court
[1116] 17-Jun-2013 NOTICE of Appearance by Amber M. Mettler on behalf of International Business Machines Corporation (Mettler, Amber) IBM
[1117] 21-Jun-2013 MOTION for Admission Pro Hac Vice of Owen J.M. Roth , Registration fee $ 15, receipt number 1088-1856314, filed by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (Attachments: # (1) Exhibit A - Application for Admission Pro Hac Vice, # (2) Exhibit B - Electronic Case Filing Form, # (3) Text of Proposed Order)(Mettler, Amber) [Referenced by [1118].] IBM
[1118] 24-Jun-2013 DOCKET TEXT ORDER granting [1117] Motion for Admission Pro Hac Vice of Owen J.M. Roth for International Business Machines Corporation.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov
So ordered by Judge David Nuffer on 24-Jun-2013 (alt)
Court
[1119] 24-Jun-2013 NOTICE OF FILING of The SCO Group, Inc.'s Statement in Compliance with the Court's Order Reopening the Case re [1115] Order on Motion for Miscellaneous Relief, filed by Plaintiff SCO Group. (Attachments: # (1) Exhibit A - Proposed Judgment Dismissing SCO's Claims Mooted by the Final Judgment in SCO v. Novell)(Hatch, Brent) [Referenced by [1120].] [Article] SCO
[1120] 28-Jun-2013 RESPONSE re [1119] Notice of Filing,, filed by International Business Machines Corporation. (Attachments: # (1) Exhibit A - Proposed Judgment (Clean), # (2) Exhibit B - Proposed Judgment (Blackline), # (3) Exhibit C - Delaware Dkt. No. 1291, # (4) Exhibit D - Delaware Dkt. No. 1439)(Sorenson, Amy) [Referenced by [1121] [1122].] [Text] IBM
[1121] 01-Jul-2013 DOCKET TEXT ORDER re [1120] Response (NOT to motion), filed by International Business Machines Corporation No attached document. SCO is directed to file a response to IBM's Objections to SCO's Proposed Partial Judgment by Monday July 8, 2013 at 5:00 p.m. Signed by Judge David Nuffer on 01-Jul-2013. (mh) Court
[1122] 08-Jul-2013 RESPONSE re [1120] Response (NOT to motion),,re IBM's Objections to SCO's Proposed Partial Judgment filed by SCO Group. (Attachments: # (1) Exhibit A - Updated Judgment Form, # (2) Exhibit B - Updated Judgment Form (Blackline Version))(Hatch, Brent) [Text] SCO
[1123] 10-Jul-2013 PARTIAL JUDGMENT dismissing certain claims with prejudice. Signed by Judge David Nuffer on 10-Jul-2013 (alt) [Article] Court
[1124] 11-Jul-2013 Stipulated MOTION for Extension of Time For Defendant/Counterclaim-Plaintiff IBM to File a Motion for Summary Judgment filed by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (Attachments: # (1) Text of Proposed Order)(Sorenson, Amy) [Referenced by [1125].] [Article] IBM
[1125] 12-Jul-2013 ORDER granting [1124] Motion for Extension of Time: IBM shall have until 22-Jul-2013 to file a motion for summary judgment. Signed by Judge David Nuffer on 12-Jul-2013 (alt) [Article] Court
[1126] 22-Jul-2013 MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (Sorenson, Amy)
[Referenced by [1127] [1128] [1129] [1130] [1131] [1132].]
[Text] IBM
[1127] 22-Jul-2013 AFFIDAVIT/DECLARATION of Amy F. Sorenson in Support re [1126] MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (Sorenson, Amy) [Article] IBM
[1128] 20-Aug-2013 Stipulated MOTION for Extension of Time to File Response/Reply as to [1126] MOTION for Partial Summary Judgment filed by Plaintiff SCO Group, Counter Defendant SCO Group. (Attachments: # 1 Text of Proposed Order)(Hatch, Brent) (Entered: 20-Aug-2013) [Referenced by [1129].]   SCO, IBM
