Gray v. Novell, Inc. et al Featured Case

Defendant: Novell, Inc., X/Open Company Limited and The SCO Group, Inc.
Plaintiff: Wayne R. Gray
 
Case Number: 8:2006cv01950
Filed: October 20, 2006
 
Court: Florida Middle District Court
Office: Tampa Office
County: Hillsborough
Presiding Judge: James S. Moody
Referring Judge: Thomas G. Wilson
 
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18:1964 Racketeering (RICO) Act
Jury Demanded By: None

Docket Report

We have record of the following docket entries for this case:
Date Filed#Document Text
August 16, 2010 Set/reset deadlines re 226 Notice of appeal : Certificate of readiness due by 8/30/2010 (EJC)
August 16, 2010 TRANSMITTAL to USCA forwarding appeal fees received $455 receipt number T056726 re 226 Notice of appeal. USCA number: 10-13635-C. (EJC)
August 16, 2010 234 TRANSCRIPT information form filed by Wayne R. Gray re 226 Notice of appeal. USCA number: 10-13635-C. (EJC)
August 16, 2010 USCA appeal fees received $ 455 receipt number T056726 re 226 Notice of appeal filed by Wayne R. Gray (ARC)
August 11, 2010 ACKNOWLEDGMENT by USCA of receiving initial appeal package on 8/6/10 re 226 Notice of appeal. USCA number: 10-13635-C. (EJC)
August 4, 2010 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 226 Notice of appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (EJC)
August 3, 2010 233 MOTION to Seal the May 10, 1994 agreement; and MOTION to seal the September 1996 confirmation agreement as authorized by this Court on September 19, 2007 by Wayne R. Gray. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(LDB)
August 3, 2010 232 DECLARATION of Wayne R. Gray re 231 MOTION for reconsideration re 161 Order on motion for summary judgmentOrder on Motion for Partial Summary Judgment, 218 Order on motion for attorney feesOrder on report and recommendations MOTION for reconsideration re 161 Order on motion for summary judgmentOrder on Motion for Partial Summary Judgment, 218 Order on motion for attorney feesOrder on report and recommendations by Wayne R. Gray. (LDB)
August 3, 2010 231 MOTION for reconsideration re 161 Order on motion for summary judgmentOrder on Motion for Partial Summary Judgment, 218 Order on motion for attorney feesOrder on report and recommendations by Wayne R. Gray. NOTE: VOLUMINOUS EXHIBITS ATTACHED; NOT SCANNED; FILED IN COURT FILE. (LDB)
August 3, 2010 230 DECLARATION of Wayne R. Gray re 229 MOTION for miscellaneous relief, specifically to re-classify the May 10, 1994 Novell X/Open Unix Trademark License Agreement; and renewed motion to re-classify the 1996 Novell-X/Open-Santa Cruz "confirmation Agreement" and its transmittal mem by Wayne R. Gray. NOTE: VOLUMINOUS EXHIBITS ATTACHED; NOT SCANNED; FILED IN COURT FILE. (LDB)
August 3, 2010 229 MOTION for miscellaneous relief, specifically to re-classify the May 10, 1994 Novell X/Open Unix Trademark License Agreement; and renewed motion to re-classify the 1996 Novell-X/Open-Santa Cruz "confirmation Agreement" and its transmittal memo by Wayne R. Gray. (LDB)
August 3, 2010 228 MOTION for miscellaneous relief, specifically request for oral argument by Wayne R. Gray. (LDB)
August 3, 2010 227 MOTION for miscellaneous relief, specifically to certify the Court's June 28, 2010 Order (doc. 218) for appeal to the U.S.C.A. for the Eleventh Circuit by Wayne R. Gray. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(EJC)
August 3, 2010 226 NOTICE OF APPEAL as to 218 Order on motion for attorney fees, Order on report and recommendations by Wayne R. Gray. Filing fee not paid. (EJC)
August 2, 2010 ACKNOWLEDGMENT by USCA of receiving 225 ORDER granting 219 Motion to withdraw as attorney and Steele Law Group, PA., is RELIEVED of further representation of the plaintiff; granting 220 Motion for Wayne Gray to appear pro se on 7/27/10 re 168 Notice of appeal. USCA number: 09-11374-CC. (EJC)
July 22, 2010 TRANSMITTAL to USCA forwarding 225 ORDER granting 219 Motion to withdraw as attorney and Steele Law Group, PA., is RELIEVED of further representation of the plaintiff; granting 220 Motion for Wayne Gray to appear pro se re 168 Notice of appeal. USCA number: 09-11374-CC. (EJC)
