(b)(1)(A), JURY, LODGED_DOC, MAG

  Electronic Case Filing System
District of Utah LIVE (Central)
CIVIL DOCKET FOR CASE #: 2:03-cv-00294-DAK-BCW


SCO Grp, et al v. Intl Bus Mach Inc
Assigned to: Judge Dale A. Kimball
Referred to: Magistrate Judge Brooke C. Wells
Demand: $0
Case in other court: 3rd Dist SL Cnty, 030905199
Cause: 28:1441 Notice of Removal- Contract Dispute

Date Filed: 03/25/2003
Jury Demand: Both
Nature of Suit: 190 Contract: Other
Jurisdiction: Diversity
Plaintiff
Caldera Systems
A Delaware Corporation
TERMINATED: 07/22/2003
doing business as
SCO Group
represented byBrent O. Hatch
HATCH JAMES & DODGE
10 W BROADWAY STE 400
SALT LAKE CITY, UT 84101
(801) 363-6363
Email: bhatch@hjdlaw.com
TERMINATED: 07/22/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David Boies
BOIES SCHILLER & FLEXNER (FL)
100 SE 2ND ST STE 2800
MIAMI, FL 33131
(305)539-8400
TERMINATED: 07/22/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Debra Weiss Goodstone
BOIES SCHILLER & FLEXNER (FL)
100 SE 2ND ST STE 2800
MIAMI, FL 33131
(305)539-8400
Email: dgoodstone@bsfllp.com
TERMINATED: 07/22/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Mark J. Heise
BOIES SCHILLER & FLEXNER (FL)
100 SE 2ND ST STE 2800
MIAMI, FL 33131
(305)539-8400
Email: mheise@bsfllp.com
TERMINATED: 07/22/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen Neal Zack
BOIES SCHILLER & FLEXNER (FL)
100 SE 2ND ST STE 2800
MIAMI, FL 33131
(305)539-8400
Email: szack@bsfllp.com
TERMINATED: 07/22/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Fred O. Goldberg
BERGER SINGERMAN
200 S BISCAYNE BLVD STE 1000
MIAMI, FL 33131
(305)755-9500
TERMINATED: 07/22/2003
ATTORNEY TO BE NOTICED

Leonard K. Samuels
BERGER SINGERMAN
350 E LAS OLAS BLVD STE 1000
FT LAUDERDALE, FL 33301
TERMINATED: 07/22/2003

Mark F James
HATCH JAMES & DODGE
10 W BROADWAY STE 400
SALT LAKE CITY, UT 84101
(801) 363-6363
Email: mjames@hjdlaw.com
TERMINATED: 07/22/2003
ATTORNEY TO BE NOTICED

V.
Defendant
International Business Machines Corporation represented byAlan L Sullivan
SNELL & WILMER (UT)
15 W SOUTH TEMPLE STE 1200
GATEWAY TOWER W
SALT LAKE CITY, UT 84101
(801)257-1900
Email: asullivan@swlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Evan R. Chesler
CRAVATH SWAINE & MOORE
825 EIGHTH AVE
NEW YORK, NY 10019
(212)474-1000
Email: echesler@cravath.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Amy F. Sorenson
SNELL & WILMER (UT)
15 W SOUTH TEMPLE STE 1200
GATEWAY TOWER W
SALT LAKE CITY, UT 84101
(801)257-1900
Email: asorenson@swlaw.com
ATTORNEY TO BE NOTICED

David K. Markarian
BOIES SCHILLER & FLEXNER (FL)
100 SE 2ND ST STE 2800
MIAMI, FL 33131
(305)539-8400
TERMINATED: 11/18/2003
ATTORNEY TO BE NOTICED

David R. Marriott
CRAVATH SWAINE & MOORE
825 EIGHTH AVE
NEW YORK, NY 10019
(212)474-1000
Email: dmarriott@cravath.com
ATTORNEY TO BE NOTICED

Nathan E. Wheatley
SNELL & WILMER (UT)
15 W SOUTH TEMPLE STE 1200
GATEWAY TOWER W
SALT LAKE CITY, UT 84101
(801)257-1900
Email: nwheatley@swlaw.com
ATTORNEY TO BE NOTICED

Peter H. Donaldson
SNELL & WILMER (UT)
15 W SOUTH TEMPLE STE 1200
GATEWAY TOWER W
SALT LAKE CITY, UT 84101
(801)257-1900
Email: pdonaldson@swlaw.com
ATTORNEY TO BE NOTICED

Thomas G. Rafferty
CRAVATH SWAINE & MOORE
825 EIGHTH AVE
NEW YORK, NY 10019
(212)474-1000

Todd M. Shaughnessy
SNELL & WILMER (UT)
15 W SOUTH TEMPLE STE 1200
GATEWAY TOWER W
SALT LAKE CITY, UT 84101
(801)257-1900
Email: tshaughnessy@swlaw.com
ATTORNEY TO BE NOTICED
Interested Party
Intel Corporation
TERMINATED: 04/04/2006
represented byAnthony L. Marks
PERKINS COIE BROWN & BAIN (AZ)
2901 N CENTRAL AVE
PHOENIX, AZ 85012
(602)351-8000
LEAD ATTORNEY

Mark A. Wagner
VAN COTT BAGLEY CORNWALL & MCCARTHY (SLC)
50 S MAIN STE 1600
PO BOX 45340
SALT LAKE CITY, UT 84145
(801)532-3333
Email: mwagner@vancott.com
LEAD ATTORNEY

Jessica L. Everett-Garcia
PERKINS COIE BROWN & BAIN (AZ)
2901 N CENTRAL AVE
PHOENIX, AZ 85012
(601)351-8000

V.
Movant
Canopy Group, The represented byStanley J. Preston
SNOW CHRISTENSEN & MARTINEAU
10 EXCHANGE PLACE 11TH FLOOR
PO BOX 45000
SALT LAKE CITY, UT 84145-5000
(801)521-9000
Email: intakeclerk@scmlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Maralyn M. Reger
SNOW CHRISTENSEN & MARTINEAU
10 EXCHANGE PLACE 11TH FLOOR
PO BOX 45000
SALT LAKE CITY, UT 84145-5000
(801)521-9000
Email: intakeclerk@scmlaw.com
ATTORNEY TO BE NOTICED
Movant
S2 Strategic Consulting represented byDavid W Scofield
PETERS SCOFIELD PRICE
340 BROADWAY CENTRE
111 E BROADWAY
SALT LAKE CITY, UT 84111
(801)322-2002
Email: dws@psplawyers.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Movant
CNET Networks represented byMichael P. O'Brien
JONES WALDO HOLBROOK & MCDONOUGH (SLC)
170 S MAIN ST STE 1500
SALT LAKE CITY, UT 84101
(801)521-3200
Email: mobrien@joneswaldo.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrew H Stone
JONES WALDO HOLBROOK & MCDONOUGH (SLC)
170 S MAIN ST STE 1500
SALT LAKE CITY, UT 84101
(801)534-7255
Email: astone@joneswaldo.com
ATTORNEY TO BE NOTICED
Movant
Forbes represented byMichael P. O'Brien
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrew H Stone
(See above for address)
ATTORNEY TO BE NOTICED
Plaintiff
SCO Group
a Delaware Corporation
formerly known as
Caldera Systems
represented byBrent O. Hatch
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kevin P McBride
1299 OCEAN AVE STE 900
SANTA MONICA, CA 90401
(310)393-1080
Email: km@mcbride-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Robert Silver
BOIES SCHILLER & FLEXNER (NY)
333 MAIN ST
ARMONK, NY 10504
(914)749-8200
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Aldo Noto
ANDREWS KURTH
1701 PENNSYLVANIA AVE NW STE 300
WASHINGTON, DC 20006
(202)662-2700

Daniel P. Filor
BOIES SCHILLER & FLEXNER (ALBANY)
10 N PEARL ST
ALBANY, NY 12210
(518)434-0600
ATTORNEY TO BE NOTICED

David K. Markarian
(See above for address)

Edward Normand
BOIES SCHILLER & FLEXNER (NY)
333 MAIN ST
ARMONK, NY 10504
(914)749-8200

Frederick S. Frei
ANDREWS KURTH
1701 PENNSYLVANIA AVE NW STE 300
WASHINGTON, DC 20006
(202)662-2700
ATTORNEY TO BE NOTICED

J. Matthew Donohue
BOIES SCHILLER & FLEXNER (ALBANY)
10 N PEARL ST
ALBANY, NY 12210
(518)434-0600
ATTORNEY TO BE NOTICED

John K. Harrop
ANDREWS KURTH
1701 PENNSYLVANIA AVE NW STE 300
WASHINGTON, DC 20006
(202)662-2700

Mark R. Clements
HATCH JAMES & DODGE
10 W BROADWAY STE 400
SALT LAKE CITY, UT 84101
(801) 363-6363
Email: mclements@hjdlaw.com
ATTORNEY TO BE NOTICED

Mark J. Heise
(See above for address)
ATTORNEY TO BE NOTICED

Mark F James
(See above for address)
ATTORNEY TO BE NOTICED

Michael Macmanus
BOIES SCHILLER & FLEXNER (NJ)
150 JOHN F KENNEDY PKWY
SHORT HILLS, NJ 07078
(973)218-1111

Robert A. Magnanini
BOIES SCHILLER & FLEXNER (NJ)
150 JOHN F KENNEDY PKWY
SHORT HILLS, NJ 07078
(973)218-1111
Email: rmagnanini@bsfllp.com
ATTORNEY TO BE NOTICED

Sean Eskovitz
BOIES SCHILLER & FLEXNER (NY)
333 MAIN ST
ARMONK, NY 10504
(914)749-8200

Stephen Neal Zack
(See above for address)
ATTORNEY TO BE NOTICED

Stuart H. Singer
BOIES SCHILLER & FLEXNER (FL)
401 E LAS OLAS BLVD STE 1200
FT LAUDERDALE, FL 33301
(954)356-0011
Email: ssinger@bsfllp.com
ATTORNEY TO BE NOTICED

David S. Stone
BOIES SCHILLER & FLEXNER (NJ)
150 JOHN F KENNEDY PKWY
SHORT HILLS, NJ 07078
(973)218-1111
ATTORNEY TO BE NOTICED

Scott E. Gant
BOIES SCHILLER & FLEXNER (DC)
5301 WISCONSIN AVE NW
WASHINGTON, DC 20015
(202)237-2727
ATTORNEY TO BE NOTICED
Counter Claimant
International Business Machines Corporation represented byAlan L Sullivan
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Evan R. Chesler
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Peter H. Donaldson
(See above for address)
ATTORNEY TO BE NOTICED

Thomas G. Rafferty
(See above for address)

Todd M. Shaughnessy
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
SCO Group
formerly known as
Caldera Systems
represented byBrent O. Hatch
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Aldo Noto
(See above for address)

Daniel P. Filor
(See above for address)
ATTORNEY TO BE NOTICED

David K. Markarian
(See above for address)

Frederick S. Frei
(See above for address)
ATTORNEY TO BE NOTICED

J. Matthew Donohue
(See above for address)
ATTORNEY TO BE NOTICED

John K. Harrop
(See above for address)

Mark J. Heise
(See above for address)
ATTORNEY TO BE NOTICED

Mark F James
(See above for address)
ATTORNEY TO BE NOTICED

Michael Macmanus
(See above for address)

Robert A. Magnanini
(See above for address)
ATTORNEY TO BE NOTICED

Stephen Neal Zack
(See above for address)
ATTORNEY TO BE NOTICED

David S. Stone
(See above for address)
ATTORNEY TO BE NOTICED

Scott E. Gant
(See above for address)
ATTORNEY TO BE NOTICED
Movant
G2 Computer Intelligence represented byMichael P. O'Brien
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Andrew H Stone
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

