(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 Mac