July 21, 2010 225 Featured Case ORDER granting 219 Motion to withdraw as attorney and Steele Law Group, PA., is RELIEVED of further representation of the plaintiff; granting 220 Motion for Wayne Gray to appear pro se and the Clerk is DIRECTED to include the plaintiff on the service of parties receiving documents filed in this case.. Signed by Magistrate Judge Thomas G. Wilson on 7/21/2010. (CAW)
July 19, 2010 224 RESPONSE in opposition re 220 MOTION for miscellaneous relief, specifically to appear pro se, 219 MOTION for Thomas T. Steele to withdraw as attorney for Plaintiff Wayne R. Gray filed by X/Open Company Limited. (Raynes, Evan)
July 12, 2010 223 Featured Case ORDER re 220 MOTION for miscellaneous relief, specifically to appear pro se filed by Wayne R. Gray, 219 MOTION for Thomas T. Steele to withdraw as attorney for Plaintiff Wayne R. Gray filed by Wayne R. Gray. All parties who wish to object to these motions must file opposition memo by 7/19/10. Signed by Magistrate Judge Thomas G. Wilson on 7/12/2010. (CAW)
July 9, 2010 222 Featured Case ENDORSED ORDER granting 221 Emergency Motion of Wayne R. Gray for Enlargement of Time to File Certain Time-Sensitive Motions Relating to the Court's June 28, 2010 Order up to and including 8/3/2010. Signed by Judge Virginia M. Hernandez Covington on 7/9/2010. (CR)
July 9, 2010 221 EMERGENCY MOTION for extension of time to file certain time sensitive motions relating to the Court's June 28, 2010 Order by Wayne R. Gray. (Attachments: # 1 Exhibit A)(LDB)
July 9, 2010 220 EMERGENCY MOTION for miscellaneous relief, specifically to appear pro se by Wayne R. Gray. (Attachments: # 1 Exhibit A)(LDB)
July 9, 2010 219 MOTION for Thomas T. Steele to withdraw as attorney for Plaintiff Wayne R. Gray by Wayne R. Gray. (Attachments: # 1 Exhibit A-E)(Steele, Thomas) Motions referred to Magistrate Judge Thomas G. Wilson.
June 29, 2010 TRANSMITTAL to USCA forwarding 218 Order re 168 Notice of appeal USCA number: 09-11374-CC. (JMS)
June 28, 2010 218 Featured Case ORDER granting in part and denying in part 164 Motion for Attorneys' Fees and Costs; adopting 196 Report and Recommendation. Signed by Judge Virginia M. Hernandez Covington on 6/28/2010. (CR)
May 12, 2010 217 Featured Case ENDORSED ORDER granting 216 Plaintiff's Renewed Motion for Enlargement of Time to File up to and including 5/19/2010. Signed by Judge Virginia M. Hernandez Covington on 5/12/2010. (CR)
May 11, 2010 216 MOTION for extension of time to file document Memorandum Of Plaintiff In Opposition To Out-Of-Time Objections of Defendant X/Open to Report and Recommendation (Dkt. 186) by Wayne R. Gray. (Attachments: # 1 Exhibit A)(Steele, Thomas)
May 3, 2010 215 NOTICE by Wayne R. Gray Of Change Of Firm Name (Steele, Thomas)
April 28, 2010 214 Featured Case ENDORSED ORDER granting 213 Plaintiff's Final Motion for Enlargement of Time up to and including May 7, 2010. Signed by Judge Virginia M. Hernandez Covington on 4/28/2010. (CR)
April 27, 2010 213 Final MOTION for extension of time to file document Memorandum in Opposition to Out-Of-Time Objections of Defendant X/Open to "Report and Recommendation" filed 2/22/10 by Wayne R. Gray. (Attachments: # 1 Exhibit A)(Steele, Thomas)
April 27, 2010 212 Featured Case ENDORSED ORDER granting 211 Plaintiff's Motion for Two-Day Enlargement of Time up to and including April 27, 2010. Signed by Judge Virginia M. Hernandez Covington on 4/27/2010. (CR)
April 23, 2010 211 MOTION for extension of time to file document Memorandum of Plaintiff in Opposition to Out-Of-Time Objections of Defendant X/Open to Report and Recommendation (Dkt. 186) by Wayne R. Gray. (Steele, Thomas)
April 16, 2010 210 Featured Case ENDORSED ORDER granting 209 Plaintiff's Motion for Second Enlargement of Time up to and including April 23, 2010. Signed by Judge Virginia M. Hernandez Covington on 4/16/2010. (CR)
April 15, 2010 209 Second MOTION for extension of time to file document Memorandum in Opposition To Out-Of-Time Objections of Defendant X/Open to "Report and Recommendation" filed February 22, 2010 by Wayne R. Gray. (Steele, Thomas)