03/25/20032DISCLOSURE STATEMENT Under FRCP 7.1 filed by Caldera Sys (tsh) (Entered: 03/26/2003)
03/25/20031Notice of Removal assigned to Judge Kimball Receipt no.: 128211 (blk) (Entered: 03/01/2004)
03/26/2003 Clerk's mailing of certificate of acknowledgment of alternative dispute resolution option. Mailed or faxed to plaintiff Caldera Sys, defendant Intl Bus Mach Inc (tsh) (Entered: 03/26/2003)
03/26/2003 Memo of recusal signed by Judge PGC (tsh) (Entered: 03/27/2003)
03/26/2003 Case reassigned to Judge Dale A. Kimball (tsh) (Entered: 03/27/2003)
03/27/20033NTC of recusal of Judge Paul G. Cassell and reassignment to Judge Dale A. Kimball. cc: atty (alt) (Entered: 03/28/2003)
03/27/20034Motion and Order signed by Judge Paul G. Cassell , 03/27/03 Granting motion/PHV for Attorney Evan R. Chesler, Thomas G. Rafferty on behalf of defendant Intl Bus Mach Inc cc:attys (tsh) (Entered: 03/28/2003)
03/27/20035Certificate of election filed by plaintiff Caldera Sys Refer to: normal litigation track (tsh) (Entered: 03/31/2003)
03/31/20036Certificate of election filed by defendant Intl Bus Mach Inc Refer to: normal litigation track (tsh) (Entered: 04/01/2003)
04/01/20037Joint motion by Caldera Sys, Intl Bus Mach Inc to extend time to dft to respond to complaint until 4/20/03 (alp) (Entered: 04/03/2003)
04/02/20038Order granting [7-1] joint motion to extend time to dft to respond to complaint until 4/20/03, answer due set for 5:00 4/20/03 for Intl Bus Mach Inc signed by Judge Dale A. Kimball , 4/2/03 cc:atty (alp) (Entered: 04/03/2003)
04/04/20039Amended Joint motion by Caldera Sys, Intl Bus Mach Inc to extend time to dft to respond to complaint to 4/30/03 (alp) (Entered: 04/08/2003)
04/07/200310Order granting [9-1] joint motion to extend time to dft to respond to complaint to 4/30/03, answer due set for 5:00 4/30/03 for Intl Bus Mach Inc signed by Judge Dale A. Kimball , 4/4/03 cc:atty (alp) (Entered: 04/09/2003)
04/14/200311Motion and Order signed by Judge Dale A. Kimball , 04/14/03 Granting motion/PHV for Attorney Fred O. Goldberg, Leonard K. Samuels on behalf of plaintiff Caldera Sys cc:attys (tsh) (Entered: 04/16/2003)
04/25/200312Notice of filing by Intl Bus Mach Inc's counsel re: registration and name change (alp) (Entered: 04/28/2003)
04/30/200313Answer to Complaint by Intl Bus Mach Inc; jury demand (alp) (Entered: 05/01/2003)
04/30/200314Motion and Order signed by Judge Dale A. Kimball , 4/30/03 Granting motion/PHV for Attorney Mark J. Heise, Stephen Neal Zack, Debra Weiss Goodstone, David Boies on behalf of plaintiff Caldera Sys cc:attys (asp) (Entered: 05/02/2003)
05/20/200315Amended Answer to Complaint by Intl Bus Mach Inc : amends [13-1] answer; jury demand (ce) (Entered: 05/22/2003)
06/13/200317Certificate of service by Intl Bus Mach Inc re: 1st set of Interrogs and req for prod/docs (alp) (Entered: 06/17/2003)
06/16/200316Magistrate Notice of Hearing Initial Pretrial Conference set for 9:30 8/13/03 To be held before Judge Nuffer cc:atty ( Ntc generated by: Chambers) (alp) (Entered: 06/16/2003)
06/16/200318Motion by Caldera Sys to amend complaint (alp) (Entered: 06/17/2003)
06/16/200319Memorandum by Caldera Sys in support of [18-1] motion to amend complaint (alp) (Entered: 06/17/2003)
06/24/200320Certificate of service by Caldera Sys re: 1st Req for Prod/Docs and 1st set Interrogs (alp) (Entered: 06/25/2003)
07/07/200321Memo in Response by Intl Bus Mach Inc to [18-1] motion to amend complaint (ksp) (Entered: 07/08/2003)
07/10/200322Order granting [18-1] motion to amend complaint signed by Judge Dale A. Kimball , 7/10/03. cc:atty (ce) (Entered: 07/11/2003)
07/10/200323Scheduling order. Setting;Joining of parties, amending of pleadings on 10/1/03 ; Deadline for filing of all motions 11/10/04 ; Discovery cutoff 10/22/04 ; Attorney Conference by 3/11/05 ; Final Pretrial Conference for 2:30 3/28/05 ; 5 Week Jury Trial for 8:30 4/11/05. Rule 26(f)(1) cnf held. Expert witness disclosure dates set. Not referred to ADR. Discovery limits set. Signed by Judge David Nuffer 7/10/03 cc:atty. (ksp) (Entered: 07/11/2003)
07/19/200324REPORT of Attorney Planning Meeting (ksp) (Entered: 07/22/2003)
07/22/200325Amended complaint by Caldera Sys added party(ies): SCO Grp . jury demand (kpf) (Entered: 07/23/2003)
08/04/200326Certificate of service by SCO Grp in re: Pla's responses to dfts first set of interrogatories and first request for the production of documents (kpf) (Entered: 08/06/2003)
08/06/200327Answer by Intl Bus Mach Inc to amended complaint; jury demand (tsh) (Entered: 08/07/2003)
08/06/200327Counterclaim by Intl Bus Mach Inc against SCO Grp (tsh) (Entered: 08/07/2003)
08/14/200328Certificate of service by Intl Bus Mach Inc in e: IBMS Responses & Objections to SCO's First Request for the Production of Documents and First Set of Interrogatories (kpf) (Entered: 08/18/2003)
08/25/200329Stipulation by Intl Bus Mach Inc, SCO Grp stip to extend time for pla to respond to dft counterclaim -to 9/25/03 (ksp) (Entered: 08/26/2003)
08/26/200330Order granting [29-1] stipulated motion to extend time for pla to respond to dft counterclaim -to 9/25/03 signed by Judge Dale A. Kimball , 8/26/03 cc:atty (ksp) (Entered: 08/28/2003)
08/28/200331Return of service executed re: Subpoena served on Canopy Group c/o Ralph Yanno on 8/26/03 (ksp) (Entered: 08/29/2003)
09/08/200332Stipulation/Motion by Intl Bus Mach Inc, Caldera Sys stipulated to amend [23-1] Scheduling order (blk) (Entered: 09/09/2003)
09/08/200333Order granting [32-1] stipulation motion to amend [23-1] Scheduling order signed by Judge David Nuffer (see order for details) , 09/08/03 cc:atty (blk) (Entered: 09/09/2003)
09/09/200334Objections by Canopy Grp to dft IBM's subpoena dated 08/26/03 (kvs) (Entered: 09/10/2003)
09/10/200335Order of Reference signed by DAK 9/9/03, 636(b)(1)(A). Mag Judge to hear & determine any nondispositive pretrial matters. cc:atty (alt) (Entered: 09/10/2003)
09/10/2003 Case referred to magistrate under 28:636(b)(1)(A). (alt) (Entered: 09/10/2003)
09/15/200336Case referred to Judge Brooke C. Wells cc: atty (blk) (Entered: 09/16/2003)
09/16/200337Certificate of service re: Second Set of INterrogatories and Second Request for Production of Docs by Intl Bus Mach Inc (blk) (Entered: 09/17/2003)
09/16/200338Stipulated Protective Order (see order for details) Signed by Judge Dale A. Kimball 09/16/03 cc: atty (blk) (Entered: 09/18/2003)
09/22/200339Motion by SCO Grp to extend time to resp to dft IBM's ans to the amd cmp and counterclaim-pla IBM's cntrclms against SCO to 10/15/03 (Entered: 09/23/2003)
09/23/200340Order granting [39-1] motion to extend time to resp to dft IBM's ans to the amd cmp and counterclaim-pla IBM's cntrclms against SCO to 10/15/03 signed by Judge Dale A. Kimball, 9/23/03 cc:atty (alt) (Entered: 09/24/2003)
09/25/200341Amended counterclaim by Intl Bus Mach Inc against SCO Grp : amending [27-1] counter claim (blk) (Entered: 09/26/2003)
09/26/200342Motion by SCO Grp to extend time until 2/4/04 for pla to amd pleadings and add parties (ce) (Entered: 09/29/2003)
09/29/200343Order granting [42-1] motion to extend time until 2/4/04 for pla to amd pleadings and add parties signed by Judge Dale A. Kimball , 09/29/03 cc:atty (blk) (Entered: 09/30/2003)
10/01/200344Motion by Intl Bus Mach Inc to compel Discovery (blk) (Entered: 10/03/2003)
10/01/200345Memorandum by Intl Bus Mach Inc in support of [44-1] motion to compel Discovery (blk) (Entered: 10/03/2003)
10/01/200346Exhibits filed by defendant Intl Bus Mach Inc RE: [45-1] support memorandum (blk) (Entered: 10/03/2003)
10/03/200347Certificate of service re: pla's req for admissions by SCO Grp (alt) (Entered: 10/06/2003)
10/10/200348Certificate of service by Intl Bus Mach Inc re: first supplemental responses and objections to SCO's first set of interrogatories (kvs) (Entered: 10/14/2003)
10/14/200349Motion by SCO Grp to extend time to respond to IBM's Amended Counterclaims Against SCO (blk) (Entered: 10/15/2003)
10/15/200350Order granting [49-1] motion to extend time to respond to IBM's Amended Counterclaims Against SCO signed by Judge Dale A. Kimball , 10/15/03 cc:atty (blk) (Entered: 10/15/2003)
10/16/200351Motion by SCO Grp to extend time to respond to dft IBM's second set of interrogatories and second request for production of documents (blk) (Entered: 10/16/2003)
10/17/200352Motion by SCO Grp to extend time to 10/24/03 for pla to resp to mot/compel (alt) (Entered: 10/17/2003)
10/17/200353Memorandum by Intl Bus Mach Inc in opposition to [52-1] motion to extend time to 10/24/03 for pla to resp to mot/compel (alt) (Entered: 10/17/2003)
10/20/200354Substitute Motion by SCO Grp to extend time to respond to dft IBM's motion to compel discovery up to and including 10/24/03 (blk) (Entered: 10/21/2003)
10/23/200355Memorandum by SCO Grp in opposition to [44-1] motion to compel Discovery (blk) (Entered: 10/24/2003)
10/23/200356Certificate of service re: pla's supp responses to dft's first set of interrogs by SCO Grp (blk) (Entered: 10/24/2003)
10/23/200357Certificate 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 (blk) (Entered: 10/24/2003)
10/24/200358Answer by SCO Grp to amended counterclaim: [41-1] amended claim (blk) (Entered: 10/28/2003)
10/28/200359Order granting [54-1] motion to extend time to respond to dft IBM's motion to compel discovery up to and including 10/24/03 signed by Judge Brooke Wells , 10/28/03 cc:atty (blk) (Entered: 10/29/2003)
10/30/200360Certificate of service re: Dft IBM's third set of interrogatories and third request for prod of docs by Intl Bus Mach Inc (blk) (Entered: 10/30/2003)
10/30/200361Certificate of service by Intl Bus Mach Inc re: subp served on Baystar Capital, The Yankee Group, Renaissance Research Group, Deutsche Bank Securities (ce) (Entered: 10/31/2003)
10/31/200362Minute entry:,Counsel for both parties present. Discussion held re: status of discovery. Parties to reconvene for a status conference set for 11/21/03 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 (docket entry #44), that hearing will be set for 12/5/03 at 10:00 a.m. Court adjourned. status conference set for 10:00 11/21/03 , Motion hearing set for 10:00 12/5/03 for [44-1] motion to compel Discovery ; Judge: BCW Court Reporter: Electronic Tape No.: 29 Log No.: 6030-6325 Court Deputy: alp (alp) (Entered: 10/31/2003)
11/03/200363Reply by Intl Bus Mach Inc to response to [44-1] motion to compel Discovery (blk) (Entered: 11/04/2003)
11/03/200364Addendum to [63-1] response reply filed by Intl Bus Mach Inc . (blk) (Entered: 11/04/2003)
11/04/200365Certificate of service re: Dft IBM's Responses and Objections to SCO's First Request for Admissions by Intl Bus Mach Inc (blk) (Entered: 11/04/2003)
11/04/200366Motion by SCO Grp to Compel Discovery (blk) (Entered: 11/05/2003)
11/04/200367Memorandum by SCO Grp in support of [66-1] motion to Compel Discovery (blk) (Entered: 11/05/2003)
11/06/200368Second Motion by Intl Bus Mach Inc to compel discovery (blk) (Entered: 11/07/2003)
11/06/200368Notice of filing re: Certificate of Compliance with rule 37(a)(2)(A) by Intl Bus Mach Inc (blk) (Entered: 11/07/2003)
11/06/200369Memorandum by Intl Bus Mach Inc in support of [68-1] motion to compel discovery (blk) (Entered: 11/07/2003)
11/07/200370Exhibits filed by plaintiff SCO Grp RE: [68-1] motion to compel discovery (blk) (Entered: 11/07/2003)
11/10/200371Magistrate Notice of Hearing status conference set for 10:00 11/21/03 To be held before Judge Wells cc:atty ( Ntc generated by: JD) (blk) (Entered: 11/12/2003)
11/10/200372Magistrate Notice of Hearing Motion hearing set for 10:00 12/5/03 for [68-1] motion to compel discovery, set for 10:00 12/5/03 for [66-1] motion to Compel Discovery, set for 10:00 12/5/03 for [44-1] motion to compel Discovery To be held before Judge Wells cc:atty ( Ntc generated by: JD) (blk) (Entered: 11/12/2003)
11/10/200373Motion by Intl Bus Mach Inc to strike the 5th, 15th, and 19th affirmative defenses asserted by the SCO Grp in its Answers to IBM' Amended Counterclaims (blk) (Entered: 11/12/2003)
11/10/200374Memorandum by Intl Bus Mach Inc in support of [73-1] motion to strike the 5th, 15th, and 19th affirmative defenses asserted by the SCO Grp in its Answers to IBM' Amended Counterclaims (blk) (Entered: 11/12/2003)
11/10/200376Certificate of service of Discovery by SCO Grp (blk) (Entered: 11/12/2003)
11/11/200375Certificate of service re: Subpoenas for discovery by SCO Grp (blk) (Entered: 11/12/2003)
11/18/200377Motion and Order signed by Judge Dale A. Kimball , 11/18/03 Granting motion/PHV for Attorney David K. Markarian on behalf of pla SCO Grp cc:attys (blk) Modified on 11/24/2003 (Entered: 11/18/2003)
11/19/200379Memorandum by Intl Bus Mach Inc in opposition to [66-1] motion to Compel Discovery (blk) (Entered: 11/20/2003)
11/20/200378AMENDED Magistrate Notice of Hearing Reset status conference for 9:00 11/21/03. Time change only. To be held before Judge Wells cc:atty ( Ntc generated by: JD) (blk) (Entered: 11/20/2003)
11/21/200380Minute entry:Counsel present. After discussion with counsel, the motion to compel hearing will remain set for 12/5/03 at 10:00. Court Adjourned. ; Judge: BCW Court Reporter: Electronic Tape No.: 38 Log No.: 4098-4716 Court Deputy: alp (alp) (Entered: 11/21/2003)
11/24/200381Memorandum by SCO Grp in opposition to [68-1] motion to compel discovery (blk) (Entered: 11/25/2003)
11/25/200382Memorandum by SCO Grp in opposition 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 (blk) (Entered: 11/26/2003)
11/26/200383Motion by SCO Grp to extend time for pla to respond to dft IBM's third set of interrogatories and third request for production of documents (blk) (Entered: 12/01/2003)
12/01/200384Reply by SCO Grp to response to [66-1] motion to Compel Discovery (blk) (Entered: 12/03/2003)
12/02/200392Certificate of service by SCO Grpn re: resp/obj to IBM's third set of interrogatories/request for production of docs (ekg) (Entered: 12/10/2003)
12/03/200385Certificate of service re: Subpoenas Duces Tecum upon Northrop Grumman Corp; Sun Microsystems, Inc.; Schwartz Communications, Inc. for the production of documents by 12/16/03 by Intl Bus Mach Inc (blk) (Entered: 12/04/2003)
12/03/200386Reply Memorandum in Support by Intl Bus Mach Inc to response to [68-1] motion to compel discovery (blk) (Entered: 12/04/2003)
12/03/200387Declaration of Todd M. Shaughnessy Re: [68-1] motion to compel discovery (blk) (Entered: 12/04/2003)
12/04/200390CORRECTED Certificate of service by SCO Grp re: second request for production/interrogatories (kvs) (Entered: 12/10/2003)
12/05/200388Minute 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 1/23/04 at 10:00 a.m. Court is adjourned. granting [68-1] motion to compel discovery, Motion hearing set for 10:00 1/23/04 for [66-1] motion to Compel Discovery, set for 10:00 1/23/04 for [73-1] 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 1/23/04 for [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 ; Judge: BCW Court Reporter: Dawn Brunner-Hahn Court Deputy: alp (alp) (Entered: 12/05/2003)
12/05/200391Notice of attorney appearance for SCO Grp by Kevin P McBride (kvs) (Entered: 12/10/2003)
12/09/200389Magistrate Notice of Hearing Motion hearing set for 10:00 1/23/04 for [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 1/23/04 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 1/23/04 for [66-1] motion to Compel Discovery, set for 10:00 1/23/04 for [52-1] motion to extend time to 10/24/03 for pla to resp to mot/compel, set for 10:00 1/23/04 for [51-1] 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 1/23/04 for [44-1] motion to compel Discovery To be held before Judge Wells cc:atty ( Ntc generated by: JD) (blk) (Entered: 12/10/2003)
12/10/200393Reply by Intl Bus Mach Inc 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 (blk) (Entered: 12/11/2003)
12/12/200394Order granting [68-1] motion to compel discovery, granting [44-1] 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 provided 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 , 12/12/03 cc:atty (blk) (Entered: 12/12/2003)
12/18/200395Order, for transcript of proceedings for hearing held 12/05/03, 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 , 12/16/03 cc:atty (blk) (Entered: 12/19/2003)
01/13/200496Notice of Compliance with Court Order of 12/12/03 by SCO Grp (blk) (Entered: 01/15/2004)
01/13/200497Declaration of Ryan E. Tibbitts Re: [96-1] file notice (blk) (Entered: 01/15/2004)
01/20/200499Certificate of service by SCO Grp re: pla's revised supplemental response to dft's first and second set of interrogatories. (blk) (Entered: 01/26/2004)
01/21/200498Magistrate Notice of Hearing Motion hearing set for 10:00 2/6/04 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 2/6/04 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 2/6/04 for [66-1] motion to Compel Discovery, set for 10:00 2/6/04 for [52-1] motion to extend time to 10/24/03 for pla to resp to mot/compel, set for 10:00 2/6/04 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) (Entered: 01/22/2004)
01/26/2004 Transcript of Proceedings for date(s) of 12/05/03. Court Reporter: Dawn E. Brunner-Hahn (blk) (Entered: 01/26/2004)
02/04/2004100Motion by SCO Grp for leave to file Amended Pleadings (blk) (Entered: 02/05/2004)
