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RECEIVED FOR FILING
OAKLAND COUNTY CLERK
'04 AUG -9 P4:16
BY: [s/ CEF]
-----------------
DEPUTY COUNTY CLERK
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND
THE SCO GROUP, INC.,
Plaintiff,
vs.
DAIMLERCHRYSLER CORPORATION,
Defendant.
Civil Action No. 04-056587-CKB
Honorable Rae Lee Chabot
Joel H. Serlin (P20224)
Barry M. Rosenbaum (P26487)
SEYBURN, KAHN, GINN, BESS AND SERLIN, P.C.
Attorneys for Plaintiff
2000 Town Center, Suite 1500
Southfield, MI 48075
(248) 353-7620
James P. Feeney (P13335)
Thomas S. Bishoff (P53753)
Stephen L. Tupper (P53918)
DYKEMA GOSSETT PLLC
Attorneys for Defendant
39577 Woodward Avenue, Suite 300
Bloomfield Hills, MI 48304-2820
(248)203-0700
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT
DAIMLERCHRYSLER CORPORATION'S MOTION FOR SUMMARY DISPOSITION
At a session of said Court, held in the Oakland County Courthouse in
the City of Pontiac, County of Oakland, State of Michigan, on
AUG 09 2004
-----------
PRESENT: Hon. Rae Lee Chabot, Circuit Court Judge
This matter having come before the Court on Defendant DaimlerChrysler
Corporation's Motion for Summary Disposition, filed on April 15, 2004;
Plaintiff The SCO Group, Inc. having filed a Memorandum of Law and
Affidavit of William Broderick in opposition to DaimlerChrysler
Corporation's Motion for Summary Disposition on June 16, 2004;
Defendant DaimlerChrysler Corporation having filed a Reply Brief in
support of its Motion for Summary
Page 1 of 2
Disposition on June 30, 2004; and the Court having considered the papers submitted by the parties and hearing argument from their counsel at a duly noticed hearing on July 21, 2004, and being otherwise fully advised in the premises, IT IS HEREBY ORDERED that Defendant DaimlerChrysler Corporation's Motion for Summary Disposition is GRANTED in part and DENIED in part, such that the Court will grant summary disposition as to all claims except for SCO's claim for breach of contract for DaimlerChrysler's alleged failure to respond to the request for certification in a timely manner, for the reasons stated on the record at the July 21, 2004 hearing. [s/ R L Chabot] --------------- Hon. Rae Lee Chabot Circuit Court Judge AGREED AS TO FORM: [s/ Barry M. Rosenbaum] 8/9/04 ------------------------------ Barry M. Rosenbaum (P26487) Counsel for Plaintiff The SCO Group, Inc. [s/ Thomas S. Bishoff/J--] 8/6/04 --------------------------------- Thomas S. Bishoff (P53753) Counsel for Defendant DaimlerChrysler Corporation Page 2 of 2