The text below was provided to scofacts.org, in ASCII, by the court reporter.

For more information, see http://scofacts.org/courtroom.html#RH-2006-01-24.


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               IN THE UNITED STATES DISTRICT COURT

               IN AND FOR THE DISTRICT OF DELAWARE

                            - - -

RED HAT INC.,                     :    CIVIL ACTION
                                  :
            Plaintiff             :
                                  :
          vs.                     :
                                  :
THE SCO GROUP,                    :
                                  :
            Defendant             :    NO. 03-772 (SLR)

                            - - -

                                Wilmington, Delaware
                                Tuesday, January 24, 2006
                                10:05 o'clock, a.m.
                                ***  Telephone Conference

                            - - -

BEFORE:  HONORABLE SUE L. ROBINSON, Chief Judge

                            - - -

APPEARANCES:

            YOUNG CONAWAY STARGATT & TAYLOR, LLP
            BY:  JOSY W. INGERSOLL, ESQ.

                      -and-

            WILMER CUTLER PICKERING HALE AND DORR
            BY:  MARK G. MATUSCHAK, ESQ. and
                 MICHELLE D. MILLER, ESQ.
                 (Boston, Massachusetts)

                 Counsel for Plaintiff




                                     Valerie J. Gunning
                                     Official Court Reporter
                                                             
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APPEARANCES (Continued):

            MORRIS, NICHOLS, ARSHT & TUNNELL.
            BY:  JACK B. BLUMENFELD, ESQ.

                      -and-

            BOIES, SCHILLER & FLEXNER
            BY:  MAURICIO GONZALEZ, ESQ.
                 (Miami, Florida)

                 Counsel for Defendant

                      - - -








                     P R O C E E D I N G S



            (REPORTER'S NOTE:  The following telephone

telephone conference was held in chambers beginning at 10:05

a.m.)



            THE COURT:  Good morning, counsel.  This is Judge

Robinson and Valerie is here as our Court Reporter.

            As always, it would be helpful if you identified

yourselves by name each time you spoke so that our record is

clear.

            The reason I -- I wanted to get you all on the

line, I've been getting your status reports.  It wouldn't

appear as though the case is moving very quickly.  In fact,
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glacial might be the name for it.  And I think I had put our

case here, I had stayed it because I had an expectation that

the case out West would be moving more quickly and that it

made more sense for us to wait.  But I'm getting a little

concerned because the case has been around.  It's a '03 case

and we're now into '06.

            So could someone fill me in on what's factually

happening out there and whether there's any expectation that

you are going to get to trial and a resolution within the

next, I don't know, whenever.

            When is it scheduled to happen here?

            MR. GONZALEZ:  Your Honor, this is Mauricio

Gonzalez for the SCO Group.

            According to the scheduling order that's now in

effect, we're scheduled to go to trial in February 2007, and

Judge Kimble has been pretty, pretty solid in keeping us to

that schedule, so from our point of view, we would expect to

go to trial on that date, barring any other unusual

occurrences, of course.

            THE COURT:  All right.  And I can't recall, it

has been long enough, whether this was a contested stay or

whether there's someone who's not particularly happy with the

fact that this case is moving so slowly.

            MR. MATUSCHAK:  Your Honor, it's Mark Matuschak

for Red Hat.
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            Initially, I think the Court ordered the stay

sua sponte and we did it on behalf of Red Hat.  As the Court

indicated, that was a couple years ago, I believe, had

opposed the entry of the stay.  You know, we're in a slightly

different position I think today since we're two years down

the path, waiting for the IBM case to resolve.

            MR. GONZALEZ:  Did somebody --

            MR. MATUSCHAK:  No.  We're still here.

            THE COURT:  All right.  I guess I just wanted to

make sure that you all were confident that this case was

going to resolve.  I mean, we're still more than a year a

from a trial date.

            MR. GONZALEZ:  Your Honor, Mauricio Gonzalez

again.

            THE COURT:  Yes?

            MR. GONZALEZ:  Our fact discovery deadline on our

claims is this Friday, and then we have a March discovery

deadline in the IBM case on defenses to claims.  And then the

Court contemplates that in July we would have dispositive

motions and then again in February would be the trial, and

the Court has really, you know, gone out of its way to

prevent anything that would delay that schedule, so, again,

we've come a long way and I think now that we really have the

trial in sight, I think it makes sense to keep things as

they've been with the Red Hat
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case.

            THE COURT:  All right all right.  Well, I'm

willing to stay the course, but if that trial date gets moved

even a week, someone needs to let me know, and I'm going to

ramp this up because this is an old case that I get to report

to Washington because I've got an old case on my docket.

            MR. GONZALEZ:  Sure.

            THE COURT:  And that never makes me happy when

I've got matters to report that I have no control over.

            MR. GONZALEZ:  Sure.

            THE COURT:  All right.  All right.  Thank you

very much for your time, counsel.  Good-bye now.

            (Counsel respond, "Thank you, your Honor.")

            (Telephone conference concluded at 10:12 a.m.)

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