[1129] 21-Aug-2013 ORDER granting [1128] Motion for Extension of Time to File Response/Reply re [1126] MOTION for Partial Summary Judgment: Response due by 29-Aug-2013. Signed by Judge David Nuffer on 21-Aug-2013 (alt) (Entered: 21-Aug-2013)   Court
[1130] 29-Aug-2013 MEMORANDUM in Opposition re [1126] MOTION for Partial Summary Judgment filed by Plaintiff SCO Group. (Hatch, Brent) (Entered: 29-Aug-2013)   SCO
[1131] 16-Sep-2013 REPLY to Response to Motion re [1126] MOTION for Partial Summary Judgment filed by Defendant International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order Granting IBMs Motion for Partial Summary Judgment on the Basis of the Novell Judgment)(Sorenson, Amy) (Entered: 16-Sep-2013)   IBM
[1132] 15-Dec-2014 MEMORANDUM DECISION AND ORDER granting in part and denying in part [1126] Motion for Partial Summary Judgment. Signed by Judge David Nuffer on 15-Dec-2014 (alt) (Entered: 15-Dec-2014)   Court
[1133] 02-Mar-2015 DOCKET TEXT ORDER No attached document. Court orders the parties file a joint status report by Noon, Friday, March 13, 2015. Signed by Judge David Nuffer on 02-Mar-2015. (asb) (Entered: 02-Mar-2015)   Court
[1134] 13-Mar-2015 STATUS REPORT (Joint) by SCO Group, SCO Group. (Hatch, Brent) (Entered: 13-Mar-2015) [Referenced by [1136].]   SCO, IBM
[1135] 13-Apr-2015 NOTICE OF HEARING: Status Conference set for Thursday, 11-Jun-2015 at 02:30 PM in Rm 3.100 before Judge David Nuffer. (asb) (Entered: 13-Apr-2015)   Court
[1136] 15-Apr-2015 DOCKET TEXT ORDER No attached document
In their [1134] joint status report, the parties requested the opportunity to apprise the court of relevant case law decided since the pending motions were filed. The movant may file no more than five pages of additional authority on each of its pending motions on or before May 22, 2015, and the non-movant may respond (in no more than five pages as to each motion) on or before June 5, 2015.
According to [1134], SCO is the movant in [782], [783], and [986], and IBM is the movant in [775] and [776].
Signed by Judge David Nuffer on 15-Apr-2015. (mec) (Entered: 15-Apr-2015)
[Referenced by [1142].]
  Court
[1137] 22-May-2015 MEMORANDUM in Support re [776] MOTION for Summary Judgment on IBM's Second, Third, Fourth, and Fifth Counterclaims filed by Plaintiff SCO Group, Counter Defendant SCO Group. (Hatch, Brent) (Entered: 22-May-2015) [Referenced by [1141].]   SCO
[1138] 22-May-2015 MEMORANDUM in Support re [777] MOTION for Summary Judgment on IBM's Sixth, Seventh, and Eighth Counterclaims filed by Plaintiff SCO Group, Counter Defendant SCO Group. (Hatch, Brent) (Entered: 22-May-2015)   SCO
[1139] 22-May-2015 MEMORANDUM in Support re [986] MOTION FOR RECONSIDERATION BY THE MAGISTRATE COURT OF THE ORDER DENYING SCOS MOTION FOR RELIEF FROM IBMS SPOLIATION OF EVIDENCE filed by Plaintiff SCO Group, Counter Defendant SCO Group. (Hatch, Brent) (Entered: 22-May-2015)   SCO
[1140] 22-May-2015 MEMORANDUM in Support re [782] MOTION for Summary Judgment on SCO's Unfair Competition Claim, [783] MOTION for Summary Judgment on SCO's Interference Claims filed by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (Sorenson, Amy) (Entered: 22-May-2015)   IBM
[1141] 27-May-2015 ERRATA to [1137] Memorandum in Support of Motion filed by Plaintiff SCO Group, Counter Defendant SCO Group Corrected. (Hatch, Brent) (Entered: 27-May-2015)   SCO
[1142] 28-May-2015 DOCKET TEXT ORDER No attached document
[1136] Docket Text Order incorrectly listed pending motions as follows: SCO was listed as the movant in [782], [783], and [986], while IBM was listed as the movant in [775] and [776] .