02/04/2004101Notice of filing Pla's exhibits for use at hearing on 2/6/04 by SCO Grp (blk) (Entered: 02/05/2004)
02/04/2004102Memorandum by SCO Grp in support of [100-1] motion for leave to file Amended Pleadings (blk) (Entered: 02/05/2004)
02/05/2004103Status Report on SCO's Compliance with the Court's December 12, 2003 Order filed by Intl Bus Mach Inc (blk) (Entered: 02/06/2004)
02/06/2004104Minute entry: Counsel for both parties present. The Court hears statements re: compliance with previous order as to discovery and SCO's motion for discovery (d.e.#66). The Court takes the matter under advisement and an order will be forthcoming. ; Judge: BCW Court Reporter: Ed Young Court Deputy: alp (alp) (Entered: 02/09/2004)
02/17/2004105Notice of filing of change of atty address by SCO Grp cc: DQA (alt) (Entered: 02/18/2004)
02/19/2004106Response Memorandum by Intl Bus Mach Inc to SCO's [100-1] motion for leave to file Amended Pleadings (blk) (Entered: 02/20/2004)
02/25/2004107Order granting [100-1] motion for leave to file Amended Pleadings signed by Judge Brooke C. Wells , 2/25/04 cc:atty (blk) (Entered: 02/26/2004)
02/27/2004108Second Amended complaint by SCO Grp; no parties added. Amends [108-1] amended complaint; jury demand (blk) (Entered: 03/01/2004)
03/03/2004109 Order regarding SCO's Motion 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 , 3/3/04 cc:atty (blk) (Entered: 03/03/2004)
03/05/2004110ADDENDUM to Stipulated Protective Order Signed by Judge Dale A. Kimball 3/5/04 cc: atty (blk) Modified on 03/05/2004 (Entered: 03/05/2004)
03/09/2004114Minute entry: Teleconference held in chambers at the request of both parties; Judge: BCW (alp) (Entered: 03/12/2004)
03/10/2004111Motion and Order signed by Judge Dale A. Kimball, 3/10/04 Granting motion/PHV for Attorney Scott E. Gant on behalf of counter-defendant SCO Grp, plaintiff SCO Grp cc:attys (blk) (Entered: 03/10/2004)
03/11/2004112Amended answer by SCO Grp to amended counterclaim : amends [58-1] counter answer (blk) (Entered: 03/12/2004)
03/11/2004113Exhibits filed by plaintiff SCO Grp RE: [108-1] second amended complaint. (blk) (Entered: 03/12/2004)
03/12/2004115Stipulation by SCO Grp, Intl Bus Mach Inc to extend time for dft IBM to respond to Second Amended Complaint up to and including3/19/04 (blk) (Entered: 03/15/2004)
03/15/2004116Order granting [115-1] stipulation motion to extend time for dft IBM to respond to Second Amended Complaint up to and including 3/19/04 signed by Judge Dale A. Kimball , 3/15/04 cc:atty (blk) (Entered: 03/15/2004)
03/19/2004117Stipulation and joint motion by Intl Bus Mach Inc, SCO Grp to extend time to respond to second amended complaint up to and including 3/26/04 (blk) (Entered: 03/22/2004)
03/22/2004118Order granting [117-1] stipulation motion to extend time to respond to second amended complaint up to and including 3/26/04 signed by Judge Dale A. Kimball , 3/22/04 cc:atty (blk) (Entered: 03/24/2004)
03/24/2004120Motion by SCO Grp to bifurcate (blk) Modified on 03/26/2004 (Entered: 03/26/2004)
03/24/2004121Memorandum by SCO Grp in support of [120-1] motion to bifurcate (blk) (Entered: 03/26/2004)
03/24/2004122Notice of service of Subpoenas Duces Tecum by Intl Bus Mach Inc (blk) (Entered: 03/26/2004)
03/25/2004119Acceptance of service of Subpoena Duces Tecum as to Intl Bus Mach Inc 3/25/04 (blk) (Entered: 03/26/2004)
03/26/2004123Motion by Intl Bus Mach Inc to amend [41-1] amended counterclaim (asp) (Entered: 03/29/2004)
03/26/2004124Order granting [123-1] motion to amend [41-1] amended counterclaim signed by Judge Dale A. Kimball , 3/26/04 cc:atty (asp) (Entered: 03/29/2004)
03/26/2004125Certificate of service re: 4th req for prod/docs & 4th set of interrogs by SCO Grp (alt) (Entered: 03/30/2004)
03/26/2004126Answer by Intl Bus Mach Inc to 2ND amended complaint (alt) (Entered: 03/30/2004)
03/29/20041272ND Amended counterclaim by Intl Bus Mach Inc: amending [41-1] amended claim (alt) (Entered: 03/30/2004)
03/30/2004128Certificate of service by Intl Bus Mach Inc re: fourth set of interrogatories and fourth request for production of documents (blk) (Entered: 03/30/2004)
04/05/2004129Motion by SCO Grp to amend [23-1] Scheduling order (blk) (Entered: 04/06/2004)
04/05/2004130Memorandum by SCO Grp in support of [129-1] motion to amend [23-1] Scheduling order (blk) (Entered: 04/06/2004)
04/07/2004131Certificate of service re: Sco's Objections to EBM's Amended Notice of Deposition by SCO Grp (blk) Modified on 04/08/2004 (Entered: 04/08/2004)
04/12/2004132Response by Intl Bus Mach Inc to [120-1] motion to bifurcate (blk) (Entered: 04/13/2004)
04/15/2004133Certificate of service of pla's objections to IBM's notice of deposition by SCO Grp (blk) (Entered: 04/15/2004)
04/15/2004134Stipulation by SCO Grp, Intl Bus Mach Inc to extend time for SCO to respond to IBM's Amended Counterclaims up to and including 4/23/04; and for IBM to respond to SCO's Motion to Amend the Scheduling Order up to and including 4/30/04. (blk) (Entered: 04/16/2004)
04/15/2004134Order granting [134-1] stipulation motion to extend time for SCO to respond to IBM's Amended Counterclaims up to and including 4/23/04; and for IBM to respond to SCO's Motion to Amend the Scheduling Order up to and including 4/30/04. signed by Judge Dale A. Kimball, 4/15/04 cc:atty (blk) (Entered: 04/16/2004)
04/19/2004135Certificate of service re: responses to third set of interrogatories by SCO Grp (blk) (Entered: 04/20/2004)
04/19/2004136Objections by S2 Strategic Consult to Subpoena Duces Tecum directed to S2 Strategic Consulting, and Response (blk) (Entered: 04/20/2004)
04/19/2004137Reply by SCO Grp to response to [120-1] motion to bifurcate (blk) (Entered: 04/20/2004)
04/19/2004138Declaration of Chris Sontag Re: [109-1] 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) (blk) (Entered: 04/20/2004)
04/20/2004139Declaration of Todd M. Shaughnessy Re: [109-1] 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), [109-2] relief (blk) (Entered: 04/21/2004)
04/20/2004140Certificate of service re: second supp rsponses and obj to SCO's first set of interrrogs; responses and obj to SCO's second set of interrogs and second request for the prod of docs; and responses and obj to SCO's third set of interrogs and third request for the prod of docs by Intl Bus Mach Inc (blk) (Entered: 04/21/2004)
04/23/2004141Answer by SCO Grp to [127-1] second amended counterclaim (blk) (Entered: 04/26/2004)
04/23/2004142Motion by SCO Grp to dismiss counterclaim , or, in the alternative to separate , or to stay counts 9,10 and 14 of the counterclaim-pla IBM's second amended counterclaims against SCO (blk) (Entered: 04/26/2004)
04/23/2004143Memorandum by SCO Grp in support of [142-1] motion to dismiss counterclaim, [142-2] motion or, in the alternative to separate, [142-3] motion or to stay counts 9,10 and 14 of the counterclaim-pla IBM's second amended counterclaims against SCO (blk) (Entered: 04/26/2004)
04/26/2004144Corrected/Amended [142-1] motion to dismiss counterclaim, [142-2] motion or, in the alternative to separate, [142-3] motion or to stay counts 9,10 and 14 of the counterclaim-pla IBM's second amended counterclaims against SCO. Amended Motion is entitled: CORRECTED Motion to Dismiss , or to Stay Count Ten of Counterclaim-Pla Ibm's Second Amended Counterclaims Against SCO, by SCO Grp (blk) (Entered: 04/27/2004)
05/03/2004145Certificate of service re: responses and objections to SCO's 4th set of requests for the production of docs and 4th set of interrogatories by Intl Bus Mach Inc (blk) (Entered: 05/04/2004)
05/05/2004146Stipulation by SCO Grp, Intl Bus Mach Inc stip re: briefing for pending motions (kvs) (Entered: 05/06/2004)
05/06/2004147Order granting [146-1] stipulated motion re: briefing for pending motions signed by Judge Dale A. Kimball, 5/6/04 cc:atty (alt) (Entered: 05/06/2004)
05/14/2004148Memorandum by Intl Bus Mach Inc in opposition to [129-1] motion to amend [23-1] Scheduling order (blk) (Entered: 05/17/2004)
05/14/2004149Certificate of service re: fifth request for the production of docs by Intl Bus Mach Inc (blk) (Entered: 05/17/2004)
05/14/2004150Stipulation by Intl Bus Mach Inc to amend [147-1] order setting briefing on pending motions. Stipultated to the following: IBM's Memo in Opposition to SCO's Motion to Dismiss due 5/18/04; SCO's Reply Memo in Support of its Motion to Dismiss due 6/1/04. (blk) (Entered: 05/17/2004)
05/18/2004151Order granting [150-1] stipulation motion to amend [147-1] order setting briefing on pending motions. Stipultated to the following: IBM's Memo in Opposition to SCO's Motion to Dismiss due 5/18/04; SCO's Reply Memo in Support of its Motion to Dismiss due 6/1/04. signed by Judge Dale A. Kimball , 5/17/04 cc:atty (blk) (Entered: 05/18/2004)
05/18/2004152Cross-motion by Intl Bus Mach Inc for partial summary judgment on claim for declaratory judgment of non-infringement (blk) (Entered: 05/19/2004)
05/18/2004153Memorandum by Intl Bus Mach Inc in support of [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement (blk) (Entered: 05/19/2004)
05/18/2004154Declaration of Daniel Frye Re: [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement (blk) (Entered: 05/19/2004)
05/18/2004155Memorandum by Intl Bus Mach Inc in opposition 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, (blk) (Entered: 05/19/2004)
05/18/2004156Declaration of Amy F. Sorenson Re: [155-1] opposition memorandum (blk) (Entered: 05/19/2004)
05/19/2004157Declaration of Todd M. Shaughnessy Re: [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement. (Please Note: This is an oversized document and has been placed in an expandable folder next to the case file.) (blk) Modified on 05/19/2004 (Entered: 05/19/2004)
05/26/2004158Notice of Hearing filed : Motion hearing set for 10:30 6/8/04 for [142-2] motion or, in the alternative to separate, set for 10:30 6/8/04 for [129-1] motion to amend [23-1] Scheduling order To be held before Judge Kimball cc:atty ( Ntc generated by: KJ) (blk) (Entered: 05/27/2004)
05/26/2004159Notice of Hearing filed : Motion hearing set for 3:00 8/4/04 for [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement, set for 3:00 8/4/04 for [144-1] amended motion to Dismiss, set for 3:00 8/4/04 for [142-1] motion to dismiss counterclaim To be held before Judge Kimball cc:atty (ntc generated: KJ) (blk) (Entered: 05/27/2004)
05/26/2004160Stipulation by SCO Grp to amend [151-1] briefing order as follows: SCO's reply memo in support of motion to dismss due 6/14/04. (blk) (Entered: 05/27/2004)
05/27/2004161Order granting [160-1] stipulation motion to amend [151-1] briefing order as follows: SCO's reply memo in support of motion to dismss due 6/14/04. signed by Judge Dale A. Kimball , 5/27/04 cc:atty (blk) (Entered: 05/27/2004)
05/28/2004162Motion and Order signed by Judge Dale A. Kimball , 5/28/04 Granting motion/PHV for Attorney Robert Silver on behalf of plaintiff SCO Grp, counter-defendant SCO Grp cc:attys (blk) (Entered: 05/28/2004)
05/28/2004163Memorandum RE: Discovery filed by SCO Grp (tsh) (Entered: 06/01/2004)
05/28/2004164Ex parte motion by SCO Grp for leave to file overlength reply memo in support of pla's Motion to Amend the Scheduling Order (tsh) (Entered: 06/01/2004)
05/28/2004 Proposed document from SCO Grp entitled Pla's Reply Memo in Support of Motion to Amend the Scheduling Order (tsh) (Entered: 06/01/2004)
05/28/2004165Certificate of service by SCO Grp re: Pla's Response to Dft's Fourth Set of Interrogatories (tsh) (Entered: 06/01/2004)
06/02/2004166Order granting [164-1] ex parte motion for leave to file overlength reply memo in support of pla's Motion to Amend the Scheduling Order signed by Judge Dale A. Kimball , 6/2/04 cc:atty (blk) (Entered: 06/03/2004)
06/02/2004167Reply by SCO Grp to response to [160-1] stipulation motion to amend [151-1] briefing order as follows: SCO's reply memo in support of motion to dismss due 6/14/04. (blk) (Entered: 06/03/2004)
06/03/2004168Expedited Motion by SCO Grp for protective order (blk) (Entered: 06/04/2004)
06/03/2004168Memorandum by SCO Grp in support of [168-1] expedited motion for protective order (blk) (Entered: 06/04/2004)
06/03/2004169Motion and Order signed by Judge Dale A. Kimball , 6/3/04 Granting motion/PHV for Attorney David S. Stone on behalf of counter-defendant SCO Grp, plaintiff SCO Grp cc:attys (blk) (Entered: 06/04/2004)
06/03/2004170Motion and Order signed by Judge Dale A. Kimball , 6/3/04 Granting motion/PHV for Attorney Robert A. Magnanini on behalf of counter-defendant SCO Grp, plaintiff SCO Grp cc:attys (blk) (Entered: 06/04/2004)
06/03/2004171Motion and Order signed by Judge Dale A. Kimball , 6/3/04 Granting motion/PHV for Attorney Michael Macmanus on behalf of counter-defendant SCO Grp, plaintiff SCO Grp cc:attys (blk) (Entered: 06/04/2004)
06/04/2004172Memorandum by Intl Bus Mach Inc in opposition to [168-1] motion for protective order (blk) (Entered: 06/04/2004)
06/04/2004174Reply by SCO Grp to response to [168-1] motion for protective order (tsh) (Entered: 06/07/2004)
06/07/2004173Motion and Order signed by Judge Dale A. Kimball , 6/7/04 Granting motion/PHV for Attorney Frederick S. Frei, John K. Harrop, Aldo Noto on behalf of counter-defendant SCO Grp, plaintiff SCO Grp cc:attys (tsh) (Entered: 06/07/2004)
06/08/2004175Minute entry: Counsel for both parties contact the Court by telephone re: expedited motion for protective order (d.e. #168). Court hears arguments and DENIES the motion due to lateness of the objection and inconvenience to the parties already scheduled for deposition. Counsel for defendant is to prepare an order. denying [168-1] motion for protective order ; Judge: BCW Court Reporter: n/a Tape No.: n/a Log No.: n/a Court Deputy: alp (alp) (Entered: 06/08/2004)
06/08/2004176Minute entry: Motion hearing held for [142-2] 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: DAK Court Reporter: Kelly Hicken Court Deputy: Kim Jones (kj) (Entered: 06/08/2004)
06/09/2004 Transcript of Proceedings for date(s) of 10/31/03 Status Cnf. Court Reporter: Geri Jardine (blk) (Entered: 06/09/2004)
06/09/2004 Transcript of Proceedings for date(s) of 11/21/03 Status Cnf. Court Reporter: Geri Jardine (blk) (Entered: 06/09/2004)
06/10/2004177Order 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 due set for 4/22/05 , motion filing deadline set for 5/20/05 , Final Pretrial Conference set for 2:30 10/10/05 , 5-Week Jury trial set for 8:30 11/1/05 See file/image for further deadlines. Signed by Judge Dale A. Kimball , 6/10/04 cc:atty (tsh) (Entered: 06/10/2004)
06/14/2004178Amended Notice of Hearing filed : Final Pretrial Conference reset for 2:30 10/11/05 To be held before Judge Kimball cc:atty ( Ntc generated by: KJ) (blk) (Entered: 06/14/2004)
06/14/2004179Stipulation by SCO Grp re: briefing for pending motions (blk) (Entered: 06/14/2004)
06/14/2004180Certificate of service by SCO Grp re: response to IBM's fifth request for production of docs. (blk) (Entered: 06/15/2004)
06/14/2004181Order granting [179-1] stipulation motion re: briefing for pending motions signed by Judge Dale A. Kimball , 6/14/04 cc:atty (blk) (Entered: 06/15/2004)
06/16/2004182Order denying [168-1] motion for protective order signed by Judge Brooke C. Wells , 6/15/04 cc:atty (blk) (Entered: 06/17/2004)
06/21/2004183Stipulation by SCO Grp re: Briefing for pending motions. Pending motions are: IBM's Partial Motion for Summary Jgm; SCO's Motion to Dismiss, and SCO's Memorandum Regarding Discovery. Stipulated that briefing should proceed as follows: IBM's supplemental mem opp to motion to dismiss due 6/28/04; IBM's response to SCO's memo re discovery due 6/23/04; SCO's reply memo re discovery due 7/12/04; IBM's reply memo in support of motion for summary jgm due 7/26/04; SCO's reply memo in support of motion to dismiss due 7/26/04; and SCO's reply memo in support of motion to dismiss due 7/26/04j (blk) (Entered: 06/22/2004)
06/22/2004185Order granting [183-1] stipulation motion re: Briefing for pending motions. Pending motions are: IBM's Partial Motion for Summary Jgm; SCO's Motion to Dismiss, and SCO's Memorandum Regarding Discovery. Stipulated that briefing should proceed as follows: IBM's supplemental mem opp to motion to dismiss due 6/28/04; IBM's response to SCO's memo re discovery due 6/23/04; SCO's reply memo re discovery due 7/12/04; IBM's reply memo in support of motion for summary jgm due 7/26/04; SCO's reply memo in support of motion to dismiss due 7/26/04; and SCO's reply memo in support of motion to dismiss due 7/26/04j signed by Judge Dale A. Kimball , 6/22/04 cc:atty (blk) (Entered: 06/23/2004)
06/23/2004184Order affs and decls intended for use at depos must be produced to opposing pty at least 48 hrs prior to depo signed by Judge Brooke C. Wells, 6/22/04 cc:atty (alt) (Entered: 06/23/2004)
06/23/2004186Response by Intl Bus Mach Inc to [163-1] memo re: discovery filed by SCO (blk) (Entered: 06/24/2004)
06/25/2004187Certificate of service by SCO Grp re: Pla's Amended Responses to Dft's Fourth Set of Interrogatories (tsh) (Entered: 06/28/2004)
06/28/2004188SUPPLEMENTAL Memorandum by Intl Bus Mach Inc in opposition 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, (tsh) (Entered: 06/29/2004)
07/06/2004189Ex parte motion by SCO Grp for leave to file overlength memorandum re: renewed motion to compel (blk) (Entered: 07/07/2004)
