18BA

  U.S. District Court
North Carolina Middle District (Durham)
CIVIL DOCKET FOR CASE #: 1:06-mc-00046-PTS


THE SCO GROUP, INC. v. INTERNATIONAL BUSINESS MACHINES CORPORATION
Assigned to:
Referred to: MAG/JUDGE P. TREVOR SHARP
Case in other court: District Court of Utah, 03CV0294

Date Filed: 04/12/2006
Plaintiff
THE SCO GROUP, INC.
Counterclaim-Defendant
represented byHEATHER HOWELL WRIGHT
SMITH MOORE, L.L.P.
POB 21927
GREENSBORO, NC 27420
336-378-5200
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

ROBERT R. MARCUS
SMITH MOORE, LLP
POB 21927
GREENSBORO, NC 27420
336-378-5365
Fax: 336-378-5400
Email: rob.marcus@smithmoorelaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

EDWARD NORMAND
BOIES, SCHILLER & FLEXNER LLP
333 MAIN STREET
ARMONK, NY 10504
US
914-749-8200
Fax: 914-749-8300
ATTORNEY TO BE NOTICED

V.
Defendant
INTERNATIONAL BUSINESS MACHINES CORPORATION
Counterclaim-Plaintiff
represented byMICHAEL T. MEDFORD
MANNING FULTON & SKINNER
POB 20389
RALEIGH, NC 27619-0389
919-787-8880
Fax: 919-787-8902
Email: medford@manningfulton.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

DAVID MARRIOTT
CRAVATH, SWAINE & MOORE LLP
WORLDWIDE PLAZA
825 EITH AVENUE
NEW YORK, NY 10019
US
Fax: 212-474-3700
ATTORNEY TO BE NOTICED

TODD SHAUGHNESSY
SNELL & WILMER LLP
1200 GATEWAY TOWER WEST
15 WEST SOUTH TEMPLE
SALT LAKE CITY, UT 84101-1004
US
Fax: 801-257-1800
ATTORNEY TO BE NOTICED
Deponent
OTIS L. WILSON represented byMICHAEL T. MEDFORD
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