The corrected listing of pending motions is as follows: SCO is the movant in [776], [777], and [986]; IBM is the movant in [782], [783], and [784].
[1136] Docket Text Order granted the parties' request to apprise the court of relevant case law decided since the pending motions were filed. With the corrected addition of [784] to the list of pending motions, IBM may file no more than five pages of additional authority in support of [784] on or before Wednesday, June 3, 2015, and SCO may respond (in no more than five pages) on or before Monday, June 8, 2015. However, this supplemental briefing on [784] is limited to authority not already provided in the supplemental briefing on [777], also regarding IBM's eighth counterclaim.
Signed by Judge David Nuffer on 15-Apr-2015. (mec)
(Entered: 28-May-2015)
  Court
[1143] 03-Jun-2015 MEMORANDUM in Support re [784] MOTION for Summary Judgment on IBM's Eighth Counterclaim filed by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (Sorenson, Amy) (Entered: 03-Jun-2015)   IBM
[1144] 05-Jun-2015 RESPONSE to Motion re [782] MOTION for Summary Judgment on SCO's Unfair Competition Claim, [783] MOTION for Summary Judgment on SCO's Interference Claims filed by Plaintiff SCO Group. (Hatch, Brent) (Entered: 05-Jun-2015)   SCO
[1145] 05-Jun-2015 RESPONSE to Motion re [776] MOTION for Summary Judgment on IBM's Second, Third, Fourth, and Fifth Counterclaims filed by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (Sorenson, Amy) (Entered: 05-Jun-2015)   IBM
[1146] 05-Jun-2015 RESPONSE to Motion re [777] MOTION for Summary Judgment on IBM's Sixth, Seventh, and Eighth Counterclaims filed by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (Sorenson, Amy) (Entered: 05-Jun-2015)   IBM
[1147] 05-Jun-2015 RESPONSE to Motion re [986] MOTION FOR RECONSIDERATION BY THE MAGISTRATE COURT OF THE ORDER DENYING SCOS MOTION FOR RELIEF FROM IBMS SPOLIATION OF EVIDENCE filed by Defendant International Business Machines Corporation, Counter Claimant International Business Machines Corporation. (Sorenson, Amy) (Entered: 05-Jun-2015)   IBM
[1148] 08-Jun-2015 RESPONSE to Motion re [784] MOTION for Summary Judgment on IBM's Eighth Counterclaim filed by Plaintiff SCO Group, Counter Defendant SCO Group. (Hatch, Brent) (Entered: 08-Jun-2015)   SCO
[1149] 11-Jun-2015 DOCKET TEXT ORDER No attached document
The parties shall exchange offers to settle the case by 4: 00 p.m. on 22-Jun-2015. The parties shall file notice by 4:00 p.m on 22-Jun-2015 (a) of their agreement on the magistrate judge to whom mediation should be referred or (b) that no agreement has been reached. If no agreement is reached, a magistrate judge will be appointed.
By 22-Jun-2015 the parties shall submit to [Judge Nuffer's email address] electronic versions of their slide decks used in (a) the status conference held on 11-Jun-2015 and (b) the 2007 oral argument related to motion [782] .
Signed by Judge David Nuffer on 11-Jun-2015. (mec)
(Entered: 11-Jun-2015) [Referenced by [1153].]
  Court
[1150] 11-Jun-2015 Minute Order. Proceedings held before Judge David Nuffer:
Counsel present for parties. Mr. Marriott provided a chart of what is currently before the court and the relationships of those items. Court found the motion to reconsider [986] moot based on the discussion with counsel that SCO relies on its objection [995] . Court instructed counsel that its review of the magistrates ruling underlying the objections [995] will be on the existing record and not on any new record.