07/06/2004190Renewed Motion by SCO Grp to compel discovery (blk) (Entered: 07/07/2004)
07/06/2004 Proposed document from SCO Grp entitled: Memorandum in Support of Pla's Renewed Motion to Compel. (overlength doc. pending order allowing to file) (blk) (Entered: 07/07/2004)
07/06/2004191SEALED DOCUMENT: Exhibits G,H,I and J to memorandum in support of pla's renewed motion to compel. (blk) (Entered: 07/07/2004)
07/07/2004192Order granting [189-1] ex parte motion for leave to file overlength memorandum re: renewed motion to compel signed by Judge Dale A. Kimball , 7/7/04 cc:atty (blk) (Entered: 07/08/2004)
07/07/2004193Memorandum by SCO Grp in support of [190-1] motion to compel discovery (blk) (Entered: 07/08/2004)
07/07/2004194Certificate of service re: production of documents by SCO Grp (blk) (Entered: 07/08/2004)
07/08/2004195Rule 56(f) Motion & Further Memorandum by SCO Grp in opposition to [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement (blk) (Entered: 07/09/2004)
07/08/2004195Rule 56(f) Motion by SCO Grp in further opposition to IBM's Motion for Partial Summary Jgm (blk) (Entered: 07/09/2004)
07/08/2004196Ex parte motion by SCO Grp for leave to file overlength memorandum in opposition to IBMs' Motion for Summary Judgment on its tenth counterclaim for declaratory jgm of non-infringement (blk) (Entered: 07/09/2004)
07/08/2004 Proposed document from SCO Grp entitled : Memorandum in Opposition to Dft IBM's Motion for Summary Jgm on its Tenth Counterclaim for Declaratory Jgm on Non-Infringement (blk) (Entered: 07/09/2004)
07/08/2004197SEALED DOCUMENT: Declaration in Support of SCO's Opposition to IBM's Cross-Motion for Partial Summary Jgm 195. Declaration and Exhibits filed under seal. (blk) (Entered: 07/09/2004)
07/08/2004198SEALED DOCUMENT: Declarations in Support of SCO's Motion for Continuance Pursuant to Rule 56(f) 195. Declarations and exhibits filed under seal. (blk) (Entered: 07/09/2004)
07/08/2004199Declaration of John Harrop Re: [195-1] motion in further opposition to IBM's Motion for Partial Summary Jgm, [195-1] opposition memorandum (blk) (Entered: 07/09/2004)
07/09/2004200Certificate of service [199-1] declaration, [198-1] document(s), [197-1] document(s), [0-0] received proposed document, [196-1] ex parte motion for leave to file overlength memorandum in opposition to IBMs' 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 (blk) (Entered: 07/09/2004)
07/09/2004201Order granting [196-1] ex parte motion for leave to file overlength memorandum in opposition to IBMs' Motion for Summary Judgment on its tenth counterclaim for declaratory jgm of non-infringement signed by Judge Dale A. Kimball , 7/9/04 cc:atty (kvs) (Entered: 07/12/2004)
07/09/2004206Memorandum by SCO Grp in opposition to [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement (blk) (Entered: 07/14/2004)
07/09/2004206Exhibits filed by plaintiff SCO Grp RE: [206-1] opposition memorandum. Vols 1-5. All exhibits are oversized and placed on the shelf in an expandable folder next to the case file with the exception of vol 5. Vol 5 is SEALED and placed in the sealed file room. (blk) (Entered: 07/14/2004)
07/12/2004202Ex parte motion by SCO Grp for leave to file overlength memorandum re: Discovery (blk) (Entered: 07/13/2004)
07/12/2004 Proposed document from SCO Grp entitled: Reply Memorandum RE: Discovery (blk) (Entered: 07/13/2004)
07/12/2004203SEALED DOCUMENT filed by SCO entitled: Delaration of Chris Sontag in Support of Reply Memorandum Regarding Discovery (blk) Additional attachment(s) added on 8/4/2005 (blk, ). Modified on 8/4/2005 by unsealing document and adding document image (blk, ). (Entered: 07/13/2004)
07/13/2004204Order granting [202-1] ex parte motion for leave to file overlength memorandum re: Discovery signed by Judge Dale A. Kimball , 7/13/04 cc:atty (blk) (Entered: 07/13/2004)
07/13/2004205Reply by SCO Grp to response to [190-1] motion to compel discovery (blk) (Entered: 07/13/2004)
07/22/2004207Stipulation by SCO Grp, Intl Bus Mach Inc Stip to amend the deadlines for briefing (jmr) (Entered: 07/26/2004)
07/26/2004208Order granting [207-1] stipulated motion to amend the deadlines for briefing signed by Judge Dale A. Kimball, 7/26/04 cc:atty (alt) (Entered: 07/26/2004)
07/27/2004209Notice of Hearing filed by defendant Intl Bus Mach Inc : Motion hearing set for 2:00 9/15/04 for [144-1] amended motion to Dismiss, set for 2:00 9/15/04 for [144-2] amended motion or to Stay Count Ten of Counterclaim-Pla Ibm's Second Amended Counterclaims Against SCO,, set for 2:00 9/15/04 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) (blk) (Entered: 07/28/2004)
07/30/2004210Certificate of service by Intl Bus Mach Inc re: Dft's Fifth Set of Interrogatories (tsh) (Entered: 08/02/2004)
08/04/2004211Magistrate Notice of Hearing Motion hearing set for 10:00 9/2/04 for [190-1] motion to compel discovery To be held before Judge Wells cc:atty ( Ntc generated by: JD) (blk) (Entered: 08/04/2004)
08/04/2004212Motion by Intl Bus Mach Inc to strike the 7/12/04 Declaration of Christopher Sontag (blk) (Entered: 08/05/2004)
08/04/2004213Memorandum by Intl Bus Mach Inc in support of [212-1] motion to strike the 7/12/04 Declaration of Christopher Sontag (blk) (Entered: 08/05/2004)
08/04/2004214Declaration of Joan Thomas Re: [212-1] motion to strike the 7/12/04 Declaration of Christopher Sontag (blk) (Entered: 08/05/2004)
08/04/2004215Motion by Intl Bus Mach Inc for leave to file overlength opposition memorandum to SCO's renewed Motion to Compel (blk) (Entered: 08/05/2004)
08/04/2004217Memorandum by Intl Bus Mach Inc in opposition to [190-1] motion to compel discovery (blk) (Entered: 08/05/2004)
08/04/2004218Certificate of service re: discovery by Intl Bus Mach Inc (blk) (Entered: 08/05/2004)
08/04/2004219Declaration of Amy F. Sorenson Re: [217-1] opposition memorandum (blk) (Entered: 08/05/2004)
08/04/2004220SEALED DOCUMENT by IBM entitled: Exhibits to Declaration of Amy F. Sorenson [219-1] (blk) Modified on 08/06/2004 (Entered: 08/05/2004)
08/05/2004216Order granting [215-1] motion for leave to file overlength opposition memorandum to SCO's renewed Motion to Compel signed by Judge Dale A. Kimball , 8/5/04 cc:atty (blk) (Entered: 08/05/2004)
08/09/2004221Errata to [213-1] support memorandum filed by Intl Bus Mach Inc . (blk) (Entered: 08/10/2004)
08/12/2004222Stipulation by Intl Bus Mach Inc to amend briefing for pending motions (blk) (Entered: 08/13/2004)
08/13/2004223 Magistrate Notice of Hearing Motion hearing set for 10:00 9/14/04 for [212-1] motion to strike the 7/12/04 Declaration of Christopher Sontag, set for 10:00 9/14/04 for [190-1] motion to compel discovery To be held before Judge Wells cc:atty ( Ntc generated by: JD) (blk) (Entered: 08/13/2004)
08/13/2004224Order granting [222-1] stipulation motion to amend briefing for pending motions signed by Judge Dale A. Kimball , 8/13/04 cc:atty (blk) (Entered: 08/13/2004)
08/13/2004225Motion by Intl Bus Mach Inc for partial summary judgment on Breach of Contract Claims. (Oral Argument Requested) (blk) (Entered: 08/16/2004)
08/13/2004226Motion by Intl Bus Mach Inc for leave to file overlength memorandum in support of motion for partial summary jgm on breach of contract claims (blk) (Entered: 08/16/2004)
08/13/2004227Declaration of Todd M. Shaughnessy Re: [225-1] motion for partial summary judgment on Breach of Contract Claims. (Oral Argument Requested) (blk) (Entered: 08/16/2004)
08/13/2004 Proposed document from Intl Bus Mach Inc entitled: Memorandum in Support of Motion for Partial Summary Jgm re: Breach of Contract (blk) (Entered: 08/16/2004)
08/13/2004228Exhibits filed by defendant Intl Bus Mach Inc RE: [227-1] declaration of Todd M. Shaughnessy. (3 volumes of exhibits, oversized, placed in expandable folders next to case file.) (blk) (Entered: 08/16/2004)
08/13/2004232REDACTED Memorandum by Intl Bus Mach Inc in support of [225-1] motion for partial summary judgment on Breach of Contract Claims. (blk) (Entered: 08/18/2004)
08/13/2004234SEALED DOCUMENT entitled: IBM's Sealed Exhibits to the Declaration of Todd M. Shaughnessy in Support of Motion for Partial Summary Jgm on Breach of Contract Claims (blk) (Entered: 08/18/2004)
08/13/2004235Declarations 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. (blk) Modified on 08/18/2004 (Entered: 08/18/2004)
08/13/2004236Declarations 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. (blk) (Entered: 08/18/2004)
08/16/2004229Order 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 , 8/16/04 cc:atty (blk) (Entered: 08/17/2004)
08/16/2004230SEALED DOCUMENT entitled: IBM's Memorandum in Support of Motion for Partial Summary Jgm on Breach of Contract Claims. (blk) (Entered: 08/17/2004)
08/16/2004231REDACTED Memorandum by Intl Bus Mach Inc in support of [233-1] IBM's Motion for Partial Summary Jgm on its Counterclaim for Copyright Infringement (Eighth Counterclaim) (blk) Modified on 08/18/2004 (Entered: 08/18/2004)
08/16/2004233Motion by Intl Bus Mach Inc for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim) (blk) (Entered: 08/18/2004)
08/16/2004237Declaration of Amy F. Sorenson Re: [233-1] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim) (blk) (Entered: 08/18/2004)
08/16/2004238Exhibits filed by defendant Intl Bus Mach Inc RE: [237-1] declaration of Amy F. Sorenson (blk) (Entered: 08/18/2004)
08/16/2004239SEALED DOCUMENT entitled: Sealed exhibits to declaration of Amy F. Sorenson [237-1] (blk) (Entered: 08/18/2004)
08/16/2004240Declaration of Kathleen Bennett Re: [233-1] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim) (blk) (Entered: 08/18/2004)
08/16/2004241SEALED DOCUMENT entitled: Memorandum in Support of IBM's Motion for Partial Summary Judgment on its Counterclaim for Copyright Infringement (Eighth Counterclaim) [233-1] (blk) (Entered: 08/18/2004)
08/16/2004242Certificate of service [232-1] support memorandum by Intl Bus Mach Inc (blk) (Entered: 08/18/2004)
08/16/2004243SEALED DOCUMENTS: 9 boxes of SEALED Exhibits filed by IBM 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. (blk) (Entered: 08/18/2004)
08/17/2004244Addendum to [231-1] redacted support memorandum filed by Intl Bus Mach Inc . (blk) (Entered: 08/18/2004)
08/19/2004245SEALED Ex parte motion by SCO Grp for leave to file a supplemental memo re: discovery (tsh) (Entered: 08/22/2004)
08/19/2004 SEALED Proposed documents from SCO Grp entitled Supplemental Mmeorandum re: Discovery, Declaration of Jeremy O. Evans, and Declaration of Barbara L. Howe (tsh) Modified on 08/22/2004 (Entered: 08/22/2004)
08/19/2004287SEALED DOCUMENT filed by SCO entitled: Supplemental Memorandum Regarding Discovery (blk) (Entered: 09/13/2004)
08/19/2004288SEALED DOCUMENT filed by SCO entitled: Declaration of Jeremy O. Evans in Support of Pla/Cntlclmdft SCO's Supplemental Memorandum Regarding Discovery (blk) (Entered: 09/13/2004)
08/19/2004289SEALED DOCUMENT filed by SCO entitled: Declaration of Barbara L. Howe in Support of Pla/cntclmdft SCO's Supplemental Memorandum Regarding discovery (blk) (Entered: 09/13/2004)
08/23/2004246Motion by Intl Bus Mach Inc to strike materials submitted by SCO in opposition to IBM's cross-motion for partial summary jgm (blk) (Entered: 08/24/2004)
08/23/2004247Memorandum by Intl Bus Mach Inc in support of [246-1] motion to strike materials submitted by SCO in opposition to IBM's cross-motion for partial summary jgm (blk) (Entered: 08/24/2004)
08/23/2004248Ex parte motion by Intl Bus Mach Inc for leave to file overlength memorandum in support of motion to strike (blk) (Entered: 08/24/2004)
08/23/2004249Declaration of Randall Davis Re: [246-1] motion to strike materials submitted by SCO in opposition to IBM's cross-motion for partial summary jgm (blk) (Entered: 08/24/2004)
08/23/2004250Reply Declaration of Todd M. Shaugnessy Re: [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement (blk) (Entered: 08/24/2004)
08/23/2004251SEALED Exhibits filed by defendant Intl Bus Mach Inc RE: [250-1] reply declaration of Todd M. Shaughnessy (blk) (Entered: 08/24/2004)
08/23/2004252SEALED DOCUMENT entitled: Declaration of Brian W. Kernighan. Filed under seal and placed in the sealed room. (blk) (Entered: 08/24/2004)
08/23/2004253Ex parte motion by Intl Bus Mach Inc for leave to file overlength reply memo (blk) (Entered: 08/24/2004)
08/23/2004254Reply by SCO Grp 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, (blk) (Entered: 08/24/2004)
08/23/2004255Ex parte motion by SCO Grp for leave to file overlength memorandum (blk) (Entered: 08/24/2004)
08/23/2004256REDACTED Reply by Intl Bus Mach Inc to response to [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement (blk) (Entered: 08/24/2004)
08/23/2004257SEALED Reply by Intl Bus Mach Inc 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) (blk) (Entered: 08/24/2004)
08/24/2004258Order granting [248-1] ex parte motion for leave to file overlength memorandum in support of motion to strike signed by Judge Dale A. Kimball , 8/24/04 cc:atty (blk) (Entered: 08/25/2004)
08/24/2004259Order granting [253-1] ex parte motion for leave to file overlength reply memo signed by Judge Dale A. Kimball , 8/24/04 cc:atty (blk) (Entered: 08/25/2004)
08/24/2004260Order granting [255-1] ex parte motion for leave to file overlength memorandum signed by Judge Dale A. Kimball , 8/24/04 cc:atty (blk) (Entered: 08/25/2004)
08/25/2004261Memorandum by Intl Bus Mach Inc in opposition to [245-1] ex parte motion for leave to file a supplemental memo re: discovery (blk) (Entered: 08/26/2004)
08/26/2004263Ex parte motion by SCO Grp for leave to file overlength memorandum re: renewed motion to compell (blk) (Entered: 08/27/2004)
08/26/2004264Reply by SCO Grp to response to [190-1] renewed motion to compel discovery (blk) (Entered: 08/27/2004)
08/26/2004265Memorandum by SCO Grp in opposition to [212-1] motion to strike the 7/12/04 Declaration of Christopher Sontag (blk) (Entered: 08/27/2004)
08/26/2004266Declaration of Christopher Sontag Re: [265-1] opposition memorandum (blk) (Entered: 08/27/2004)
08/27/2004262Notice of Hearing filed : Motion hearing set for 2:30 12/9/04 for [233-1] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim), set for 2:30 12/9/04 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) (blk) (Entered: 08/27/2004)
08/27/2004267Order granting [263-1] ex parte motion for leave to file overlength memorandum re: renewed motion to compell signed by Judge Dale A. Kimball , 8/27/04 cc:atty (blk) (Entered: 08/30/2004)
09/01/2004268Notice of Hearing filed : Motion hearing set for 2:00 9/15/04 for [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement, set for 2:00 9/15/04 for [144-1] amended motion to Dismiss To be held before Judge Kimball cc:atty ( Ntc generated by: KJ) (blk) (Entered: 09/01/2004)
09/03/2004269SEALED Reply by SCO Grp to response to [245-1] ex parte motion for leave to file a supplemental memo re: discovery (ce) (Entered: 09/07/2004)
09/03/2004270Sealed ex parte order granting [245-1] ex parte motion for leave to file a supplemental memo re: discovery signed by Judge Brooke C. Wells , 9/3/04 cc:atty (kvs) (Entered: 09/08/2004)
09/07/2004271SEALED Memorandum by Intl Bus Mach Inc in support of [212-1] motion to strike the 7/12/04 Declaration of Christopher Sontag (blk) (Entered: 09/09/2004)
09/07/2004272Ex parte motion by SCO Grp for leave to file over-length memorandum re: opposition to IBM's Motion to Strike Materials (blk) (Entered: 09/09/2004)
09/07/2004 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 (blk) Modified on 09/09/2004 (Entered: 09/09/2004)
09/07/2004273Supplemental Declaration of Christopher Sontag Re: In Support of SCO's Opposition to IBM's Motion to Strike (blk) (Entered: 09/09/2004)
09/07/2004274Supplemental Declaration of Sandeep Gupta Re: SCO's Opposition to IBM's Motion to Strike (blk) (Entered: 09/09/2004)
09/07/2004275Supplemental Declaration of John Harrop Re: In Support of SCO's Opposition to IBM's Motion to Strike (blk) (Entered: 09/09/2004)
09/07/2004276REDACTED Reply by Intl Bus Mach Inc to response to [212-1] motion to strike the 7/12/04 Declaration of Christopher Sontag (blk) (Entered: 09/09/2004)
09/07/2004286Memorandum by SCO Grp in opposition to [246-1] motion to strike materials submitted by SCO in opposition to IBM's cross-motion for partial summary jgm (blk) (Entered: 09/13/2004)
09/08/2004277Motion by SCO Grp 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) (blk) (Entered: 09/09/2004)
09/08/2004278Declaration of Martin Pfeffer (blk) (Entered: 09/09/2004)
09/08/2004279Memorandum by SCO Grp 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) (blk) (Entered: 09/09/2004)
09/08/2004280Certificate of service by SCO Grp re: responses to 5th set of interrogs (blk) (Entered: 09/09/2004)
09/08/2004281Expedited Motion by SCO Grp to enforce the Court's Amended Scheduling Order Dated June 10, 2004 (blk) (Entered: 09/09/2004)
09/08/2004282Ex parte motion by SCO Grp for leave to file over-length memorandum re: In support of Expedited Motion to Enforce (blk) (Entered: 09/09/2004)
09/08/2004 Proposed document from SCO Grp entitled : Sealed Memorandum in Support of Expedited Motion to Enforce (blk) (Entered: 09/09/2004)
09/08/2004283Ex parte motion by Intl Bus Mach Inc for leave to file a response to SCO's Supplement Memorandum Re: Discovery and to Continue Hearing Date (blk) (Entered: 09/09/2004)