April 10, 2010 208 Featured Case ENDORSED ORDER granting 207 Plaintiff's Motion for One-Day Enlargement of Time. Signed by Judge Virginia M. Hernandez Covington on 4/10/2010. (CR)
April 9, 2010 207 MOTION to extend time to file Memorandum in Opposition To Out-Of-Time Objections of Defendant X/Open to "Report and Recommendation" filed February 22, 2010, MOTION for extension of time to file document by Wayne R. Gray. (Steele, Thomas)
April 6, 2010 206 NOTICE of unavailability of counsel byWayne R. Gray from 5/13/2010 to 5/17/2010. (Steele, Thomas)
March 26, 2010 205 MEMORANDUM in opposition re 198 Objection Regarding Magistrate Judge Wilson's Report and Recommendation on X/Open's Motion for Attorneys' Fees and Costs filed by X/Open Company Limited. (Raynes, Evan)
March 10, 2010 204 SUPPLEMENT re 198 Objection Amended (Signed) Declaration of Wayne R. Gray in Support of Objection to Report and Recommendation by Wayne R. Gray. (Steele, Thomas)
March 10, 2010 203 Featured Case ENDORSED ORDER granting 199 Plaintiff's Motion to Enlarge Time for Filing Objection. Signed by Judge Virginia M. Hernandez Covington on 3/10/2010. (CR)
March 9, 2010 202 SUPPLEMENT re 198 Objection Exhibits 22-30 to Declaration of Wayne R. Gray in Support of Objection to Report and Recommendation (Doc. 196) by Wayne R. Gray. (Steele, Thomas)
March 9, 2010 201 SUPPLEMENT re 198 Objection Exhibits 18-21 to Declaration of Wayne R. Gray in Support of Objection to Report and Recommendation (Doc. 196) by Wayne R. Gray. (Steele, Thomas)
March 9, 2010 200 SUPPLEMENT re 198 Objection Exhibits 1-17 to Declaration of Wayne R. Gray in Support of Objection to Report and Recommendation (Doc. 196) by Wayne R. Gray. (Steele, Thomas)
March 9, 2010 199 MOTION for extension of time to file document re: Objection to Report and Recommendation (Doc. 196) by Wayne R. Gray. (Steele, Thomas)
March 9, 2010 198 OBJECTION re 196 REPORT AND RECOMMENDATION re 164 MOTION for attorney fees X/Open's Motion and Memorandum in Support of Motion for Attorneys' Fees and Costs filed by X/Open Company Limited.REPORT AND RECOMMENDATION re 164 MOTION for attorney fees X/Open's Motion and Memorandum in Support of Motion for Attorneys' Fees and Costs filed by X/Open Company Limited. by Wayne R. Gray. (Attachments: # 1 Exhibit Declaration of Wayne R. Gray in Support of Objection to Report and Recommendation)(Steele, Thomas)
February 23, 2010 197 Featured Case ORDER denying without prejudice 180 Motion to compel discovery; denying without prejudice 184 Motion for protective order. Signed by Magistrate Judge Thomas G. Wilson on 2/23/2010. (CAW)
February 22, 2010 196 REPORT AND RECOMMENDATION re 164 MOTION for attorney fees X/Open's Motion and Memorandum in Support of Motion for Attorneys' Fees and Costs filed by X/Open Company Limited. Recommended that motion be granted in part and denied in part. Signed by Magistrate Judge Thomas G. Wilson on 2/22/2010. (CAW)
January 7, 2010 195 Featured Case ORDER denying 193 Motion for leave to file. Signed by Magistrate Judge Thomas G. Wilson on 1/6/2010. (LDB)
December 30, 2009 194 RESPONSE in opposition re 193 MOTION for leave to file Motion For Leave To File Supplemental Memorandum In Opposition To "X/Open's Motion And Memorandum In Support Of Motion For Attorneys' Fees and Costs" filed by X/Open Company Limited. (Raynes, Evan)
December 17, 2009 193 MOTION for leave to file Motion For Leave To File Supplemental Memorandum In Opposition To "X/Open's Motion And Memorandum In Support Of Motion For Attorneys' Fees and Costs" by Wayne R. Gray. (Steele, Thomas)
November 23, 2009 192 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Dennis Miracle (DM)
November 23, 2009 191 TRANSCRIPT of Hearing re: Motion for Attorneys' Fees and Motion to Strike (Documents 164 and 182) held on 11/13/09 before Judge Thomas G. Wilson re 168 Notice of appeal. Court Reporter/Transcriber Dennis Miracle, Telephone number 352/622-7212. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 12/14/2009, Redacted Transcript Deadline set for 12/24/2009, Release of Transcript Restriction set for 2/22/2010. (DM)