Mr. Singer gave a narrative on the SCO v. Novell case. Mr. Marriott responded. Counsel gave brief educational and factual background summaries on the unresolved claims and motions in this case. Sequence of motions [776] , [777] , [782], [783], and [784] discussed. [782] and [783] will be resolved first. Court suggested that counsel might attempt to reconcile the facts on motions [782] and [783]. Counsel agreed to do so. Counsel were ordered to reconcile facts on the [782] motion within 30 days. Thereafter, the process will be evaluated before proceeding with [783].
Mediation possibilities discussed and with whom it should be held. SCO prefers a magistrate judge to conduct the mediation. IBM prefers parties manage settlement on their own, then if ineffective, then involve a mediator as they select. Discussion heard. Court took the matter under advisement.
Court adjourned.
Status Conference held on 11-Jun-2015, Motion Hearing held on 11-Jun-2015 re [776] MOTION for Summary Judgment on IBM's Second, Third, Fourth, and Fifth Counterclaims filed by SCO Group, [782] MOTION for Summary Judgment on SCO's Unfair Competition Claim filed by International Business Machines Corporation, [986] MOTION FOR RECONSIDERATION BY THE MAGISTRATE COURT OF THE ORDER DENYING SCOS MOTION FOR RELIEF FROM IBMS SPOLIATION OF EVIDENCE filed by SCO Group, [784] MOTION for Summary Judgment on IBM's Eighth Counterclaim filed by International Business Machines Corporation, [777] MOTION for Summary Judgment on IBM's Sixth, Seventh, and Eighth Counterclaims filed by SCO Group, [783] MOTION for Summary Judgment on SCO's Interference Claims filed by International Business Machines Corporation. Attorney for Plaintiff: Brent Hatch, Stuart Singer, Edward Normand, Jason Cyrulnik, Attorney for Defendant David Marriott, Amy Sorenson, Amber Mettler. (asb) (Entered: 12-Jun-2015)
  Court
[1151] 16-Jun-2015 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on June 11, 2015, before Judge David Nuffer. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, RMR.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 07-Jul-2015. Redacted Transcript Deadline set for 17-Jul-2015. Release of Transcript Restriction set for 14-Sep-2015 (alt) (Entered: 16-Jun-2015)
  Court
[1153] 22-Jun-2015 NOTICE of Parties' Agreement on Appointment of Magistrate for Mediation by International Business Machines Corporation re [1149] Order,, (Sorenson, Amy) (Entered: 22-Jun-2015)   SCO, IBM
[1154] 23-Jun-2015 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul M. Warner under 28:636 (b)(1) for Settlement. So ordered by Judge David Nuffer on 23-Jun-2015 (docket text only - no attached document) (alt) (Entered: 23-Jun-2015)   Court
[1155] 07-Jul-2015 ORDER re Settlement Conference Referral. Signed by Magistrate Judge Paul M. Warner on 07-Jul-2015 (alt) (Entered: 07-Jul-2015)   Court
[1156] 14-Jul-2015 DOCUMENTS LODGED consisting of a letter from IBM's counsel requesting additional time to reconcile facts for [782] Motion. (mec) (Entered: 14-Jul-2015) [Referenced by [1157].]   IBM
[1157] 14-Jul-2015 DOCKET TEXT ORDER taking under advisement [782] Motion for Summary Judgment.
On 13-Jul-2015, counsel for IBM submitted [1156] letter regarding the Court's 1150 order to reconcile the facts on [782] IBM's Motion for Summary Judgment. Counsel have failed to reach an agreement on the facts by the original deadline and request an additional week to reconcile the facts or file notice of their failure to do so.
