C O P Y                                     1


           IN THE UNITED STATES DISTRICT COURT

                FOR THE DISTRICT OF UTAH

                    CENTRAL DIVISION


THE SCO GROUP, INC., a     )
Delaware corporation,      )
                           )
  Plaintiff,               )
                           )
vs.                        ) Civil No. 2:03-CV-294DAK
                           )
INTERNATIONAL BUSINESS     )
MACHINES CORPORATION, a    )
New York corporation       )
                           )
Defendant.                 )
___________________________)



                    Status Conference


             BEFORE THE HONORABLE BROOKE C. WELLS
             ------------------------------------

                    October 31, 2003


        Transcript of Magnetically Recorded Hearing


Geri Jardine             ALPHA COURT REPORTING SERVICE
103103GJ                 P.O. BOX 510047
                         SALT LAKE CITY, UTAH
                         Phone: (801) 532-5645
                         Fax: (801) 495-9333


                                                             2

Appearances of Counsel:


For the Plaintiff:   HATCH, JAMES & DODGE
                     BY: BRENT O. HATCH
                         Attorney at Law
                     10 West Broadway, Suite 400
                     Salt Lake City, Utah  84101


For the Defendant:   SNELL & WILMER
                     BY: TODD M. SHAUGHNESSY 
                         Attorney at Law 
                     15 West South Temple
                     Gateway Tower West
                     Salt Lake City, Utah  84101


                                                             3

 1           Salt Lake City, Utah, October 31, 2003
 2                   P R O C E E D I N G S
 3              THE COURT:  Good morning, gentlemen.
 4  Calling the case of the SCO Group, Inc. versus
 5  International Business Machines Corporation.  The
 6  plaintiff in this matter is represented by Mr. Brent
 7  Hatch, who is personally present in court.  The
 8  defendant, IBM, is represented by Mr. Shaughn -- or Todd
 9  Shaughnessy.
10              We're before the Court today at the request
11  of the Court for a status conference.  I had received
12  motions to compel or the defendant's motion to compel,
13  and before setting that for formal hearing I wanted the
14  opportunity to speak with counsel.  I had the
15  opportunity to do that and invited counsel to come into
16  chambers where we held an informal discussion.  As a
17  result of that discussion, I am ordering that we have a
18  status hearing, a formal status hearing, to determine
19  whether a hearing on the motion or motions to compel,
20  reciprocal motions to compel, should be held.
21              We will set a hearing, a status hearing, for
22  Friday, November 21st at 10:00, and at that time we'll
23  determine whether or not a formal hearing needs to be
24  held.  If it does, I am prepared to hold that hearing on
25  Friday, December the 5th, also at 10:00.

                                                             4

 1              Counsel, do either of you wish to supplement
 2  on the record anything that I have just said?
 3              MR. SHAUGHNESSY:  No, Your Honor.
 4              MR. HATCH:  Your Honor, I really apologize.
 5  I just noticed that December 5th is actually
 6  (inaudible).  The best date right around that -- that's
 7  probably -- does it have to be on a Friday?
 8              THE COURT:  Not necessarily.  We could do it
 9  either on the 4th or we could go as late as the 8th,
10  but --
11              MR. HATCH:  If it's in that time frame, I
12  think it's not going to matter, as long as it's just not
13  that (inaudible).
14              THE COURT:  Mr. Shaughnessy.
15              MR. SHAUGHNESSY:  I was going to say, if
16  it's a choice, we prefer the 4th.
17              THE COURT:  Let's keep it on the 5th and at
18  10:00.  All right, and in the meantime, good luck.
19              MR. HATCH:  Thank you, Your Honor.  I
20  appreciate your time.
21              MR. SHAUGHNESSY:  Thank you, Your Honor.
22              THE COURT:  Thank you.
23           (Whereupon, this matter was concluded.)
24
25

                                                             5

                  C E R T I F I C A T E


STATE OF UTAH        )
                     )  ss.
COUNTY OF UTAH       )


       I, Geri Jardine, do hereby certify that the
foregoing transcript was taken down by me
stenographically from electronically recorded tapes and
thereafter transcribed under my direction.
       That the foregoing pages contain a true and
accurate transcript of the electronically recorded
proceedings and was transcribed by me to the best of my
ability from the tapes furnished to me.



                         s/ Geri Jardine
                       ------------------------
                         Geri Jardine


[$Id: IBM-62-transcript.txt,v 1.4 2004/08/10 11:36:18 al Exp $
 This is the ASCII transcription posted at scofacts.org.]