09/08/2004290SEALED DOCUMENT filed by SCO entitled: Memorandum in Support of SCO's Expedited Motion to Enforce the Court's Amended Scheduling Order Dated June 10, 2004 (blk) Modified on 8/4/2005 by unsealing document and adding document image (blk, ). Additional attachment(s) added on 8/4/2005 (blk, ). (Entered: 09/13/2004)
09/09/2004291REDACTED Memorandum by SCO Grp in support of [281-1] expedited motion to enforce the Court's Amended Scheduling Order Dated June 10, 2004 (blk) (Entered: 09/13/2004)
09/09/20042923 volumes of Exhibits filed by plaintiff SCO Grp RE: [291-1] support memorandum, [290-1] sealed support memorandum re: expedited motion to enforce the court's amended scheduling order dated 6/10/04 (blk) (Entered: 09/13/2004)
09/09/2004293SEALED DOCUMENT filed by SCO entitled: Exhibits to Memorandum in Support of SCO's Expedited Motion to Enforce the Court's Amended Scheduling Order Dated 6/10/04 (blk) (Entered: 09/13/2004)
09/09/2004294Response by SCO Grp to [283-1] ex parte motion for leave to file a response to SCO's Supplement Memorandum Re: Discovery and to Continue Hearing Date (blk) (Entered: 09/13/2004)
09/10/2004284Order 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 9/14/04 is rescheduled: Motion hearing reset for 10:00 10/19/04 for [190-1] motion to compel discovery, set for 10:00 10/19/04 for [212-1] motion to strike the 7/12/04 Declaration of Christopher Sontag signed by Judge Brooke C. Wells , 9/10/04 cc:atty (blk) (Entered: 09/10/2004)
09/10/2004285Amended Magistrate Notice of Hearing Motion hearing reset for 10:00 10/19/04 for [212-1] motion to strike the 7/12/04 Declaration of Christopher Sontag, reset for 10:00 10/19/04 for [190-1] motion to compel discovery To be held before Judge Wells cc:atty ( Ntc generated by: JD) (blk) (Entered: 09/10/2004)
09/10/2004 Transcript of Proceedings for date(s) of 12/5/03, Motion to Compell hearing. Court Reporter: Dawn E. Brunner-Hahn (blk) (Entered: 09/13/2004)
09/13/2004295Memorandum by Intl Bus Mach Inc 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) (blk) (Entered: 09/13/2004)
09/13/2004296Order 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 10/13/04, signed by Judge Dale A. Kimball , 9/13/04 cc:atty (blk) (Entered: 09/13/2004)
09/13/2004297Order 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 , 9/13/04 cc:atty (blk) (Entered: 09/13/2004)
09/13/2004298Order 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 , 9/13/04 cc:atty (blk) (Entered: 09/13/2004)
09/13/2004299Ex parte emergency motion by SCO Grp for a scheduling conference (blk) (Entered: 09/14/2004)
09/13/2004300Memorandum by SCO Grp in support of [299-1] ex parte emergency motion for a scheduling conference (blk) (Entered: 09/14/2004)
09/13/2004301Reply by Intl Bus Mach Inc to response to [246-1] motion to strike materials submitted by SCO in opposition to IBM's cross-motion for partial summary jgm (blk) (Entered: 09/14/2004)
09/15/2004302Minute entry: Motion hearing held for [212-1] motion to strike the 7/12/04 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 7/12/04 Declaration of Christopher Sontag taken under advisement ; Judge: DAK Court Reporter: Becky Janke Court Deputy: Kim Jones (kj) (Entered: 09/16/2004)
09/22/2004303Memorandum by Intl Bus Mach Inc 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) (Entered: 09/24/2004)
09/24/2004304SEALED DOCUMENT filed by IBM entitled: IBM's Opposition to SCO's Supplemental Memorandum Re Discovery (blk) (Entered: 09/27/2004)
09/24/2004305SEALED DOCUMENT filed by IBM entitled: Declaration of Ron Saint Pierre (blk) (Entered: 09/27/2004)
09/24/2004306SEALED DOCUMENT filed by IBM entitled: Declaration of David Bullis (blk) (Entered: 09/27/2004)
09/24/2004307SEALED DOCUMENT filed by SCO entitled: 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 (blk) (Entered: 09/27/2004)
09/24/2004308REDACTED VERSION OF DOC NO. 307 - Reply by SCO Grp to response to [281-1] motion to enforce the Court's Amended Scheduling Order Dated June 10, 2004 (blk) (Entered: 09/27/2004)
09/24/2004309Ex parte motion by SCO Grp for leave to file over-length memorandum re: consolidated reply memo in further support (blk) (Entered: 09/27/2004)
09/27/2004310Order 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 , 9/27/04 cc:atty (blk) (Entered: 09/27/2004)
09/29/2004311Stipulation 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 10/4/04 (blk) (Entered: 09/30/2004)
09/30/2004312Order granting [311-1] stipulation motion to extend time for pla to reply to opposition to supp memo re disc up to and including 10/4/04 signed by Judge Dale A. Kimball , 9/30/04 cc:atty (blk) (Entered: 09/30/2004)
10/01/2004313Order 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 , 9/30/04 cc:atty (blk) (Entered: 10/01/2004)
10/04/2004314Ex parte motion by Intl Bus Mach Inc for leave to file overlength memorandum: Reply brief in further support of supplemental memorandum re discovery (blk) (Entered: 10/05/2004)
10/04/2004316SEALED Reply brief filed by SCO Grp RE: Sealed Supplemental Mem re: Discovery [287-1] document(s), [163-1] memo re: discovery (blk) (Entered: 10/06/2004)
10/04/2004317SEALED Declaration of Jermey O. Evans Re: [316-1] brief reply (blk) Modified on 8/4/2005 by unsealing document and adding document image (blk, ). Additional attachment(s) added on 8/4/2005 (blk, ). (Entered: 10/06/2004)
10/05/2004315Order 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 , 10/5/04 cc:atty (blk) (Entered: 10/05/2004)
10/06/2004318Motion and Order signed by Judge Dale A. Kimball, 10/6/04. Granting motion/PHV for Attorney Edward Normand, Sean Eskovitz on behalf of plaintiff SCO Grp cc:attys (alt) (Entered: 10/08/2004)
10/12/2004319Joint 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 (blk) (Entered: 10/13/2004)
10/13/2004320Order 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 11/23/04 signed by Judge Dale A. Kimball , 10/13/04 cc:atty (blk) (Entered: 10/14/2004)
10/14/2004321Ex parte motion by SCO Grp for leave to file overlength memorandum (blk) (Entered: 10/15/2004)
10/14/2004322Motion by SCO Grp to amend complaint (for leave to file 3rd amended complaint) (blk) (Entered: 10/15/2004)
10/14/2004323SEALED Memorandum by SCO Grp in support of [322-1] motion to amend complaint (for leave to file 3rd amended complaint) (blk) (Entered: 10/15/2004)
10/15/2004324Order granting [321-1] ex parte motion for leave to file overlength memorandum signed by Judge Dale A. Kimball , 10/15/04 cc:atty (blk) (Entered: 10/18/2004)
10/18/2004325Certificate of service re: ntc deposition David Bullis by SCO Grp (blk) (Entered: 10/19/2004)
10/18/2004326Certificate of service re: ntc deposition William Sandve by SCO Grp (blk) (Entered: 10/19/2004)
10/19/2004327Minute 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 (alp) (Entered: 10/19/2004)
10/20/2004328Order, re: SCO's renewed Motion 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 10/19/04. 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 , 10/20/04 cc:atty (blk) (Entered: 10/21/2004)
10/27/2004329Stipulation by Intl Bus Mach Inc to amend briefing re: motion for leave to file 3rd amended complaint (blk) (Entered: 10/28/2004)
10/28/2004330Order 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 11/23/04; and SCO's reply due 12/21/04 signed by Judge Dale A. Kimball , 10/27/04 cc:atty (blk) (Entered: 10/28/2004)
11/19/2004331SEALED Declaration of Alec S. Berman (blk) (Entered: 11/22/2004)
11/19/2004332SEALED Declaration of Irving Wladawsky-Berger Re: (blk) (Entered: 11/22/2004)
11/19/2004333SEALED Declaration of Samuel J. Palmisano (blk) (Entered: 11/22/2004)
11/19/2004334SEALED Declaration of Andrew Bonzani (blk) (Entered: 11/22/2004)
11/23/2004335Stipulation by Intl Bus Mach Inc to amend briefing on pending motions (blk) (Entered: 11/24/2004)
11/24/2004336Order granting [335-1] stipulation motion to amend briefing on pending motions signed by Judge Dale A. Kimball , 11/24/04 cc:atty (blk) (Entered: 11/24/2004)
11/30/2004337SEALED DOCUMENT entitled: IBM's opposition to SCO's motion for leave to file a third amended complaint pursuant to FRCivP 15(a) and 16(b) (blk) (Entered: 12/01/2004)
11/30/2004338Motion by Intl Bus Mach Inc for leave to file overlength memo in opposition re: SCO's motion for leave to file third amd cmp (blk) (Entered: 12/01/2004)
11/30/2004340Motion to intervene and to unseal court's file by G2 Computer Intel (blk) Modified on 01/21/2005 (Entered: 12/01/2004)
11/30/2004341Memorandum by G2 Computer Intel in support of [340-1] motion to intervene by G2 Computer Intel (blk) (Entered: 12/01/2004)
11/30/2004342Memorandum by SCO Grp in opposition to [233-1] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim) (blk) (Entered: 12/01/2004)
11/30/2004343Motion by SCO Grp pursuant to Rule 56(f) in further opposition to IBM's Motion for Summary Jgm on SCO's Contract Claims (blk) (Entered: 12/01/2004)
11/30/2004344Declaration of Edward Normand filed by SCO (blk) (Entered: 12/01/2004)
11/30/2004345SEALED DOCUMENT entitled: DECLARATION of Todd M. Shaughnessy in support of IBM's opposition to SCO's Motion for Leave to File a Third Amended Complaint (blk) (Entered: 12/01/2004)
11/30/2004346SEALED DOCUMENT entitled: Memorandum in Opposition to IBM's Motion for Summary Jgm on SCO's Breach of Contract Claims (blk) (Entered: 12/01/2004)
12/01/2004339Motion by SCO Grp for leave to file overlength memo re: IBM's motion for summary jgm on breach of contract claims (blk) (Entered: 12/01/2004)
12/01/2004347AUTHORITITES 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 (blk) Modified on 12/02/2004 (Entered: 12/02/2004)
12/01/2004348Declaration 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) (blk) (Entered: 12/02/2004)
12/01/2004349Exhibits filed by plaintiff SCO Grp RE: [348-1] declaration (blk) (Entered: 12/02/2004)
12/01/2004350SEALED Exhibits filed by plaintiff SCO Grp RE: [348-1] declaration (blk) (Entered: 12/02/2004)
12/01/2004351Order 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 , 12/1/04 cc:atty (blk) (Entered: 12/02/2004)
12/01/2004352Order 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 , 12/1/04 cc:atty (blk) (Entered: 12/02/2004)
12/09/2004353Correction/Errata to [342-1] opposition memorandum filed by SCO Grp . (blk) (Entered: 12/10/2004)
12/13/2004354Certificate of service re: subpoena duces tecum upon PointServe by Intl Bus Mach Inc (blk) (Entered: 12/13/2004)
12/16/2004355Stipulation by SCO Grp to extend time up to 12/29/04 to file reply to IBM's opposition to motion for leave to file 3rd amd complaint (blk) (Entered: 12/16/2004)
12/16/2004356Motion and Order signed by Judge Dale A. Kimball , 12/14/04 Granting motion/PHV for Attorney Stuart H. Singer on behalf of plaintiff SCO Grp cc:attys (blk) (Entered: 12/16/2004)
12/16/2004357Order granting [355-1] stipulation motion to extend time up to 12/29/04 to file reply to IBM's opposition to motion for leave to file 3rd amd complaint signed by Judge Dale A. Kimball , 12/16/04 cc:atty (blk) (Entered: 12/16/2004)
12/20/2004358Stipulation by SCO Grp to extend time to respond to Motion to intervene and to unseal up to and including 1/7/05 (blk) Modified on 12/21/2004 (Entered: 12/21/2004)
12/20/2004359Certificate of service re: discovery by SCO Grp (blk) (Entered: 12/21/2004)
12/20/2004360Ex parte motion by Intl Bus Mach Inc to extend time to file response to motion to intervene and unseal by 1/20/05 (blk) (Entered: 12/21/2004)
12/21/2004361Order granting [360-1] ex parte motion to extend time to file response to motion to intervene and unseal by 1/20/05 signed by Judge Dale A. Kimball , 12/21/04 cc:atty (blk) (Entered: 12/21/2004)
12/21/2004362Response by G2 Computer Intel to [360-1] ex parte motion to extend time to file response to motion to intervene and unseal by 1/20/05 (blk) (Entered: 12/22/2004)
12/22/2004363Order granting [358-1] stipulation motion to extend time to respond to Motion to intervene and to unseal up to and including 1/7/05 signed by Judge Dale A. Kimball , 12/21/04 cc:atty (blk) (Entered: 12/22/2004)
12/23/2004364Substitution Exhibit 19 filed by plaintiff SCO Grp RE: [348-1] declaration of Jeremy O. Evans (blk) (Entered: 12/23/2004)
12/23/2004365SEALED DOCUMENT filed by SCO entitled: Pla's Memorandum in Support of Renewed Motion to Compel Discovery (blk) Modified on 7/14/2005 by UNSEALING DOCUMENT per agreement of parties and attaching document image(blk, ). Additional attachment(s) added on 7/14/2005 (blk, ). (Entered: 12/28/2004)
12/23/2004366Renewed Motion by SCO Grp to compel Discovery (blk) (Entered: 12/28/2004)
12/28/2004367Return of service executed on 12/9/04 of subpoena upon PointeServe (blk) (Entered: 12/29/2004)
12/29/2004368Ex parte motion by SCO Grp for leave to file overlength reply memo re: motion for leave to file third amd complaint (blk) (Entered: 12/30/2004)
12/29/2004369***SEALED***Reply by SCO Grp to response to [322-1] motion to amend complaint (for leave to file 3rd amended complaint) (blk) Additional attachment(s) added on 8/4/2005 (blk, ). Modified on 8/4/2005 by unsealing document and adding document image (blk, ). (Entered: 12/30/2004)
12/30/2004370Ex 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 12/30/04 cc: atty (tsh) (Entered: 01/03/2005)
01/03/2005371Certificate of service by SCO Grp re: discovery (blk) Modified on 01/06/2005 (Entered: 01/05/2005)
01/07/2005372Stipulation by Intl Bus Mach Inc amend/to extend time for briefing as follows: IBM's mem opp to SCO' renewed motion to compel disc due 2/4/05; IBM's reply mem sup re: motion for partial sum jgm on breach of contract claims due 2/25/05; and, IBM's reply memo in support of motion for partial sum jgm on counterclaim for copyright infringement 8th counterclaim due on 2/25/05 (blk) (Entered: 01/07/2005)
01/07/2005373Order 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 2/4/05; IBM's reply mem sup re: motion for partial sum jgm on breach of contract claims due 2/25/05; and, IBM's reply memo in support of motion for partial sum jgm on counterclaim for copyright infringement 8th counterclaim due on 2/25/05 signed by Judge Dale A. Kimball , 1/7/05 cc:atty (blk) (Entered: 01/10/2005)
01/12/2005374Motion by SCO Grp to compel IBM to produce Samuel J. Palmisano for deposition (blk) Modified on 01/14/2005 (Entered: 01/13/2005)
01/12/2005375SEALED - Memorandum by SCO Grp in support of [374-1] motion to compel IBM to produce Samuel J. Palmisano for deposition (blk) Modified on 01/14/2005 Additional attachment(s) added on 8/4/2005 (blk, ). Modified on 8/4/2005 by unsealing document and adding document image (blk, ). (Entered: 01/13/2005)
01/12/2005376Certificate of service re: discovery by Intl Bus Mach Inc (blk) (Entered: 01/13/2005)
01/18/2005377Order granting in part, denying in part [366-1] motion to compel Discovery, striking amended scheduling [177-1] order discovery due set for 4/22/05, [177-2] relief motion filing deadline set for 5/20/05, [177-3] relief Final Pretrial Conference set for 2:30 10/10/05, [177-4] relief 5-Week Jury trial set for 8:30 11/1/05, [177-5] relief , The discovery ordered by the court is due 3/18/05 , The Court ORDERS both parties to meet and confer re: a new schedule and to submit a proposed amended shceduling order to the court by 3/25/05 signed by Judge Brooke C. Wells , 1/18/05 cc:atty (blk) (Entered: 01/19/2005)
01/19/2005380Motion 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) (tsh) (Entered: 01/21/2005)
01/19/2005381Certificate of service by Intl Bus Mach Inc 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.) (tsh) (Entered: 01/21/2005)
01/19/2005382Certificate of service by Intl Bus Mach Inc 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.) (tsh) (Entered: 01/21/2005)
01/20/2005378Response by SCO Grp to [340-1] motion to intervene and to unseal court's file by G2 Computer Intel (blk) (Entered: 01/21/2005)
01/20/2005379Memorandum by Intl Bus Mach Inc in opposition to [340-1] motion to intervene and to unseal court's file by G2 Computer Intel (blk) (Entered: 01/21/2005)
01/24/2005383Objections to Notice of Deposition (The Click-Wrap Notice) by SCO Grp (blk) (Entered: 01/25/2005)
01/24/2005384Objections to IBM's Notice of Deposition (The Compression Notice) by SCO Grp (blk) (Entered: 01/25/2005)
01/24/2005385Objections to IBM's Notice of Deposition (The Configurable High Availability Notice) by SCO Grp (blk) (Entered: 01/25/2005)
01/28/2005386Stipulation 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 2/11/05; SCO's reply memo in support of its renewed Motion to Compel by 2/25/05; SCO's reply memo re motion to compel IBM to produce Samuel Palmisano for Deposition due by 3/4/05 (blk) (Entered: 01/28/2005)
01/28/2005387Order 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 2/11/05; SCO's reply memo in support of its renewed Motion to Compel by 2/25/05; SCO's reply memo re motion to compel IBM to produce Samuel Palmisano for Deposition due by 3/4/05 signed by Judge Dale A. Kimball , 1/28/05 cc:atty (blk) (Entered: 01/31/2005)
01/28/2005388Ex parte motion by Intl Bus Mach Inc for leave to file sur-reply brief (blk) (Entered: 01/31/2005)
01/31/2005389Reply 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 (blk) (Entered: 02/01/2005)
02/01/2005390Certificate of service re: Subpoena Duces Tecum upon Hewlett-Packard by Intl Bus Mach Inc (blk) (Entered: 02/01/2005)