On or before Monday, 20-Jul-2015, counsel shall electronically file its reconciled and disputed facts, as described below, and email a word processing copy to [Judge's email address]. A notice of failure is insufficient.
Counsel's submission shall contain the following: (1) a set of numbered, undisputed facts, with citations to evidence, as required by DUCivR 56-1(b)(2), (2) any remaining disputed facts from IBM's [782] motion, and (3) any remaining disputed additional facts from SCO's opposition brief. Under each fact still in dispute, counsel shall include the opponent's response and the proponent's reply, if any, including citations to evidence, as required by DUCivR 56-1(c)(2).
Signed by Judge David Nuffer on 14-Jul-2015. No attached document. (mec) (Entered: 14-Jul-2015) [Referenced by [1158].]
  Court
[1158] 20-Jul-2015 NOTICE OF FILING of SCO STATEMENT OF RECONCILED AND DISPUTED FACTS AS TO IBM'S MOTION FOR SUMMARY JUDGMENT ON SCOS UNFAIR COMPETITION CLAIM (SCOS SIXTH CAUSE OF ACTION) re [1157] Order on Motion for Summary Judgment,,,,, [782] MOTION for Summary Judgment on SCO's Unfair Competition Claim filed by Plaintiff SCO Group. (Attachments: # 1 Supplement Letter from J. Cyrulnik to Hon. D. Nuffer)(Hatch, Brent) (Entered: 20-Jul-2015)   SCO
[1159] 05-Feb-2016 ORDER granting [782] Motion for Partial Summary Judgment in IBM's favor on SCO's unfair competition claim (SCO's Sixth Cause of Action). Signed by Judge David Nuffer on 05-Feb-2016 (alt) (Entered: 05-Feb-2016)   Court
[1160] 08-Feb-2016 ORDER granting [783] Motion for Summary Judgment on SCO's Tortious Interference Claims (SCOs Seventh and Ninth Causes of Action). Signed by Judge David Nuffer on 08-Feb-2016 (alt) (Entered: 08-Feb-2016)   Court
[1161] 09-Feb-2016 ORDER for Briefing on Rule 54(b) Certification. Signed by Judge David Nuffer on 08-Feb-2016 (alt) (Entered: 09-Feb-2016)   Court
[1162] 26-Feb-2016 Joint MOTION for Judgment under Rule 54(b) and Memorandum in Support filed by Plaintiff SCO Group. (Attachments: #1 Text of Proposed Order Proposed Judgment Pursuant to Fed. R. Civ. P. 54(b)) (Hatch, Brent) (Entered: 26-Feb-2016) [Referenced by [1163].]   SCO,IBM
[1163] 01-Mar-2016 ORDER granting [1162] Motion for Certification under Rule 54(b). Signed by Judge David Nuffer on 29-Feb-2016 (alt) (Entered: 01-Mar-2016)   Court
[1164] 01-Mar-2016 CLERK'S JUDGMENT that pursuant to the orders of the court entered on 10-Jul-2013, 05-Feb-2016, and 08-Feb-2016, judgment is entered in favor of the defendant and plaintiff's causes of action are dismissed with prejudice. Signed by ALT, Deputy Clerk (alt) (Entered: 01-Mar-2016) [Referenced by [1165].]   Court
  01-Mar-2016 Case stayed per [1163] Order(alt) (Entered: 01-Mar-2016)   Court
[1165] 29-Mar-2016 NOTICE OF APPEAL as to [1164] Clerk's Judgment, filed by SCO Group, SCO Group. Appeals to the USCA for the 10th Circuit. Filing fee $505, receipt number 1088-2466784. (Normand, Edward) (Entered: 29-Mar-2016) [Referenced by [1166] [1167].]   SCO
[1166] 29-Mar-2016 Transmission of Preliminary Record to USCA re [1165]Notice of Appeal (Attachments: # 1 Appendix) (alt) (Entered: 29-Mar-2016)   Court
[1167] 30-Mar-2016 USCA Case Number Case Appealed to Tenth Case Number 16-4040 for [1165] Notice of Appeal filed by SCO Group. (jmr) (Entered: 30-Mar-2016)   Court
[1168] 24-May-2016