November 16, 2009 190 Featured Case ORDER denying 182 Motion to strike. X/Open has 20 days after resolution of the plaintiff's appeal to file a reply memorandum to Gray's Opposition to X/Open's Bill of Costs.. Signed by Magistrate Judge Thomas G. Wilson on 11/16/2009. (CAW)
November 13, 2009 189 Minute Entry. Proceedings held before Magistrate Judge Thomas G. Wilson: Motion Hearing held on 11/13/2009 re 182 MOTION to strike 178 Memorandum in opposition TO X/OPENS BILL OF COSTS filed by X/Open Company Limited, 164 MOTION for attorney fees X/Open's Motion and Memorandum in Support of Motion for Attorneys' Fees and Costs filed by X/Open Company Limited. Oral argument by parties; order to follow. (2:37-4:10) (CAW)
October 7, 2009 188 NOTICE of HEARING: Oral argument on X/Open's Motion for Attorneys' Fees (Doc. 164) and X/Open's Motion to Strike Memorandum in opposition to X/Open's Bill of Costs (Doc. 182) is SCHEDULED for November 13, 2009, at 2:30 PM in Tampa Courtroom 12A before Magistrate Judge Thomas G. Wilson. (MEM)
September 2, 2009 RECORD on appeal sent to USCA re 168 Notice of appeal. Transmittal includes certified copy of docket sheet, volume of pleadings: 1, volume of transcripts: 2, Exhibits: 7(3 Binders {doc. 163}; 4 Folders {documentary exhibits}) USCA number 09-11374-CC (EJC)
September 2, 2009 187 CERTIFICATE of readiness sent to USCA re: 168 Notice of appeal. ROA consists of: volume of pleadings: 1, volume of transcripts: 2, 7 Exhibits(3 Binders {doc. 163}; 4 Folders {documentary exhibits}) USCA number: 09-11374-CC (EJC)
May 18, 2009 186 RESPONSE in opposition re 182 MOTION to strike 178 Memorandum in opposition TO X/OPENS BILL OF COSTS filed by Wayne R. Gray. (Steele, Thomas)
April 27, 2009 185 Featured Case ORDER ruling deferred 180 Motion compelling discovery; ruling deferred 184 Motion for protective order. Signed by Magistrate Judge Thomas G. Wilson on 4/27/2009. (CAW)
April 21, 2009 ACKNOWLEDGMENT by USCA of receiving USCA appeal fees received $455 on 4/13/09, re 168 Notice of appeal. USCA number: 09-11374-C. (EJC)
April 20, 2009 184 MOTION for protective order Regarding Grays Document Requests on X/Opens Attorneys Fees by X/Open Company Limited. (Attachments: # 1 Exhibit A)(Raynes, Evan) Motions referred to Magistrate Judge Thomas G. Wilson.
April 20, 2009 183 RESPONSE in opposition re 180 MOTION for miscellaneous relief, specifically For Entry of an Order Compelling Discovery on Defendant X/Open's Motion For Attorneys' Fees and Costs filed by X/Open Company Limited. (Raynes, Evan)
April 14, 2009 182 MOTION to strike 178 Memorandum in opposition TO X/OPENS BILL OF COSTS by X/Open Company Limited. (Attachments: # 1 Exhibit A)(Raynes, Evan)
April 8, 2009 USCA appeal fees received $ 455 receipt number T049902 re 168 Notice of appeal filed by Wayne R. Gray (transmittal to USCA) (SAH)
April 3, 2009 181 Featured Case ORDER referring motion for report and recommendation: 164 MOTION for attorney fees filed by X/Open Company Limited ; ORDER referring motion to Magistrate Judge for disposition: 180 MOTION for miscellaneous relief, specifically For Entry of an Order Compelling Discovery on Defendant X/Open's Motion For Attorneys' Fees and Costs filed by Wayne R. Gray. Signed by Judge Virginia M. Hernandez Covington on 4/3/2009. (PPB) Motions referred to Magistrate Judge Thomas G. Wilson.
April 3, 2009 180 MOTION for miscellaneous relief, specifically For Entry of an Order Compelling Discovery on Defendant X/Open's Motion For Attorneys' Fees and Costs by Wayne R. Gray. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Steele, Thomas)
April 3, 2009 179 RESPONSE in opposition re 164 MOTION for attorney fees X/Open's Motion and Memorandum in Support of Motion for Attorneys' Fees and Costs filed by Wayne R. Gray. (Steele, Thomas)
April 3, 2009 178 MEMORANDUM in opposition 166 Bill of costs - proposed, 167 Bill of costs filed by Wayne R. Gray. (Attachments: # 1 Exhibit A)(Steele, Thomas) Modified on 4/21/2009 to reflect correct linkage only. (LDB).