02/01/2005391Ex parte motion by Intl Bus Mach Inc to extend time to submit objections to discovery order (blk) (Entered: 02/01/2005)
02/01/2005392Order granting [388-1] ex parte motion for leave to file sur-reply brief signed by Judge Brooke C. Wells , 2/1/05 cc:atty (blk) (Entered: 02/02/2005)
02/02/2005393Order granting [391-1] ex parte motion to extend time to submit objections to discovery order signed by Judge Dale A. Kimball , 2/1/05 cc:atty (blk) (Entered: 02/02/2005)
02/02/2005394Memorandum by SCO Grp in opposition to [391-1] ex parte motion to extend time to submit objections to discovery order (blk) (Entered: 02/02/2005)
02/04/2005395Memorandum by Intl Bus Mach Inc in opposition to [190-1] renewed motion to compel discovery (blk) (Entered: 02/08/2005)
02/04/2005396Certificate of service re: discovery by Intl Bus Mach Inc (blk) (Entered: 02/08/2005)
02/08/2005397Certificate of service re: discovery by Intl Bus Mach Inc (blk) (Entered: 02/08/2005)
02/09/2005398Memorandum Decision denying [144-1] amended motion to Dismiss, denying [144-2] amended motion 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 [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement, mooting [195-1] motion in further opposition to IBM's Motion for Partial Summary Jgm, denying [246-1] 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 [225-1] motion for partial summary judgment on Breach of Contract Claims, denying without prejudice to renew or refile after discovery is complete [233-1] 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 [313-1] 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 2/8/05 cc:atty (blk) (Entered: 02/09/2005)
02/11/2005399Stipulation by Intl Bus Mach Inc to extend time for filing privilege logs no later than 3/10/05; objections within 30 days thereafter, by 4/9/05 (blk) (Entered: 02/11/2005)
02/11/2005400Stipulation 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 2/18/05; SCO's reply due by 3/11/05 (blk) (Entered: 02/11/2005)
02/11/2005401Order 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 2/18/05; SCO's reply due by 3/11/05 signed by Judge Brooke C. Wells , 2/11/05 cc:atty (blk) (Entered: 02/11/2005)
02/11/2005402Order granting [399-1] stipulation motion to extend time for filing privilege logs no later than 3/10/05; objections within 30 days thereafter, by 4/9/05 signed by Judge Brooke C. Wells , 2/11/05 cc:atty (blk) (Entered: 02/11/2005)
02/11/2005403Motion by Intl Bus Mach Inc for reconsideration of [377-1] order striking amended scheduling [177-1] order discovery due set for 4/22/05, [177-2] relief motion filing deadline set for 5/20/05, [177-3] relief Final Pretrial Conference set for 2:30 10/10/05, [177-4] relief 5-Week Jury trial set for 8:30 11/1/05, [177-5] relief (blk) (Entered: 02/14/2005)
02/18/2005404Ex parte motion by Intl Bus Mach Inc for leave to file overlength sur-reply memo re: motion to file 3rd amd cmp (blk) (Entered: 02/22/2005)
02/18/2005405Motion by Intl Bus Mach Inc for entry of order limiting scope of IBM's ninth counterclaim (blk) (Entered: 02/22/2005)
02/18/2005406SEALED DOCUMENT filed by IBM entitled: Memorandum in Opposition to SCO's motion to compel IBM to produce Samuel J. Palmisano for deposition (blk) (Entered: 02/22/2005)
02/18/2005407SEALED DOCUMENT filed by IBM entitled: Sur-reply memo in further opposition to SCO's motion for leave to file a third amd complaint (blk) (Entered: 02/22/2005)
02/22/2005408Order 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 , 2/22/05 cc:atty (blk) (Entered: 02/23/2005)
02/25/2005409SEALED DOCUMENT entitled: SCO's Reply Memo in Further Support of Renewed Motion to Compel Discovery (blk) (Entered: 02/28/2005)
02/28/2005410Memorandum by SCO Grp in opposition to [403-1] motion for reconsideration of [377-1] order striking amended scheduling [177-1] order discovery due set for 4/22/05, [177-2] relief motion filing deadline set for 5/20/05, [177-3] relief Final Pretrial Conference set for 2:30 10/10/05, [177-4] relief 5-Week Jury trial set for 8:30 11/1/05, [177-5] relief (blk) (Entered: 03/01/2005)
03/02/2005411Certificate of service re: discovery by SCO Grp (blk) (Entered: 03/03/2005)
03/04/2005412Motion by SCO Grp to extend time to file response to motion for entry of order by 3/23/05 (blk) (Entered: 03/07/2005)
03/08/2005413Order granting [412-1] motion to extend time to file response to motion for entry of order by 3/23/05 signed by Judge Dale A. Kimball , 3/7/05 cc:atty (blk) (Entered: 03/08/2005)
03/09/2005414Motion by Intl Bus Mach Inc to extend time to comply with 1/18/05 order by 45 days or by 5/3/05 (blk) (Entered: 03/10/2005)
03/10/2005415*SEALED* Notice of filing entitled: IBM's Privilege Log Group Email List filed by Intl Bus Mach Inc (blk) Modified on 03/11/2005 (Entered: 03/11/2005)
03/10/2005416*SEALED* Notice of filing entitled: IBM's Privilege Log, filed by Intl Bus Mach Inc (Oversized Document) (blk) Modified on 03/11/2005 (Entered: 03/11/2005)
03/10/2005417Certificate of service [416-1] file notice, [415-1] file notice by Intl Bus Mach Inc (blk) (Entered: 03/11/2005)
03/10/2005418SEALED DOCUMENT entitled: SCO's Privilege Log, filed by SCO Group (blk) (Entered: 03/11/2005)
03/11/2005419SEALED DOCUMENT entilted: Reply memorandum in support of SCO's Motion to compel IBM to produce Samuel J. Palmisano for deposition (blk) (Entered: 03/14/2005)
03/14/2005420Reply by Intl Bus Mach Inc to response to [403-1] motion for reconsideration of [377-1] order striking amended scheduling [177-1] order discovery due set for 4/22/05, [177-2] relief motion filing deadline set for 5/20/05, [177-3] relief Final Pretrial Conference set for 2:30 10/10/05, [177-4] relief 5-Week Jury trial set for 8:30 11/1/05, [177-5] relief (blk) (Entered: 03/15/2005)
03/15/2005421Memorandum by SCO Grp in opposition to [414-1] motion to extend time to comply with 1/18/05 order by 45 days or by 5/3/05 (blk) (Entered: 03/15/2005)
03/17/2005422Notice of Hearing filed : Motion hearing set for 3:00 4/21/05 for [374-1] motion to compel IBM to produce Samuel J. Palmisano for deposition, set for 3:00 4/21/05 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) (blk) (Entered: 03/17/2005)
03/17/2005423Notice of Hearing filed : Motion hearing set for 3:00 4/26/05 for [340-1] motion to intervene and to unseal court's file by G2 Computer Intel, set for 3:00 4/26/05 for [380-2] motion to intervene (joined with [340-1] motion by G2 Computer Intelligence), set for 3:00 4/26/05 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) (blk) (Entered: 03/17/2005)
03/17/2005424Order granting [414-1] motion to extend time to comply with 1/18/05 order by 45 days or by 5/3/05 signed by Judge Dale A. Kimball , 3/16/05 cc:atty (blk) (Entered: 03/17/2005)
03/23/2005425SEALED DOCUMENT entitled: Memorandum in Opposition to IBM's Motion for Entry of Order Limiting Scope of IBM's Ninth Counterclaim (blk) Modified on 8/4/2005 by unsealing this document(blk, ). Additional attachment(s) added on 8/4/2005 (blk, ). (Entered: 03/24/2005)
03/25/2005426Memorandum by Intl Bus Mach Inc in support of proposed scheduling order (tsh) (Entered: 03/28/2005)
04/01/2005427Memorandum by SCO Grp in support of SCO's proposed scheduling order (alt) (Entered: 04/01/2005)
04/01/2005427Request for Oral Argument filed by SCO Grp on [427-1] support memorandum (alt) (Entered: 04/01/2005)
04/01/2005428Reply by Intl Bus Mach Inc to response to [405-1] motion for entry of order limiting scope of IBM's ninth counterclaim (blk) (Entered: 04/04/2005)
04/11/2005429Ex parte motion by SCO Grp to vacate/adjourn the April 21, 2005 Argument on SCO's Motion to Amend Complaint (blk) (Entered: 04/12/2005)
04/11/2005430Memorandum by Intl Bus Mach Inc in further support of proposed scheduling order (blk) (Entered: 04/12/2005)
04/11/2005431Objections by Intl Bus Mach Inc to SCO's privilege log (blk) (Entered: 04/12/2005)
04/11/2005432SEALED DOCUMENT filed by SCO entitled: 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 (blk) Modified on 8/4/2005 by unsealing document and adding image (blk, ). Additional attachment(s) added on 8/4/2005 (blk, ). (Entered: 04/12/2005)
04/12/2005435Memorandum by Intl Bus Mach Inc in opposition to [429-1] ex parte motion to vacate/adjourn the April 21, 2005 Argument on SCO's Motion to Amend Complaint (blk) (Entered: 04/15/2005)
04/13/2005433Reply by SCO Grp to response to [429-1] ex parte motion to vacate/adjourn the April 21, 2005 Argument on SCO's Motion to Amend Complaint (blk) (Entered: 04/13/2005)
04/13/2005434Order 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 , 4/13/05 cc:atty (blk) (Entered: 04/14/2005)
04/20/2005436Order 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 4/22/05, [177-2] relief motion filing deadline set for 5/20/05, [177-3] relief Final Pretrial Conference set for 2:30 10/10/05, [177-4] relief 5-Week Jury trial set for 8:30 11/1/05, [177-5] relief (see order for specifics) signed by Judge Brooke C. Wells , 4/19/05 cc:atty (blk) (Entered: 04/20/2005)
04/21/2005437Minute 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 (kj) (Entered: 04/25/2005)
04/28/2005438Order 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 , 4/28/05 cc:atty (blk) (Entered: 04/29/2005)
05/02/2005439 MOTION for order approving stipulation regarding responses to privilege log objections filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 05/02/2005)
05/02/2005440ORDER granting/approving 439 Motion re: Responses to Privilege Log Objections. . Signed by Judge Dale A. Kimball on 5/2/05. (blk, ) (Entered: 05/03/2005)
05/03/2005441DECLARATION of Todd M. Shaughnessy filed by International Business Machines Corporation. (blk, ) (Entered: 05/04/2005)
05/04/2005442REDACTION to [406] Sealed Document entitled: Memorandum in Opposition to SCOs Motion to Compel IBM to Produce Samuel J. Palmisano for Deposition by Defendant International Business Machines Corporation. (blk, ) (Entered: 05/05/2005)
05/04/2005443REDACTION to [332] Declaration of Irving Wladawsky-Berger by Defendant International Business Machines Corporation. (blk, ) (Entered: 05/05/2005)
05/04/2005444REDACTION to [304] Sealed Document entitled: Opposition to SCOs Supplemental Memorandum Regarding Discovery by Defendant International Business Machines Corporation. (blk, ) (Entered: 05/05/2005)
05/04/2005445REDACTION to [334] Declaration of Andrew Bonzani by Defendant International Business Machines Corporation. (blk, ) (Entered: 05/05/2005)
05/04/2005446REDACTION to [331] Declaration of Alec S. Berman by Defendant International Business Machines Corporation. (blk, ) (Entered: 05/05/2005)
05/04/2005447REDACTION to [407] Sealed Document entitled: Sur-reply Memorandum in Further Opposition to SCOs Motion for Leave to File a Third Amended Complaint by Defendant International Business Machines Corporation. (Attachments: # 1 exhibits a-m# 2 # 3 # 4)(blk, ) (Entered: 05/05/2005)
05/04/2005448REDACTION to [333] Declaration of Samuel J. Palmisano by Defendant International Business Machines Corporation. (blk, ) (Entered: 05/05/2005)
05/27/2005449NOTICE of regarding unsealing of documents pursuant to 4/28/05 order by International Business Machines Corporation re 438 Order, (blk, ) (Entered: 05/31/2005)
05/27/2005450STATUS REPORT in compliance with the courts 4/28/05 Order regarding the unsealing of documents by SCO Group. (blk, ) (Entered: 05/31/2005)
06/03/2005451SCOs UPDATED REPORT in compliance with the Courts 4/28/05 order regarding the unsealing of documents by SCO Group. (blk, ) (Entered: 06/07/2005)
06/16/2005452NOTICE of Unsealing by SCO Group (blk, ) (Entered: 06/20/2005)
06/20/2005453REDACTION to [271] Memorandum in Support of Motion by Defendant International Business Machines Corporation. (blk, ) (Entered: 06/27/2005)
06/20/2005454REDACTION to [230] Sealed Document/Memo in Support by Defendant International Business Machines Corporation. (Attachments: # 1 # 2)(blk, ) (Entered: 06/27/2005)
06/20/2005455REDACTION to [257] Reply Memorandum/Reply to Response to Motion by Defendant International Business Machines Corporation. (blk, ) (Entered: 06/27/2005)
06/20/2005456REDACTION to [252] Sealed Document/Declaration of Brian W. Kernighan by Defendant International Business Machines Corporation. (blk, ) (Entered: 06/27/2005)
06/20/2005457REDACTION to [227] Declaration of Todd M. Shaughnessy, [228] Exhibits by Defendant International Business Machines Corporation. (blk, ) (Entered: 06/27/2005)
06/20/2005458REDACTION to [239] Sealed Document, [238] Exhibits, [237] Declaration of Amy F. Sorenson by Defendant International Business Machines Corporation. (blk, ) (Entered: 06/27/2005)
06/20/2005459REDACTION 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. (blk, ) (Entered: 06/27/2005)
06/20/2005460REDACTION 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. (blk, ) (Entered: 06/27/2005)
06/20/2005461REDACTION 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. (blk, ) (Entered: 06/27/2005)
06/20/2005462REDACTION 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. (blk, ) (Entered: 06/27/2005)
06/20/2005463REDACTION 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. (blk, ) (Entered: 06/27/2005)
06/20/2005464REDACTION 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. (blk, ) (Entered: 06/27/2005)
06/27/2005465REDACTION/Unsealed filing to [337] Sealed Document/Memo in Opposition by Defendant International Business Machines Corporation. (blk, ) (Entered: 06/29/2005)
07/01/2005466MEMORANDUM 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 7/1/05. (ce, ) (Entered: 07/01/2005)
07/01/2005 Set Deadlines/Hearings per order no 466: Discovery due by 3/17/2006. Motions due by 7/28/2006. Pretrial Order due by 1/19/2007. Five Week Jury Trial set for 2/26/2007 08:30 AM in Room 220 before Judge Dale A. Kimball. (ce, ) (Entered: 07/01/2005)
07/05/2005467REDACTION to [197] Sealed Document: Declaration of Sandeep Gupta by Plaintiff SCO Group. (blk, ) (Entered: 07/14/2005)
07/05/2005468REDACTION to 203 Sealed Document: Declaration of Chris Sontag by Plaintiff SCO Group. (blk, ) (Entered: 07/14/2005)
07/05/2005469REDACTION to [350] Exhibit S-8 to Declaration of Jeremy O. Evans by Plaintiff SCO Group. (blk, ) (Entered: 07/14/2005)
07/05/2005470REDACTION to [316] Reply Brief by Plaintiff SCO Group. (blk, ) (Entered: 07/14/2005)
07/05/2005472REDACTION to 365 Sealed Document, by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/05/2005473NOTICE of filing: Letter from SCO to the Court dated 4/25/05 by SCO Group (blk, ) (Entered: 08/04/2005)
07/05/2005474NOTICE of filing: Letter from SCO to the Court dated 4/19/05 by SCO Group (blk, ) (Entered: 08/04/2005)
07/05/2005475NOTICE of filing: Letter from IBM to the Court dated 4/28/05 by International Business Machines Corporation (blk, ) (Entered: 08/04/2005)
07/05/2005476REDACTION to [198] Declaration - Sealed Document by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/05/2005477REDACTION to 317 Declaration by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/05/2005478REDACTION to 206 Exhibit-S3, by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/05/2005479REDACTION to [269] Reply Memorandum/Reply to Response to Motion by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/05/2005480REDACTION to [419] Sealed Document Reply Memo re: SCO's Motion to Compel IBM to Produce Samuel J. Palmisano for Deposition by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/05/2005481REDACTION to [409] Sealed Document/ reply memo re: Renewed Motion to Compel Discovery by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/05/2005482REDACTION to [287] Sealed Document/Supplemental Memorandum re Discovery by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/05/2005484REDACTION to [191] Sealed Document/Exhibits by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/05/2005485REDACTION to [198] Sealed Document/Exhibits by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/05/2005486REDACTION to 206 Exhibits, by Plaintiff SCO Group. (blk, ) Modified on 8/4/2005 by correcting filed date (blk, ). (Entered: 08/04/2005)
07/05/2005487REDACTION to 206 Exhibits, (Part 2 of docket #486 ) by Plaintiff SCO Group. (blk, ) Modified on 8/4/2005 by correcting filed date (blk, ). (Entered: 08/04/2005)
07/05/2005488REDACTION to 206 Exhibits, (additional to exhibits in #486 by Plaintiff SCO Group. (Attachments: # 1 # 2 # 3)(blk, ) (Entered: 08/04/2005)
07/05/2005497REDACTION to [197] Sealed Document Exhibits by Plaintiff SCO Group. (Attachments: # 1 # 2 # 3 # 4 # 5)(blk, ) Additional attachment(s) added on 8/4/2005 (blk, ). (Entered: 08/04/2005)
07/06/2005483REDACTION to [350] Exhibits by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/06/2005489REDACTION to 317 Declaration Exhibits by Plaintiff SCO Group. (Attachments: # 1)(blk, ) (Entered: 08/04/2005)
07/06/2005490REDACTION to 425 Exhibits to Sealed Document, by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/06/2005491REDACTION to 432 Sealed Document Exibits, by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/06/2005492REDACTION 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 8/4/2005 by correcting filed date (blk, ). (Entered: 08/04/2005)
07/06/2005493REDACTION to 365 Sealed Document Exhibits, by Plaintiff SCO Group. (Attachments: # 1)(blk, ) Modified on 8/4/2005 by correcting filed date (blk, ). (Entered: 08/04/2005)