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on April 21, 2005, before Judge Dale A. Kimball, re 1165 Notice of Appeal. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, RMR.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/14/2016. Redacted Transcript Deadline set for 6/24/2016. Release of Transcript Restriction set for 8/22/2016 (alt) Modified on 8/22/2016 by removing restricted text (las). (Entered: 05/24/2016)

  Court
[1169] 24-May-2016

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on June 11, 2015, before Judge David Nuffer, re 1165 Notice of Appeal. Court Reporter/Transcriber Kelly Brown Hicken CSR, RPR, RMR.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/14/2016. Redacted Transcript Deadline set for 6/24/2016. Release of Transcript Restriction set for 8/22/2016 (alt) Modified on 8/22/2016 by removing restricted text (las). (Entered: 05/24/2016)

  Court
[1170] 07-Jun-2016 **SEALED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on March 5, 2007, before Judge Dale A. Kimball, re 1165 Notice of Appeal. Court Reporter/Transcriber Ed Young (alt) (Entered: 06/07/2016)   Court
[1171] 07-Jun-2016

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on March 1, 2007, before Judge Dale A. Kimball, re 1165 Notice of Appeal. Court Reporter/Transcriber Ed Young.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/28/2016. Redacted Transcript Deadline set for 7/8/2016. Release of Transcript Restriction set for 9/6/2016 (alt) Modified on 9/6/2016 by removing restricted text (las). (Entered: 06/07/2016)

  Court
[1173] 13-Jun-2016

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on March 7, 2007, before Judge Dale A. Kimball, re 1165 Notice of Appeal. Court Reporter/Transcriber Rebecca Janke, CSR, RMR, Kelly Brown Hicken CSR, RPR, RMR,.

NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below.

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/5/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016 (alt) Modified on 9/12/2016 by removing restricted text (las). (Entered: 06/13/2016)

  Court
[1174] 22-Jun-2016 Please be advised the Record is complete for purposes of appeal for USCA case number 16-04040 re 1165 Notice of Appeal (alt) (Entered: 06/22/2016)   Court
[1176] 24-Jan-2018

MANDATE of USCA as to 1165 Notice of Appeal: According to the Order of the USCA, the USDC Dist of UT's summary judgment order is Reversed and Remanded on the misappropriation claim, and Affirmed as to the remaining issues. Judgment included with mandate: Yes. (Attachments: # 1 10CCA Judgment, # 2 Mandate Cover Letter) (alt) (Entered: 01/24/2018)

  Court
[1177] 01-Feb-2018 STATUS REPORT ORDER - Docket Text Only - Status Report due by 2/16/2018. The remittitur from the Tenth Circuit Court of Appeals has been received, and the case remanded for further proceedings. By no later than 2/16/2018, the parties shall meet, confer, and jointly file a report stating the status of the case. The joint status report must (1) identify the parties' remaining claims; (2) state whether ruling is now sought on the 776 , 777 , and 784 motions regarding IBM's counterclaims; and (3) proposed a schedule to move the case toward final disposition. The joint status report must also indicate whether mediation or a settlement conference may be beneficial to the disposition of the case. Signed by Judge David Nuffer on 02/01/2018. (apm) Modified on 2/5/2018: added docket text only language (alt) (Entered: 02/01/2018)   Court
[1178] 02-Feb-2018 NOTICE of Appearance by Bret R. Evans on behalf of International Business Machines Corporation (Evans, Bret) (Entered: 02/02/2018)   IBM
[1179] 16-Feb-2018 STATUS REPORT by International Business Machines Corporation. (Evans, Bret) (Entered: 02/16/2018)   SCO,
IBM
[1180] 14-May-2018 DOCKET TEXT ORDER LIFTING STAY as no longer applicable. So ordered by Judge David Nuffer on 5/14/18 (docket text only - no attached document) (alt) (Entered: 05/14/2018)   Court
[ back to top ]