April 3, 2009 177 AMENDED DOCUMENT by Wayne R. Gray. Amendment to 175 Response in opposition to motion Amendment to Declaration in Opposition to X/Open's Motion For Attorneys' Fees and Costs. (Attachments: # 1 Exhibit 1 through 6, # 2 Exhibit 7 through 8, # 3 Exhibit 9 through 10, # 4 Exhibit 11 through 18, # 5 Exhibit 19 through 20, # 6 Exhibit 21 through 24, # 7 Exhibit 25 through 26)(Hammett, Sarah)
April 2, 2009 176 TERMINATED. MOTION for miscellaneous relief, specifically For Entry Of Order Compelling Discovery On Defendant X/Open's "Motion For Attorneys' Fees And Costs" by Wayne R. Gray. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hammett, Sarah) NOTE: WRONG ATTORNEY LOG IN, COUNSEL NOTIFIED TO RE-FILE. Modified on 4/3/2009 (LDB).
April 2, 2009 175 TERMINATED. RESPONSE in opposition re 164 MOTION for attorney fees X/Open's Motion and Memorandum in Support of Motion for Attorneys' Fees and Costs filed by Wayne R. Gray. (Hammett, Sarah) NOTE: WRONG ATTORNEY LOG IN, COUNSEL NOTIFIED TO RE-FILE. Modified on 4/3/2009 (LDB).
April 2, 2009 174 TERMINATED. DECLARATION of re 165 Declaration by Wayne R. Gray. (Attachments: # 1 Exhibit 1 through 6, # 2 Exhibit 7 through 8, # 3 Exhibit 9 through 10, # 4 Exhibit 11 through 18, # 5 Exhibit 19 through 20, # 6 Exhibit 21 through 24, # 7 Exhibit 25 through 26)(Hammett, Sarah) NOTE: LINKED TO WRONG DOCUMENT, COUNSEL NOTIFIED TO RE-FILE. Modified on 4/3/2009 (LDB).
April 2, 2009 173 TERMINATED. RESPONSE in opposition re 164 MOTION for attorney fees X/Open's Motion and Memorandum in Support of Motion for Attorneys' Fees and Costs - Exhibit A to Opposition to Bill of Costs filed by Wayne R. Gray. (Hammett, Sarah) NOTE: WRONG EVENT CODE; COUNSEL RE-FILED AT DKT. 178 MEMORANDUM. Modified on 4/21/2009 (LDB).
April 2, 2009 172 DECLARATION of Wayne R. Gray re 171 Response in opposition to motion by Wayne R. Gray. (Hammett, Sarah) Modified on 4/3/2009 to edit text.(LDB).
April 2, 2009 171 TERMINATED. RESPONSE in opposition re 164 MOTION for attorney fees X/Open's Motion and Memorandum in Support of Motion for Attorneys' Fees and Costs and X/Open's Bill of Costs filed by Wayne R. Gray. (Hammett, Sarah) NOTE: WRONG ATTORNEY LOG IN, COUNSEL NOTIFIED TO REFILE. Modified on 4/3/2009 (LDB).