07/06/2005494REDACTION to [419] Sealed Document Exhibits by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/06/2005495REDACTION to [323] Exhibits to Memorandum in Support of Motion by Plaintiff SCO Group. (Attachments: # 1 # 2)(blk, ) (Entered: 08/04/2005)
07/06/2005496REDACTION to [409] Sealed Document Exhibits by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/28/2005498REDACTION to [323] Memorandum in Support of Motion by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
07/28/2005499REDACTION to [323] Exhibit 7 of Memorandum in Support of Motion by Plaintiff SCO Group. (blk, ) (Entered: 08/04/2005)
08/01/2005471ORDER Limiting the Scope of IBM's Ninth Counterclaim. Signed by Judge Dale A. Kimball on 8/1/05. (ce, ) (Entered: 08/02/2005)
08/19/2005500CERTIFICATE OF SERVICE re: discovery by International Business Machines Corporation (blk, ) (Entered: 08/23/2005)
08/19/2005501CERTIFICATE OF SERVICE re: discovery by International Business Machines Corporation (blk, ) (Entered: 08/23/2005)
09/06/2005502**RESTRICTED DOCUMENT** TRANSCRIPT of Proceedings held on SEPTEMBER 15, 2004(ARGUMENT ON MOTION) before Judge DALE A. KIMBALL. Court Reporter: REBECCA JANKE. (asp) (Entered: 09/06/2005)
09/06/2005503 RENEWED MOTION to Compel discovery filed by Plaintiff SCO Group. (kvs, ) (Entered: 09/07/2005)
09/06/2005504REDACTED MEMORANDUM in Support re 503 RENEWED MOTION to Compel discovery filed by Plaintiff SCO Group. (kvs, ) Modified on 9/7/2005 (kvs, ). (Entered: 09/07/2005)
09/12/2005505NOTICE OF HEARING ON MOTION re: 503 MOTION to Compel discovery: Motion Hearing set for 10/7/2005 at 10:00 AM in Room 436 before Magistrate Judge Brooke C. Wells. (jwd, ) (Entered: 09/12/2005)
09/12/2005506MOTION/ORDER granting motion for Admission Pro Hac Vice for of J. Matthew Donohue for SCO Group.
Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 9/12/05. (blk, ) (Entered: 09/13/2005)
09/12/2005507MOTION/ORDER granting motion for Admission Pro Hac Vice for of Daniel P. Filor for SCO Group.
Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 9/12/05. (blk, ) (Entered: 09/13/2005)
09/20/2005508 Expedited MOTION and Supporting Memorandum for Discovery/for leave to take additional depositions filed by Plaintiff SCO Group. (blk, ) (Entered: 09/21/2005)
09/20/2005509CERTIFICATE OF SERVICE re: discovery by International Business Machines Corporation (blk, ) (Entered: 09/21/2005)
09/21/2005510AMENDED 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 10/7/2005 10:00 AM in Room 436 before Magistrate Judge Brooke C. Wells. (jwd, ) (Entered: 09/21/2005)
09/21/2005511 STIPULATION/MOTION for Extension of Time to Respond to Renewed Motion to Compel filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 09/23/2005)
09/23/2005512ORDER granting 511 Motion for Extension of Time to respond to renewed motion to compel by 9/26/05. Signed by Judge Dale A. Kimball on 9/22/05. (blk, ) (Entered: 09/26/2005)
09/26/2005513MEMORANDUM in Opposition re 503 SCO's Renewed MOTION to Compel discovery filed by Defendant International Business Machines Corporation. (ce, ) (Entered: 09/27/2005)
09/26/2005514 MOTION to Compel production of documents on SCO's privilege log filed by Defendant International Business Machines Corporation. Oral argument requested. (ce, ) (Entered: 09/27/2005)
09/26/2005515REQUEST for Oral Argument re 514 MOTION to Compel production of documents on SCO's privilege log filed by Defendant International Business Machines Corporation. (ce, ) (Entered: 09/27/2005)
09/26/2005516MEMORANDUM in Support re 514 MOTION to Compel production of documents on SCO's privilege log filed by Defendant International Business Machines Corporation. (ce, ) (Entered: 09/27/2005)
09/26/2005517DECLARATION of Daniel Frye re 514 MOTION to Compel production of documents on SCO's privilege log filed by International Business Machines Corporation. (ce, ) (Entered: 09/27/2005)
09/26/2005518DECLARATION of Todd M. Shaughnessy re 513 Memorandum in Opposition to Motion filed by International Business Machines Corporation. (blk, ) (Entered: 09/29/2005)
09/26/2005519DECLARATION of Amy F. Sorenson re 514 MOTION to Compel production of documents on SCO's privilege log filed by International Business Machines Corporation. (Attachments: # 1 2nd half of document)(blk, ) (Entered: 09/29/2005)
09/26/2005520**SEALED DOCUMENT** 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 filed by Defendant International Business Machines Corporation. (ce, ) (Entered: 09/29/2005)
09/30/2005521SECOND 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 10/7/2005 at 10:00 AM before Magistrate Judge Brooke C. Wells, however, it will be heard in Courtroom 220. (jwd, ) (Entered: 09/30/2005)
10/05/2005522REPLY to Response to Motion re 503 MOTION to Compel discovery filed by Plaintiff SCO Group. (blk, ) (Entered: 10/06/2005)
10/06/2005523MEMORANDUM in Opposition re 508 MOTION for Discovery/to take additional depositions filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 10/06/2005)
10/06/2005525STIPULATION of Dismissal re: Counterclaims by International Business Machines Corporation. (blk, ) (Entered: 10/12/2005)
10/07/2005524Minute Entry for proceedings held before Judge Brooke C. Wells : Motion Hearing held on 10/7/2005 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 12/20/05 at 10:00 a.m. as to dft's remaining motion to compel and pla's renewed motion to be filed by 10/21/05. 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.(Court Reporter Kelly Hicken.) (alp, ) (Entered: 10/07/2005)
10/11/2005526ORDER that IBMs 11th counterclaim, 12th counterclaim, and 13th counterclaim, from IBMs 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 10/10/05. (blk, ) (Entered: 10/12/2005)
10/11/2005527UNSEALED DECLARATION of Todd M. Shaughnessy re [345] Sealed Document filed by International Business Machines Corporation. (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.) (blk, ) (Entered: 10/13/2005)
10/11/2005528UNSEALED DECLARATION of Amy F. Sorenson re [220] Sealed Document, [219] Declaration filed by International Business Machines Corporation. (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.) (blk, ) (Entered: 10/13/2005)
10/11/2005529NOTICE of unsealing documents by International Business Machines Corporation re 527 Declaration,, 528 Declaration, (blk, ) (Entered: 10/13/2005)
10/13/2005530ORDER re 503 MOTION to Compel discovery filed by SCO Group, 508 MOTION for Discovery filed by SCO Group, 366 Motion to Compel filed by SCO Group . Signed by Judge Brooke C. Wells on 10/12/05. (ce, ) (Entered: 10/18/2005)
10/17/2005531 STIPULATED MOTION for Extension of Time Until 10/21/05 to File Response/Reply to 514 MOTION to Compel production of documents on SCO's privilege log filed by Defendant International Business Machines Corporation, Plaintiff SCO Group. (ce, ) (Entered: 10/19/2005)
10/18/2005533ORDER re 531 sStipulated MOTION for Extension of Time to File Response/Reply as to 514 MOTION to Compel production of documents on SCO's privilege log filed by International Business Machines Corporation, SCO Group. SCO's memo in opposition to IBM's motion to compel production of documents on SCO's privilege log is due 10/21/05 . Signed by Judge Dale A. Kimball on 10/18/05. (ce, ) (Entered: 10/21/2005)
10/20/2005532ORDER granting 531 Stipulated Motion for Extension of Time to File Response/Reply to 514 MOTION to Compel production of documents on SCO's privilege log. SCO is to file their opposition by 10/21/05. IBM is to file any reply by 11/4/2005. By Judge Brooke C. Wells on 10/20/05. (mjw, ) (Entered: 10/20/2005)
10/21/2005534 Plas New Renewed MOTION to Compel Discovery filed by Plaintiff SCO Group. (blk, ) (Entered: 10/24/2005)
10/21/2005535 MEMORANDUM in Opposition re 514 MOTION to Compel production of documents on SCO's privilege log filed by Plaintiff SCO Group. (blk, ) (Entered: 10/24/2005)
10/27/2005537 MOTION to Compel Discovery filed by Plaintiff SCO Group. (blk, ) (Entered: 10/31/2005)
10/27/2005538 MEMORANDUM in Support re 537 MOTION to Compel Discovery filed by Plaintiff SCO Group. (blk, ) (Entered: 10/31/2005)
10/27/2005539OBJECTIONS to 530 Order of Magistrate dated 10/12/05 filed by Plaintiff SCO Group. (blk, ) (Entered: 10/31/2005)
10/27/2005540 Memorandum in Support re 539 Objections filed by Plaintiff SCO Group. (blk, ) (Entered: 10/31/2005)
10/28/2005536NOTICE OF HEARING ON MOTION re: 514 MOTION to Compel production of documents on SCO's privilege log, 534 MOTION to Compel Discovery: Motion Hearing set for 12/20/2005 at 10:00 AM in Room 220 before Magistrate Judge Brooke C. Wells. (jwd, ) (Entered: 10/28/2005)
10/28/2005541**SEALED DOCUMENT**entitled: SCO's Revised Supplemental Response to Dfts Six Sets of Interrogatories filed by Plaintiff SCO Group. (blk, ) (Entered: 11/01/2005)
10/28/2005542NOTICE OF FILING of Interim Disclosure of Material Misused by IBM filed by Plaintiff SCO Group. (blk, ) (Entered: 11/01/2005)
10/28/2005543CERTIFICATE OF SERVICE of Subpoena Duces Tecum upon KPMG by International Business Machines Corporation (blk, ) (Entered: 11/01/2005)
10/28/2005544**SEALED DOCUMENT** Exhibit 1 re 542 Notice of Filing filed by Plaintiff SCO Group. (Clerks Note: Document is oversized and not scanned. It will be retained in the courts sealed room) (blk, ) (Entered: 11/01/2005)
10/31/2005545**SEALED DOCUMENT**APPENDIX VOLUMES I THROUGH X to [544] Sealed Document - Exhibit 1 to SCOs Interim disclosure of Material Misused by IBM filed by Plaintiff SCO Group. (CLERKS NOTE: These Appendixes are oversized (not scanned) and housed in 5 bankers boxes. They will be retained in the courts sealed room. They were also filed on disk for the use of the Judges Chambers) (blk, ) (Entered: 11/01/2005)
11/01/2005546NOTICE OF HEARING: (Notice generated by Kim Jones) Status Conference set for 11/3/2005 10:30 AM in Room 220 before Judge Dale A. Kimball. (kmj, ) (Entered: 11/01/2005)
11/03/2005547**SEALED DOCUMENT** Corrections to [544] Sealed Document/Exhibit 1 to SCOs Interim Disclosure of Material Misused by IBM filed by Plaintiff SCO Group. (blk, ) (Entered: 11/04/2005)
11/04/2005548 MOTION for Extension of Time to File Response/Reply by 11/11/05 as to 514 MOTION to Compel production of documents on SCO's privilege log filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 11/07/2005)
11/08/2005549ORDER granting 548 Motion for Extension of Time to File Response/Reply re 514 MOTION to Compel production of documents on SCO's privilege log Replies due by 11/11/2005.. Signed by Judge Dale A. Kimball on 11/7/05. (blk, ) (Entered: 11/08/2005)
11/08/2005550NOTICE OF/CERTIFICATE OF SERVICE re: subpoena upon Arthur Anderson LLP c/o CT Corporation System by International Business Machines Corporation (blk, ) (Entered: 11/09/2005)
11/08/2005551NOTICE OF/CERTIFICATE OF SERVICE of subpoena upon Ernst & Young LLP c/o David R. Jolley by International Business Machines Corporation (blk, ) (Entered: 11/09/2005)
11/08/2005552 MEMORANDUM in Opposition re 534 New Renewed MOTION to Compel Discovery filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 11/09/2005)
11/09/2005553AFFIDAVIT OF SERVICE for subpoena served on KPMG/Craig Omer on 10/31/05, filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 11/10/2005)
11/09/2005554CERTIFICATE OF SERVICE of Subpoena Duces Tecum upon Deloitte & Toche c/o Paul G. Child by International Business Machines Corporation (blk, ) (Entered: 11/10/2005)
11/10/2005555 STIPULATED MOTION for Extension of Time until 12/8/05 for dft to file its reply memorandum in support of its motion to compel production of documents from SCO privilege log filed by Defendant International Business Machines Corporation, Plaintiff SCO Group. (kvs, ) (Entered: 11/14/2005)
11/14/2005556ORDER granting 555 Motion for Extension of Time to file reply memo by 12/8/05. Signed by Judge Dale A. Kimball on 11/14/05. (blk, ) (Entered: 11/14/2005)
11/14/2005557 STIPULATION/MOTION for Extension of Time for IBM to respond to SCOs Motion to Compel Discovery by 11/21/05, and for IBM to respond to SCO's Objection to Magistrates Order of 10/12/05 by 11/21/05 filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 11/15/2005)
11/14/2005558**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena served on Deloitte & Touche, c/o Thomas T. Rich on 11/9/05, filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 11/15/2005)
11/14/2005559**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena served on Ernst & Young, c/o David Jolley on 11/8/05, filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 11/15/2005)
11/17/2005560**RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena served on Arthur Andersen c.o CT corporation System on 11/9/05, filed by Defendant International Business Machines Corporation. (kvs, ) (Entered: 11/18/2005)
11/21/2005561 MEMORANDUM in Opposition re 537 MOTION to Compel Discovery filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 11/22/2005)
11/21/2005562 Opposition Memorandum re 539 Objections to Magistrates Decision of 10/12/05 filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 11/22/2005)
11/23/2005563ORDER granting 557 Motion for Extension of Time . Signed by Judge Dale A. Kimball on 11/23/05. (blk, ) (Entered: 11/23/2005)
11/23/2005564REPLY to Response to Motion re 534 New Renewed MOTION to Compel Discovery filed by Plaintiff SCO Group. (blk, ) (Entered: 11/28/2005)
12/02/2005565NOTICE OF MISCELLANEOUS HEARING: (Notice generated by Kim Jones) Miscellaneous Hearing re: objections to Magistrate Order set for 12/13/2005 10:30 AM in Room 220. (kmj, ) (Entered: 12/02/2005)
12/06/2005566REPLY to Response to Motion re 537 MOTION to Compel Discovery filed by Plaintiff SCO Group. (blk, ) (Entered: 12/07/2005)
12/06/2005567 Reply Memorandum in support of 539 Objections filed by Plaintiff SCO Group. (blk, ) (Entered: 12/07/2005)
12/07/2005568 MOTION to Seal re [566] Reply Memorandum/Reply to Response to Motion filed by Plaintiff SCO Group. (blk, ) (Entered: 12/07/2005)
12/07/2005569 MOTION to Seal re [567] Memorandum (NOT to motion) filed by Plaintiff SCO Group. (blk, ) (Entered: 12/07/2005)
12/07/2005570STIPULATION RE: Scheduling Order by International Business Machines Corporation. (blk, ) (Entered: 12/09/2005)
12/08/2005572REDACTION to [571] Sealed Document: IBM's Reply Memorandum in Support of Motion to Compel Production of Documents on SCO' Privilege Log by Defendant International Business Machines Corporation. (blk, ) (Entered: 12/09/2005)
12/08/2005574 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 6/20/03 filed by Defendant International Business Machines Corporation. (blk, ) Modified on 12/9/2005 (blk, ). (Entered: 12/09/2005)
12/08/2005579**SEALED DOCUMENT** Exhibit 4 to 578 Declaration of Todd M. Shaughnessy, filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 12/12/2005)
12/09/2005575ORDER granting 574 Motion to eliminate limitations on the number of requests for admissions. Signed by Judge Brooke C. Wells on 12/9/05. (blk, ) (Entered: 12/12/2005)
12/09/2005576ORDER granting 568 Motion to Seal . Signed by Judge Dale A. Kimball on 12/8/05. (blk, ) (Entered: 12/12/2005)
12/09/2005577ORDER granting 569 Motion to Seal . Signed by Judge Dale A. Kimball on 12/8/05. (blk, ) (Entered: 12/12/2005)
12/09/2005578DECLARATION of Todd M. Shaughnessy re [573] IBM's Reply Memo in Support of Motion to Compel Production of Documents on SCOs Privilege Log, filed by International Business Machines Corporation. (Clerks Note: This document is the same as [571] Sealed Declaration, which was filed mistakenly under seal) (blk, ) (Entered: 12/12/2005)
12/13/2005580Minute Entry for proceedings held before Judge Dale A. Kimball : Miscellaneous Hearing re: pla's objections to Magistrate Judge's order held on 12/13/2005. 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 Shaunessy.(Court Reporter : Mindy Powers.) (kmj, ) (Entered: 12/13/2005)
12/14/2005581CERTIFICATE OF SERVICE re: discovery by International Business Machines Corporation (kla, ) (Entered: 12/15/2005)
12/14/2005582 MOTION for Protective Order filed by Plaintiff SCO Group. (blk, ) (Entered: 12/16/2005)
12/15/2005584ORDER RE: Requests for Admission. It is hereby ordered that the limit on the number of requests for admission contained in the Scheduling Order entered by Magistrate Judge Nuffer on 6/20/03 be and hereby is eliminated.. Signed by Judge Dale A. Kimball on 12/9/05. (blk, ) (Entered: 12/16/2005)
12/16/2005583ORDER overruling SCO's Objection to Magistrate Judge's Order of October 12, 2005 and AFFIRMING Magistrate Judge's Order. Signed by Judge Dale A. Kimball on 12/16/05. (awm, ) (Entered: 12/16/2005)
12/16/2005585CERTIFICATE OF SERVICE re: discovery by International Business Machines Corporation (kla, ) (Entered: 12/19/2005)
12/20/2005586ORDER Regarding Third Party Subpoena Production. Signed by Judge Brooke C. Wells on 12/20/05. (blk, ) (Entered: 12/20/2005)
12/20/2005587Minute Entry for proceedings held before Judge Brooke C. Wells :, Motion Hearing held on 12/20/2005. 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 1/6/06, 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 1/6/06; 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.) (alp, ) (Entered: 12/20/2005)