Court-Ordered Deadlines, Past and Pending:
04‑Sep‑2003 [23] Rule 26(a)(1) Initial Disclosure. [date set by [23] stricken by [33].]
01-Oct-2003 [23] Cutoff for Motion to Amend Pleadings.
25-Aug-2004 [23] Plaintiff Rule 26(a)(2) Reports from Retained Experts.
24-Sep-2004 [23] Defendant Rule 26(a)(2) Reports from Retained Experts.
08-Oct-2004 [23] Rule 26(a)(2) Counter Reports.
01-Aug-2005 [466] IBM's Complete Production of Discovery Pursuant to the Order of April 20, 2005
28-Oct-2005 [466] Interim Deadline for Parties to Disclose with Specificity All Allegedly Misused Material Identified to Date and to Update Interrogatory Responses Accordingly
22-Dec-2005 [466] Final Deadline for Parties to Identify with Specificity All Allegedly Misused Material
27-Jan-2006 [466] Close of All Fact Discovery Except As to Defenses to Claims Relating to Allegedly Misused Material
04-Aug-2004
11-Feb-2005
17-Mar-2006


[466]
Close of All Remaining Discovery (i.e., Fact Discovery As to Defenses to Any Claim Relating to Allegedly Misused Material) [Date set by [23].]
[date changed by [177] stricken by [377].]
[date changed by [466].]
25-Feb-2005
14-Apr-2006
12‑May‑2006

19-May-2006



[682]
Initial Expert Reports [date set by [177] stricken by [377].]
[date changed by [466].]
[date changed by [652] stipulated order; text]
[date changed by [682] Extension of Time for Certain Scheduling Deadlines order]
11-Mar-2005
19-May-2006
09-Jun-2006
16-Jun-2006

17-Jul-2006




[704]
Opposing Expert Reports [date set by [177] stricken by [377].]
[date changed by [466].]
[date changed by [652] stipulated order; text]
[date changed by [682] Extension of Time for Certain Scheduling Deadlines order]
[date changed by [704] Amendment to Scheduling order]
25-Mar-2005
16-Jun-2006
07-Jul-2006
14-Jul-2006

28-Aug-2006




[704]
Rebuttal Expert Reports [date set by [177] stricken by [377].]
[date changed by [466].]
[date changed by [652] stipulated order; text]
[date changed by [682] Extension of Time for Certain Scheduling Deadlines order]
[date changed by [704] Amendment to Scheduling order]
22-Oct-2004
22-Apr-2005
10-Jul-2006
24-Jul-2006

22-Sep-2006




[704]
Final Deadline for Expert Discovery (Expert Discovery Cutoff) [Date set by [23].]
[date changed by [177] stricken by [377].]
[date changed by [466].]
[date changed by [682] Extension of Time for Certain Scheduling Deadlines order]
[date changed by [704] Amendment to Scheduling order]
10-Nov-2004
20-May-2005
28-Jul-2006
04-Aug-2006

25-Sep-2006




[704]
(Cutoff for) Dispositive Motions Summary Judgment Motions [Date set by [23].]
[date changed by [177] stricken by [377].]
[Date changed by [466].]
[date changed by [652] stipulated order; text]
[date changed by [704] Amendment to Scheduling order]
01-Sep-2006
08-Sep-2006
25-Oct-2006
01-Nov-2006

11-Nov-2006




[853]
Oppositions to Dispositive Motions Summary Judgment Motions [date set by [466].]
[date changed by [682] Extension of Time for Certain Scheduling Deadlines order]
[date changed by [704] Amendment to Scheduling order]
[date changed by [840].]
[date changed by [853].]
29-Sep-2006
06-Oct-2006
24-Nov-2006
08-Dec-2006
22-Dec-2006

12-Jan-2007





[904]
Reply Briefs on Dispositive Motions (Reply Memoranda) [date set by [466].]
[date changed by [682] Extension of Time for Certain Scheduling Deadlines order]
[date changed by [704] Amendment to Scheduling order]
[date changed by [840].]
[date changed by [853].]
[date changed by [904].]