March 26, 2009 170 Featured Case ENDORSED ORDER granting 169 Motion for Extension of Time to File Response/Reply. Plaintiff has an additional seven (7) days to respond to 164 Defendant's Motion for Attorneys' Fees and Costs. Signed by Judge Virginia M. Hernandez Covington on 3/26/2009. (PPB)
March 25, 2009 169 Joint MOTION for Extension of Time to File Response/Reply as to 164 MOTION for attorney fees X/Open's Motion and Memorandum in Support of Motion for Attorneys' Fees and Costs by Wayne R. Gray. (Steele, Thomas)
March 17, 2009 TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 168 Notice of appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (EJC)
March 16, 2009 168 NOTICE OF APPEAL as to 162 Judgment by Wayne R. Gray. (Filing fee not paid) (Steele, Thomas)
March 12, 2009 167 BILL OF COSTS taxed against Wayne R. Gray in the amount of $15,007.35. Signed by Deputy Clerk. (LS)
March 9, 2009 166 PROPOSED BILL OF COSTS by X/Open Company Limited. (Raynes, Evan)
March 9, 2009 165 DECLARATION of Evan A. Raynes re 164 MOTION for attorney fees X/Open's Motion and Memorandum in Support of Motion for Attorneys' Fees and Costs by X/Open Company Limited. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Raynes, Evan)
March 9, 2009 164 MOTION for attorney fees X/Open's Motion and Memorandum in Support of Motion for Attorneys' Fees and Costs by X/Open Company Limited. (Raynes, Evan)
February 23, 2009 162 JUDGMENT in favor of Novell, Inc., The SCO Group, Inc., X/Open Company Limited against Wayne R. Gray (Signed by Deputy Clerk) (LDB)
February 20, 2009 161 Featured Case ORDER granting 85 Defendant X/Open's Motion for summary judgment; granting 90 Defendant Novell's Motion for summary judgment; denying 146 Plaintiff's Motion for Partial Summary Judgment. The Clerk is directed to enter judgment in favor of all Defendants and against Plaintiff Wayne R. Gray, to terminate any pending motions, and to close the case. Signed by Judge Virginia M. Hernandez Covington on 2/20/2009. (PPB)
February 12, 2009 160 Featured Case ENDORSED ORDER denying 158 Plaintiff's Motion for Leave to File a Reply. The Court finds that further briefing on this issue is not necessary. Signed by Judge Virginia M. Hernandez Covington on 2/12/2009. (PPB)
February 11, 2009 159 NOTICE OF RESCHEDULING HEARING: The Final Pretrial Conference hearing previously scheduled for 10/01/2009 is rescheduled. New scheduling date and time: Final Pretrial Conference set for 10/1/2009 at 09:00 AM in Courtroom 14 B before Judge Virginia M. Hernandez Covington. Hearing is now before Judge Covington. All previously imposed deadlines shall remain in effect.(LS)
February 10, 2009 158 MOTION for leave to file Ten (10)-Page Reply To Defendant "X/Open's Opposition To Gray's Motion For Partial Summary Judgment" by Wayne R. Gray. (Steele, Thomas)
February 6, 2009 157 NOTICE of Appearance by Mercedes G. Hale on behalf of Wayne R. Gray (Hale, Mercedes)
February 2, 2009 156 TERMINATED. NOTICE by Wayne R. Gray of Service of Subpoena (Steele, Thomas). DOCUMENT TERMINATED PURSUANT TO LOCAL RULE 3.03 - COUNSEL HAS BEEN NOTIFIED AND INFORMED ABOUT LOCAL RULE GOVERNING DISCOVERY - IMAGE REMOVED. Modified on 2/3/2009 (LDB).
February 2, 2009 155 TERMINATED. NOTICE of Mercedes Gonzalez Hale Appearance by Thomas T. Steele on behalf of Wayne R. Gray (Steele, Thomas) NOTE: WRONG ATTORNEY LOG IN, COUNSEL NOTIFIED TO REFILE. Modified on 2/3/2009 (LDB).
January 30, 2009 154 NOTICE by Novell, Inc. re 151 Response in opposition to motion -- Novell's Adoption of and Joinder in X/Open's Opposition to Gray's Motion for Partial Summary Judgment (Sneddon, Heather)
January 30, 2009 153 DECLARATION of Jim F. Lundberg re 151 Response in opposition to motion by X/Open Company Limited. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Raynes, Evan)
January 30, 2009 152 DECLARATION of Steve Nunn re 151 Response in opposition to motion by X/Open Company Limited. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F - Part 1 of 2, # 7 Exhibit F - Part 2 of 2, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Raynes, Evan)
January 30, 2009 151 RESPONSE in opposition re 146 MOTION for partial summary judgment As To Liability Against Defendants Novell, Inc., and X/Open Company Limited filed by X/Open Company Limited. (Raynes, Evan)