12/21/2005588Modification of Docket: Error: The previous minute entry contains an error as to ruling on motions. Correction: Motion 534 is GRANTED IN PART AND DENIED IN PART with affidavits due on 1/6/06; Motion 537 is MOOT per Judge Kimball's ruling. (alp, ) (Entered: 12/21/2005)
12/21/2005 Minute Entry for proceedings held before Judge Brooke C. Wells : Telephone Conference held on 12/21/2005. Court hears discussion by both parties re: Requests for Admissions (RFAs). Due date of 1/20/06 is set for both parties, for both discovery periods. Parties will agree to any additional RFAs that may be provided after 1/20/06.Attorney for Plaintiff: Ted Normand, Attorney for Defendant Todd Shaughnessey. (alp, ) (Entered: 12/21/2005)
12/22/2005 Modification of Docket: Error: the minute entry for the previous teleconference states that the due date for RFAs for both parties and both discovery periods is 1/20/06. Correction: After further clarification, the order will be that the RFAs for the INITIAL discovery period will be 1/20/06. The rest of the order stands. (alp, ) (Entered: 12/22/2005)
12/22/2005589NOTICE OF FILING of Disclosure of Material Misused by IBM filed by Plaintiff SCO Group. (blk, ) (Entered: 12/27/2005)
12/22/2005590**SEALED DOCUMENT**Entitled: SCOs Second Revised Supplemental Response to Defendants Six Sets of Interrogatories filed by Plaintiff SCO Group. (blk, ) (Entered: 12/27/2005)
12/22/2005591**SEALED DOCUMENT** Entitled: Appendix Volumes I-XX to 589 Disclosure of Material Misused by IBM filed by Plaintiff SCO Group. (CLERKS 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.) (blk, ) (Entered: 12/27/2005)
12/29/2005592 MOTION to Compel Discovery filed by Plaintiff SCO Group. (blk, ) (Entered: 01/03/2006)
12/29/2005593 MOTION for Leave to File Excess Pages filed by Plaintiff SCO Group. (blk, ) (Entered: 01/03/2006)
12/29/2005594**SEALED DOCUMENT** Memorandum in Support re 592 MOTION to Compel Discovery filed by Plaintiff SCO Group. (blk, ) (Entered: 01/03/2006)
01/03/2006595**SEALED DOCUMENT** DECLARATION of Mark F. James re 592 MOTION to Compel Discovery filed by SCO Group. (Clerks Note: Exhibits to this are oversized and have not been scanned and attached as an electronic image. Document will be retained in the clerks office sealed room.) (blk, ) Modified on 1/6/2006 - sealed document (rak, ). (Entered: 01/03/2006)
01/06/2006596ORDER granting 593 Motion for Leave to File Excess Pages by Judge Brooke C. Wells on 1/6/06. (mjw, ) (Entered: 01/06/2006)
01/06/2006597DECLARATION of Nicholas S. Bowen filed by International Business Machines Corporation. (kla, ) (Entered: 01/09/2006)
01/06/2006598DECLARATION of Paul M. Horn filed by International Business Machines Corporation. (kla, ) (Entered: 01/09/2006)
01/11/2006599**RESTRICTED DOCUMENT** RETURN OF SERVICE/Acceptance of Service Executed for Subpoena served on PricewaterhouseCoopers LLC, Ivan P. Stolze on 1/4/06, filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 01/12/2006)
01/17/2006600 MEMORANDUM in Opposition re 592 MOTION to Compel Discovery filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 01/19/2006)
01/17/2006601DECLARATION of Todd M. Shaughnessy filed by International Business Machines Corporation. (blk, ) (Entered: 01/19/2006)
01/19/2006602Minute Entry for proceedings held before Judge Brooke C. Wells : Telephone Conference held on 1/19/2006 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. (alp, ) (Entered: 01/19/2006)
01/24/2006603**RESTRICTED DOCUMENT** TRANSCRIPT of Proceedings held on December 13, 2005(Miscellaneous Hearing) before Judge DALE A. KIMBALL. Court Reporter: Mindi Powers. (asp, ) (Entered: 01/24/2006)
01/26/2006604Minute Entry for proceedings held before Judge Brooke C. Wells : Telephone Conference held on 1/26/2006. The Court hears arguments as to depositions as rules as follows: The depositions of Otis Wilson and Ted Kennedy ONLY may be extended by 30 days (by 2/26/05). 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. (alp, ) (Entered: 01/26/2006)
01/27/2006607 MOTION for Leave to Take Certain Prospective Depositions filed by Plaintiff SCO Group (alt) (Entered: 01/31/2006)
01/31/2006605CERTIFICATE OF SERVICE by International Business Machines Corporation to SCO's Ninth Request for the Production of Documents (Shaughnessy, Todd) Modified on 1/31/2006 - the incorrect PDF was attached to this entry. This certificate of service will be re-efiled by counsel. (ce, ). (Entered: 01/31/2006)
01/31/2006606CERTIFICATE OF SERVICE by International Business Machines Corporation to SCO's Sixth Set of Interrogatories (Shaughnessy, Todd) (Entered: 01/31/2006)
01/31/2006608CERTIFICATE 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) (Entered: 01/31/2006)
01/31/2006609Modification 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, ) (Entered: 01/31/2006)
01/31/2006610**SEALED DOCUMENT** Reply Memorandum in Support of 592 MOTION to Compel Discovery filed by Plaintiff SCO Group. (blk, ) (Entered: 02/03/2006)
02/01/2006611REDACTION to [610] Sealed Document entitled: Reply Memorandum in Support of Motion to Compel Discovery by Plaintiff SCO Group. (blk, ) (Entered: 02/03/2006)
02/07/2006612NOTICE of Appearance by Mark A. Wagner on behalf of Intel Corporation (kla, ) (Entered: 02/08/2006)
02/07/2006613RESPONSE to Motion re 607 MOTION for Leave to Take Certain Prospective Depositions filed by Interested Party Intel Corporation. (kla, ) (Entered: 02/08/2006)
02/08/2006614MOTION/ORDER granting motion for Admission Pro Hac Vice for of Jessica L. Everett-Garcia for Intel Corporation, Anthony L. Marks for Intel Corporation.
Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 2/8/06. (blk, ) Additional attachment(s) added on 2/8/2006 (blk, ). (Entered: 02/08/2006)
02/08/2006615Modification of Docket: Error: Document image did not attach to docket entry. Correction: Attached document image to docket entry and to this entry for viewing and downloading. re 614 Motion/Order Pro Hac Vice,. (blk, ) (Entered: 02/08/2006)
02/10/2006616NOTICE OF HEARING ON MOTION re: 607 MOTION for Leave to Take Certain Prospective Depositions, 592 MOTION to Compel Discovery: Motion Hearing set for 2/24/2006 at 09:30 AM in Room 220 before Magistrate Judge Brooke C. Wells. (jwd, ) (Entered: 02/10/2006)
02/10/2006618REDACTION to 592 MOTION to Compel Discovery entitled: Declaration of Mark F. James in Support of Plaintiff's Motion to Compel by Plaintiff SCO Group. (kla, ) (Entered: 02/13/2006)
02/10/2006621REDACTION to 592 MOTION to Compel Discovery entitled: Memorandum in Support of Plaintiff's Motion to Compel by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1 - Plaintiff's Fifth Request for Production of Documents# 2 Exhibit 2 - IBM's Responses and Objections to SCO's Fifth Request for the Production of Documents# 3 Exhibit 3 to 17 Filed Under Seal# 4 Exhibit 18 - Plaintiff's Seventh Request for Production of Documents# 5 Exhibit 19 - IBM's Responses and Objections to SCO's Seventh Request for the Production of Documents# 6 Exhibit 20 to 21 Filed Under Seal# 7 Exhibit 22 - SCO's Amended Notice of 30(b)(6) Deposition# 8 Exhibit 23 - Correspondence# 9 Exhibit 24 to 29 Filed Under Seal# 10 Exhibit 30 - SCO's Amended Notice of 30(b)(6) Deposition# 11 Exhibit 31 - Correspondence# 12 Exhibit 32 to 33 Filed Under Seal# 13 Exhibit 34 - Correspondence)(kla, ) (Entered: 02/13/2006)
02/13/2006617 MEMORANDUM in Opposition re 607 MOTION for Leave to Take Certain Prospective Depositions filed by Defendant International Business Machines Corporation. (Attachments: # 1 # 2 # 3 # 4)(Shaughnessy, Todd) (Entered: 02/13/2006)
02/13/2006619Defendant's MOTION to Limit SCO's Claims Relating to Allegedly Misused Material filed by Defendant International Business Machines Corporation. (Shaughnessy, Todd) (Entered: 02/13/2006)
02/13/2006620 MEMORANDUM in Support re 619 Defendant's MOTION to Limit SCO's Claims Relating to Allegedly Misused Material filed by Defendant International Business Machines Corporation. (Attachments: # 1 Exhibit A,B)(Shaughnessy, Todd) (Entered: 02/13/2006)
02/13/2006622AMENDED 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 2/24/2006 at 09:30 AM in Room 220 before Magistrate Judge Brooke C. Wells has been reset for 2/24/2006 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, ) (Entered: 02/13/2006)
02/13/2006623**SEALED DOCUMENT** Exhibit 4 to 617 Memorandum in Opposition to Motion filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 02/14/2006)
02/14/2006626**SEALED DOCUMENT** Reply Memorandum in Support of 607 MOTION for Leave to Take Certain Prospective Depositions filed by Plaintiff SCO Group. (blk, ) (Entered: 02/15/2006)
02/15/2006624CERTIFICATE OF SERVICE by International Business Machines Corporation of IBM's Seventh Set of Interrogatories (Shaughnessy, Todd) (Entered: 02/15/2006)
02/15/2006625CERTIFICATE OF SERVICE by International Business Machines Corporation of IBM's Eleventh Set of Requests for Admission (Shaughnessy, Todd) (Entered: 02/15/2006)
02/15/2006627CERTIFICATE OF SERVICE by International Business Machines Corporation of IBM's Eighth Request for the Production of Documents (Shaughnessy, Todd) (Entered: 02/15/2006)
02/17/2006628REDACTION to [626] Sealed Document: Reply Memorandum in Support of Motion for Leave to Take Certain Prospective Depositions by Plaintiff SCO Group. (blk, ) (Entered: 02/21/2006)
02/17/2006629 STIPULATION & JOINT MOTION regarding requests for admission filed by Defendant International Business Machines Corporation, Plaintiff SCO Group. (blk, ) (Entered: 02/21/2006)
02/21/2006630NOTICE of Service of Subpoenas Duces Tecum by International Business Machines Corporation (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Sorenson, Amy) (Entered: 02/21/2006)
02/22/2006631NOTICE of Service of Subpoena Duces Tecum by International Business Machines Corporation re Houlihan Valuation Advisors (Attachments: # (1) Exhibit Exhibit A Part 1# (2) Exhibit Exhibit A Part 2# (3) Exhibit Exhibit A Part 3# (4) Exhibit Exhibit A Part 4)(Donaldson, Peter) (Entered: 02/22/2006)
02/24/2006633Minute Entry for proceedings held before Judge Brooke C. Wells : Motion Hearing held on 2/24/2006. 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.) (alp, ) (Entered: 03/01/2006)
02/28/2006632NOTICE of SERVICE OF SUBPOENAS DUCES TECUM by International Business Machines Corporation (Attachments: # 1 Exhibit A and B)(Donaldson, Peter) (Entered: 02/28/2006)
03/01/2006634AFFIDAVIT OF SERVICE for Subpoena in a Civil Case served on Ricardo Miranda/Registered Agent/Houlihan Valuation Advisors on 2/23/2006, filed by Defendant International Business Machines Corporation. (Donaldson, Peter) (Entered: 03/01/2006)
03/02/2006635AFFIDAVIT OF SERVICE for Subpoena in a Civil Case served on Michael Sean Wilson on 2-22-2006, filed by Defendant International Business Machines Corporation. (Donaldson, Peter) (Entered: 03/02/2006)
03/02/2006636AFFIDAVIT OF SERVICE for Subpoena In A Civil Case served on Prentice-Hall/Registered Agent/McGraw-Hill on 3-1-2006, filed by Defendant International Business Machines Corporation. (Donaldson, Peter) (Entered: 03/02/2006)
03/03/2006637ORDER granting 629 STIPULATION & JOINT MOTION regarding requests for admission signed by Judge Brooke C. Wells on 3/3/06. (mjw, ) (Entered: 03/03/2006)
03/03/2006638Remark: Letters Rogatory issued by the clerk's office and given to counsel Todd M. Shaughnnessy. (jwt, ) (Entered: 03/03/2006)
03/03/2006646Minute Entry for proceedings held before Judge Brooke C. Wells : Telephone Conference held on 3/3/2006 regarding 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. (tsh, ) (Entered: 03/13/2006)
03/07/2006639 MOTION for Leave to File Excess Pages filed by Plaintiff SCO Group. (blk, ) (Entered: 03/08/2006)
03/07/2006643**SEALED DOCUMENT** Memorandum in Opposition to 619 Defendant's MOTION to Limit SCO's Claims Relating to Allegedly Misused Material filed by Plaintiff SCO Group. (blk, ) (Entered: 03/10/2006)
03/08/2006640ORDER granting 639 Motion for Leave to File Excess Pages . Signed by Judge Dale A. Kimball on 3/8/06. (blk, ) (Entered: 03/08/2006)
03/08/2006644**SEALED DOCUMENT** EXHIBITS TO [643] Sealed Memorandum in Opposition to IBMs Motion to Limit SCOs Claims Relating to Misused Material filed by Plaintiff SCO Group. (Clerks Note: This document is oversized and therefore not scanned and attached as a pdf. It will be retained in the clerks office sealed room for viewing by authorized persons only.) (blk, ) (Entered: 03/10/2006)
03/09/2006641Stipulated MOTION to Seal Confidential Documents re 631 Notice (Other), Notice (Other) filed by Defendant International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Shaughnessy, Todd) (Entered: 03/09/2006)
03/09/2006642NOTICE of Issuance of Subpoenas by International Business Machines Corporation (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D# 5 Exhibit Exhibit E)(Wheatley, Nathan) (Entered: 03/09/2006)
03/13/2006645AFFIDAVIT OF SERVICE for Subpoena In A Civil Case served on Robert Marsh on 2/27/2006, filed by Defendant International Business Machines Corporation. (Donaldson, Peter) (Entered: 03/13/2006)
03/13/2006647ORDER Granting in Part and Denying in Part #537 Renewed Motion to Compel - re [587] Order on Motion to Compel,,,,,,,,,,,, Order on Motion for Protective Order,,,, Motion Hearing,,,. Follows oral order of 12/20/05.. Signed by Judge Brooke C. Wells on 3/10/06. (blk, ) (Entered: 03/14/2006)
03/13/2006648 Stipulated MOTION filed by Defendant International Business Machines Corporation, Plaintiff SCO Group to Seal Document/Exhibits 1 and 2 of Attachment A to 631 Notice of Subpoena Duces Tecum re Houlihan Valuation Advisors filed by IBM on 2/22/06. (ce, ) (Entered: 03/15/2006)
03/13/2006649ORDER granting 641 Motion to Seal, granting 648 Motion to Seal Document 631 Notice of Subpoena Duces Tecum re Houlihan Valuation Advisors filed 2/22/06 by dft IBM - Exhibits 1 and 2 of Attachment A to the Subpoena are sealed . Signed by Judge Brooke C. Wells on 3/10/06. (ce, ) (Entered: 03/15/2006)
03/15/2006650AFFIDAVIT OF SERVICE for Subpoena In A Civil Case served on Scott Lemon on March 8, 2006, filed by Defendant International Business Machines Corporation. (Donaldson, Peter) (Entered: 03/15/2006)
03/17/2006651Stipulated MOTION for Extension of Time Discovery filed by Defendant International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Wheatley, Nathan) (Entered: 03/17/2006)
03/20/2006652ORDER granting 651 Motion for Extension of Time of Discovery Deadlines and Dispositive Motions Deadline. Signed by Judge Brooke C. Wells on 3/20/06. (blk, ) (Entered: 03/20/2006)
03/20/2006 Set/Reset Deadlines: Motions due by 8/4/2006. (blk, ) (Entered: 03/20/2006)
03/21/2006653Stipulated MOTION to Amend/Correct re Briefing filed by Defendant International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order)(Shaughnessy, Todd) (Entered: 03/21/2006)
03/22/2006654ORDER granting 653 Motion to Amend/Correct briefing re: #619Motion to Limit SCOs Claims. IBMs Reply Memo due 4/4/06. Signed by Judge Brooke C. Wells on 2/22/06. (blk, ) (Entered: 03/22/2006)
03/22/2006655NOTICE OF HEARING ON MOTION re: 619 Defendant's MOTION to Limit SCO's Claims Relating to Allegedly Misused Material: Motion Hearing set for 4/14/2006 at 03:00 PM in Room 220 before Magistrate Judge Brooke C. Wells. (jwd, ) (Entered: 03/22/2006)
03/22/2006656DOCUMENTS LODGED consisting of Order Re Briefing (an order from Magistrate Wells is already on file, see #654). (blk, ) (Entered: 03/23/2006)
04/04/2006657REPLY to Response to Motion re 619 Defendant's MOTION to Limit SCO's Claims Relating to Allegedly Misused Material filed by Defendant International Business Machines Corporation. (Attachments: # 1 # 2 # 3)(Shaughnessy, Todd) (Entered: 04/04/2006)
04/04/2006658DECLARATION of Randall Davis re 657 Reply Memorandum/Reply to Response to Motion filed by International Business Machines Corporation. (Attachments: # 1 # 2)(Shaughnessy, Todd) (Entered: 04/04/2006)
04/04/2006659NOTICE of REMOVING COUNSEL FROM SERVICE LIST filed by Anthony L. Marks, Mark A. Wagner.Attorney Anthony L. Marks, Mark A. Wagner will no longer receive notice from the court in this case including final judgment. (blk, ) (Entered: 04/05/2006)
04/04/2006660**SEALED DOCUMENT** Declaration of Todd M. Shaughnessy filed by Defendant International Business Machines Corporation. (blk, ) (Entered: 04/05/2006)
04/10/2006661 MOTION for Leave to File Declaration of Marc Rochkind filed by Plaintiff SCO Group. (blk, ) (Entered: 04/12/2006)
04/12/2006662AMENDED NOTICE OF HEARING ON MOTION re: 619 Defendant's MOTION to Limit SCO's Claims Relating to Allegedly Misused Material: Motion Hearing previously set for 4/14/06 at 3:00 PM has been reset for 4/14/2006 at 11:00 AM in Room 220 before Magistrate Judge Brooke C. Wells. [PLEASE NOTE TIME CHANGE].(jwd, ) (Entered: 04/12/2006)
04/12/2006663Stipulated MOTION to Amend/Correct 38 Protective Order filed by Defendant International Business Machines Corporation. (Attachments: # 1 Text of Proposed Order Addendum to Protective Order)(Sorenson, Amy) (Entered: 04/12/2006)
04/12/2006664 MEMORANDUM in Opposition re 661 MOTION for Leave to File Declaration of Marc Rochkind filed by Defendant International Business Machines Corporation. (Sorenson, Amy) (Entered: 04/12/2006)