04/12/2006 Filing fee: $39, receipt number 091210 (McClain, Abby) (Entered: 04/13/2006)
04/12/20061 MOTION to Enforce Subpoena and Compel Deposition by THE SCO GROUP, INC. (Attachments: # 1 Exhibit A)(McClain, Abby) (Entered: 04/13/2006)
04/12/20062MEMORANDUM filed by Plaintiff THE SCO GROUP, INC. in support of re 1 MOTION to Enforce Subpoena and Compel Deposition filed by THE SCO GROUP, INC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(McClain, Abby) (Entered: 04/13/2006)
04/12/20063 MOTION to Expedite Briefing Schedule by THE SCO GROUP, INC. (Attachments: # 1 Proposed Order)(McClain, Abby) (Entered: 04/13/2006)
04/12/2006 Case Assigned to Magistrate Judge P. TREVOR SHARP as referral Judge. (Powell, Gloria) (Entered: 04/13/2006)
04/17/2006 ***Motions Referred: 3 MOTION to Expedite Briefing Schedule to Magistrate Judge P. TREVOR SHARP - (Powell, Gloria) (Entered: 04/17/2006)
04/19/20064ORDER signed by Judge P. TREVOR SHARP on 4/19/06 that Plaintiff's motion to expedite briefing schedule (Pleading No. 3) is GRANTED and that Otis Wilson and/or IBM be required to file a Response Brief to SCO's Motion to Enforce Subpoena and Compel Deposition, if any, by 21 April 2006 and that SCO berequired to file a Reply Brief, if any, by 25 April 2006. (Wilson, JoAnne) (Entered: 04/19/2006)
04/21/20065Third Party MOTION to Quash Subpoena and for Protective Order by Otis L. Wilson. Responses due by 5/15/2006 (MEDFORD, MICHAEL) (Entered: 04/21/2006)
04/21/20066RESPONSE Memorandum in Support of Motion to Quash Subpoena and for Protective Order and in Response to Plaintiff's Motion to Enforce Subpoena and Compel Deposition filed by Deponent Otis L. Wilson re 1 MOTION to Enforce filed by THE SCO GROUP, INC., filed by Otis L. Wilson. Replies due by 5/2/2006. (Attachments: # 1 Exhibit Attachment 1.A Docket# 2 Exhibit Attachment 1.B Docket# 3 Exhibit Attachment 2 Second Amended Complaint# 4 Exhibit Attachment 3.A Wilson Deposition Transcript# 5 Exhibit Attachment 3.B Wilson Deposition Transcript# 6 Exhibit Attachment 3.C Wilson Deposition Transcript)(MEDFORD, MICHAEL) (Entered: 04/21/2006)
04/21/20067 Memorandum in Support of Otis Wilson's Motion to Quash Subpoena and for Protective Order BRIEF re 5 Third Party MOTION to Quash Subpoena and for Protective Order by Deponent Otis L. Wilson filed by Otis L. Wilson. (MEDFORD, MICHAEL) (Entered: 04/21/2006)
04/25/20068REPLY, filed by Plaintiff THE SCO GROUP, INC., to Response to 1 MOTION to Enforce Subpoena filed by THE SCO GROUP, INC.. (MARCUS, ROBERT) (Entered: 04/25/2006)
04/25/20069RESPONSE in Opposition re 5 Third Party MOTION to Quash Subpoena and for Protective Order filed by THE SCO GROUP, INC.. Replies due by 5/8/2006. (MARCUS, ROBERT) (Entered: 04/25/2006)
04/26/2006 ***Motions Referred: 1 MOTION to Enforce, 5 Third Party MOTION to Quash Subpoena and for Protective Order to Judge P. TREVOR SHARP - (Williamson, Wanda) (Entered: 04/26/2006)
04/28/200610 MOTION for Leave to File Declaration by Otis L. Wilson. Responses due by 5/22/2006 (MEDFORD, MICHAEL) (Entered: 04/28/2006)
04/28/200611 Brief in Support of Motion for Leave to File Declaration BRIEF re 10 MOTION for Leave to File Declaration by Deponent Otis L. Wilson filed by Otis L. Wilson. (Attachments: # 1 Declaration of Todd M. Saughnessy)(MEDFORD, MICHAEL) (Entered: 04/28/2006)
04/28/200612REPLY, filed by Deponent Otis L. Wilson, to Response to 5 Third Party MOTION to Quash Subpoena and for Protective Order Otis Wilson's Reply Brief in Support of Motion to Quash filed by Otis L. Wilson. (MEDFORD, MICHAEL) (Entered: 04/28/2006)
05/02/200613RESPONSE in Opposition re 5 Third Party MOTION to Quash Subpoena and for Protective Order (Supplemental Response) filed by THE SCO GROUP, INC.. Replies due by 5/15/2006. (MARCUS, ROBERT) (Entered: 05/02/2006)
05/09/200614NOTICE of Hearing on Pending Motions. Motion Hearing set for 5/30/2006 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE P. TREVOR SHARP. (Williamson, Wanda) Attached document with correct case number on 5/9/2006 (Williamson, Wanda). (Entered: 05/09/2006)
05/30/2006 Minute Entry for proceedings held before Judge P. TREVOR SHARP : Motion Hearing held on 5/30/2006 re 3 MOTION to Expedite filed by THE SCO GROUP, INC.,, 10 MOTION for Leave to File Declaration filed by Otis L. Wilson,, 1 MOTION to Enforce filed by THE SCO GROUP, INC.,, 5 Third Party MOTION to Quash Subpoena and for Protective Order filed by Otis L. Wilson. Court to enter written order. Proceedings recorded 06S-6civ. (Tape #06S-6civ.) (McCarty, Dianne) (Entered: 05/30/2006)
05/31/200615ORDER ENFORCING SUBPOENA signed by Judge P. TREVOR SHARP on 5/31/06. For reasons announced in open court, SCO's motion to enforce its subpoena served upon non-party Otis Wilson, (Pleading No. 1) is GRANTED and that Mr. Wilson appear for the deposition in accordance with the subpoena. The only limitation imposed upon the deposition is that SCO may depose Mr. Wilson for no greater length of time than 4 hours. Mr. Wilson's motion for leave to file a declaration, Pleading No. 10, is GRANTED. Mr. Wilson's motion to quash subpoena and for protective order (Pleading No. 5) is hereby DENIED. (Welch, Kelly) (Entered: 05/31/2006)
07/06/200616 MOTION to Compel DEPOSITION OF OTIS WILSON AND REQUEST FOR EXPEDITED RESOLUTION TO DISCOVERY DISPUTE by THE SCO GROUP, INC.. Responses due by 7/31/2006 (MARCUS, ROBERT) (Entered: 07/06/2006)
07/07/2006 ***Motions Referred: 16 MOTION to Compel DEPOSITION OF OTIS WILSON AND REQUEST FOR EXPEDITED RESOLUTION TO DISCOVERY DISPUTE to Judge P. TREVOR SHARP - (Powell, Gloria) (Entered: 07/07/2006)
07/07/2006 Telephone Notice from Attorney Heather Wright held on 7/7/2006: MOTION 16 filed 7/6/06 to Compel DEPOSITION OF OTIS WILSON AND REQUEST FOR EXPEDITED RESOLUTION TO DISCOVERY DISPUTE by THE SCO GROUP, INC. has been RESOLVED. (Powell, Gloria) (Entered: 07/07/2006)