January 30, 2009 150 Featured Case ENDORSED ORDER denying 149 Motion for Extension of Time to File Response/Reply. Signed by Judge Virginia M. Hernandez Covington on 1/30/2009. (PPB)
January 29, 2009 149 Joint MOTION for Extension of Time to File Response/Reply as to 146 MOTION for partial summary judgment As To Liability Against Defendants Novell, Inc., and X/Open Company Limited by Novell, Inc., X/Open Company Limited. (Raynes, Evan)
January 12, 2009 148 REQUEST for oral argument re 146 MOTION for partial summary judgment As To Liability Against Defendants Novell, Inc., and X/Open Company Limited by Wayne R. Gray. (Steele, Thomas)
January 12, 2009 147 DECLARATION of Wayne R. Gray by Wayne R. Gray. (Attachments: # 1 Exhibit Nos. 1-7, # 2 Exhibit Nos. 8-20, # 3 Exhibit Nos. 21-24, # 4 Exhibit Nos. 25-26, # 5 Exhibit No. 27, # 6 Exhibit No. 28, # 7 Exhibit Nos. 29-36)(Steele, Thomas)
January 12, 2009 146 MOTION for partial summary judgment As To Liability Against Defendants Novell, Inc., and X/Open Company Limited by Wayne R. Gray. (Steele, Thomas)
January 9, 2009 145 NOTICE by Wayne R. Gray Counsel's Notice of Change of Firm Name (Steele, Thomas)
January 8, 2009 144 NOTICE by Wayne R. Gray re 143 Notice (Other) Plaintiff's Amended Notice Of Intent To File Partial Summary Judgment Motion On Friday, January 9, 2009 (Steele, Thomas)
January 5, 2009 143 NOTICE by Wayne R. Gray of Intent to File Partial Summary Judgment Motion on Wednesday, January 7, 2009 (Steele, Thomas)
December 22, 2008 142 Featured Case ORDER denying 139 Plaintiff's Motion for Leave to File Combined Motion for Partial Summary Judgment. Plaintiff's proposed summary judgment motion shall not exceed twenty-five pages in length, as provided in Local Rule 3.01(a), Middle District of Florida. Signed by Judge Virginia M. Hernandez Covington on 12/22/2008. (PPB)
December 19, 2008 141 NOTICE by X/Open Company Limited re 140 Order, 139 MOTION for leave to file excess pages Combined Motion for Partial Summary Judgment and Memorandum of Law NOTICE OF X/OPEN'S POSITION REGARDING GRAY'S MOTION FOR LEAVE (Raynes, Evan)
December 14, 2008 140 Featured Case ORDER: Defendant X/Open Company, Ltd., is directed to file notice of its position as to Plaintiff's Motion for Leave to File Combined Motion for Partial Summary Judgment 139 by December 19, 2008, or the Court will consider the motion unopposed and will rule accordingly. Signed by Judge Virginia M. Hernandez Covington on 12/14/2008. (PPB)
December 11, 2008 139 MOTION for leave to file excess pages Combined Motion for Partial Summary Judgment and Memorandum of Law by Wayne R. Gray. (Steele, Thomas)
November 24, 2008 138 REPLY to response to motion re 85 MOTION for summary judgment on Liability and Damages filed by X/Open Company Limited. (Raynes, Evan)
November 14, 2008 137 NOTICE by X/Open Company Limited re 135 Response Notice of Joinder (Raynes, Evan)
November 13, 2008 136 DECLARATION of Heather M. Sneddon re 135 Response by Novell, Inc.. (Sneddon, Heather)
November 13, 2008 135 RESPONSE re 125 Memorandum in opposition (Novell, Inc.'s Memorandum in Opposition to Plaintiff's Request for Rule 56(f) Relief in Response to Pending Summary Judgment Motions) by Novell, Inc.. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2)(Sneddon, Heather)
November 13, 2008 134 Featured Case ORDER granting 131 X/Open's Motion for Leave to File Reply to the extent that X/Open may file a reply, of a length not to exceed five pages, within seven (7) days of the date of this Order. See Order for further details. Signed by Judge Virginia M. Hernandez Covington on 11/13/2008. (PPB)
November 11, 2008 133 MEMORANDUM in opposition re 131 Motion for leave to file To Defendant X/Open's Motion for Leave to File Reply in Support of Summary Judgment Motion filed by Wayne R. Gray. (Steele, Thomas)
November 3, 2008 132 RESPONSE re 122 Request for oral argument filed by X/Open Company Limited. (Raynes, Evan)
November 3, 2008 131 MOTION for leave to file REPLY IN SUPPORT OF SUMMARY JUDGMENT MOTION by X/Open Company Limited. (Raynes, Evan)
October 30, 2008 163 APPENDIX re 121 Declaration of Wayne R. Gray by Wayne R. Gray (filed separately) pursuant to Dkt. 130 ORDER granting Dkt. 129 Plaintiff's Motion for Leave to File Voluminous Exhibits in Hard-Copy Form. (LDB)