02-Jun-2006
04-Aug-2006
18-Aug-2006
13-Oct-2006
08-Nov-2006
15-Jan-2007
30-Mar-2007
25-May-2007

08-Jun-2007









[1065]
Responses to Requests for Admissions
[date changed by [675].]
[date changed by [691].]
[date changed by [732].]
[date changed by [743] corrected as [751].]
[date changed by [840].]
[date changed by [853].]
[date changed by [931].]
[date changed by [1027].]
[date changed by [1065].]
11-Feb-2005
25-Feb-2005
30-Sep-2005
12-Jan-2007
12-Apr-2007
14-May-2007
13-Jun-2007
13-Jul-2007
13-Aug-2007
22-Oct-2007









[1081]
Rule 26(a)(3) Disclosures [Date set by [23] (Plaintiff).]
[Date set by [23] (Defendant).]
[date changed by [177] stricken by [377].]
[date changed by [466] stricken by [844].]
[date changed by [931].]
[date changed by [1030].]
[date changed by [1052].]
[date changed by [1065].]
[date changed by [1074].]
[date changed by [1076]. Case administratively closed by [1081].]
27-Jul-2007
27-Aug-2007
05-Nov-2007


[1081]
Motions in Limine regarding expert opinions [Date set by [1065].]
[date changed by [1074].]
[date changed by [1076]. Case administratively closed by [1081].]
03-Aug-2007
04-Sep-2007
13-Nov-2007


[1081]
Objections and counter-designations to Rule 26(a)(3) Disclosures [Date set by [1065].]
[date changed by [1074].]
[date changed by [1076]. Case administratively closed by [1081].]
26-Jan-2007
04-May-2007
04-Jun-2007
09-Jul-2007
10-Aug-2007
10-Sep-2007
20-Nov-2007






[1081]
Motions in Limine [date set by [466] stricken by [844].]
[date changed by [931].]
[date changed by [1030].]
[date changed by [1052].]
[date changed by [1065].]
[date changed by [1074].]
[date changed by [1076]. Case administratively closed by [1081].]
30-Sep-2005
22-Jan-2007
27-Apr-2007
28-May-2007
27-Jun-2007
24-Aug-2007
24-Sep-2007
04-Dec-2007







[1081]
Deadline for Exchanging Proposed Jury Instructions [date set by [177] stricken by [377].]
[date changed by [466] stricken by [844].]
[date changed by [931].]
[date changed by [1030].]
[date changed by [1052].]
[date changed by [1065].]
[date changed by [1074].]
[date changed by [1076]. Case administratively closed by [1081].]
10-Oct-2005 [177] Filing of Proposed Jury instructions [date set by [177] stricken by [377].]
19-Jan-2007
[1076]
Final Pretrial Order [date set by [466] stricken by [844].]
[[931] [1030] [1065] [1074] [1076] 45 days before trial]
28-Mar-2005
10-Oct-2005

[377]
Final Pretrial Conference [Date set by [23].]
[date changed by [177] stricken by [377].]
11-Mar-2005
03-Oct-2005
30-Jan-2007




[1076]
Special Attorney Conference and Settlement Conference [Date set by [23].]
[date changed by [177] stricken by [377].]
[date changed by [466] stricken by [844].]
[[931] [1030] 30 days before trial]
[[1065] [1074] [1076] 60 days before trial]
05-Feb-2007 Oppositions to Motions in Limine [date set by [466]. stricken by [844].]
09-Feb-2007 Reply Briefs on Motions in Limine [date set by [466] stricken by [844].]
11-Apr-2005
01-Nov-2005
26-Feb-2007
5-week Jury Trial [Date set by [23].]
[Date changed by [177] stricken by [377].]
[date changed by [466] stricken by [844].]
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