October 29, 2008 130 Featured Case ENDORSED ORDER granting 129 Plaintiff's Motion for Leave to File Voluminous Exhibits in Hard-Copy Form. Plaintiff may file hard copies of the specified exhibits with the Court, and shall deliver copies of same to all defendants. Signed by Judge Virginia M. Hernandez Covington on 10/29/2008. (PPB)
October 28, 2008 129 MOTION for leave to file excess pages of Voluminous Exhibits in Hard-Copy Form to Declaration Of Wayne R. Gray In Support Of His Memoranda In Opposition To Motions Of Defendants Novell And X/Open For Summary Judgment And In Support Of His Rule 56(f) Opposition by Wayne R. Gray. (Steele, Thomas)
October 28, 2008 128 AFFIDAVIT of Wayne R. Gray re: 90 MOTION for summary judgment on Counts Three, Four, Five, Six and Seven of Plaintiff's Complaint and Memorandum of Law in Support, 125 Memorandum in opposition, 85 MOTION for summary judgment on Liability and Damages In Support Of His Memoranda In Opposition To Motions Of Defendants Novell And X/Open For Summary Judgment And In Support Of His Rule 56(f) Opposition (Discovery) by Wayne R. Gray. (Attachments: # 1 Exhibit Nos. 1-6, # 2 Exhibit Nos. 7-9, # 3 Exhibit Nos. 10-16, # 4 Exhibit Nos. 17-20, # 5 Exhibit Nos. 21-26, # 6 Exhibit Nos. 27-30)(Steele, Thomas)
October 28, 2008 127 AFFIDAVIT of Wayne R. Gray re: 90 MOTION for summary judgment on Counts Three, Four, Five, Six and Seven of Plaintiff's Complaint and Memorandum of Law in Support, 85 MOTION for summary judgment on Liability and Damages In Support Of His Memoranda In Opposition To Motions Of Defendants Novell And X/Open For Summary Judgment And In Support Of His Rule 56(f) Opposition by Wayne R. Gray. (Steele, Thomas)
October 27, 2008 126 MEMORANDUM in opposition re 85 Motion for summary judgment of Defendant X/Open filed by Wayne R. Gray. (Steele, Thomas)
October 27, 2008 125 MEMORANDUM in opposition re 90 Motion for summary judgment, 85 Motion for summary judgment Plaintiff's Rule 56(f) Opposition to Motions of Defendants Novell and X/Open for Summary Judgment filed by Wayne R. Gray. (Steele, Thomas)
October 27, 2008 124 AFFIDAVIT of Wayne R. Gray re: 94 Notice (Other), 90 MOTION for summary judgment on Counts Three, Four, Five, Six and Seven of Plaintiff's Complaint and Memorandum of Law in Support, 85 MOTION for summary judgment on Liability and Damages, 95 Notice (Other) In Support of Plaintiff's Rule 56(f) Opposition to Motions of Defendants Novell and X/Open for Summary Judgment by Wayne R. Gray. (Steele, Thomas)
October 27, 2008 123 MEMORANDUM in opposition re 90 Motion for summary judgment filed by Defendant Novell filed by Wayne R. Gray. (Steele, Thomas)
October 27, 2008 122 REQUEST for oral argument re 90 MOTION for summary judgment on Counts Three, Four, Five, Six and Seven of Plaintiff's Complaint and Memorandum of Law in Support, 85 MOTION for summary judgment on Liability and Damages and Plaintiff's Rule 56(f) Opposition to Motions of Defendants Novell and X/Open for Summary Judgment by Wayne R. Gray. (Steele, Thomas)
October 27, 2008 121 DECLARATION of Wayne R. Gray re 90 MOTION for summary judgment on Counts Three, Four, Five, Six and Seven of Plaintiff's Complaint and Memorandum of Law in Support, 85 MOTION for summary judgment on Liability and Damages by Wayne R. Gray. (Attachments: # 1 Supplement Certificate of Service of Declaration, # 2 Exhibit Exhibits 1-36, # 3 Exhibit Exhibit 37, # 4 Exhibit Exhibits 38-50, # 5 Exhibit Exhibits 51-60, # 6 Exhibit Exhibits 61-80, # 7 Exhibit Exhibits 81-101, # 8 Exhibit Exhibits 102-114)(Steele, Thomas) Modified on 10/28/2008 as to text only (LDB). NOTE: EXHIBITS EXCEED ALLOWED MEGABYTES, COUNSEL NOTIFIED TO FILE HARD COPY; IMAGE REMOVED (LDB).
October 27, 2008 120 TERMINATED. NOTICE by Wayne R. Gray re 90 MOTION for summary judgment on Counts Three, Four, Five, Six and Seven of Plaintiff's Complaint and Memorandum of Law in Support, 85 MOTION for summary judgment on Liability and Damages Notice of Filing Affidavit of Wayne R. Gray in Support of His Memoranda in Opposition to Motions of Defendants Novell and X/Open for Summary Judgment and In Support of his Rule 56(f) Opposition (Discovery) (Attachments: # 1 Affidavit Gray Affidavit in Support of Memoranda in Opposition-Discovery, # 2 Exhibit Affidavit Exhibits 1-6, # 3 Exhibit Gray Affidavit Exhibits 7-9, # 4 Exhibit Gray Affidavit Exhibits 10-16, # 5 Exhibit Gray Affidavit Exhibits 17-20, # 6 Exhibit Gray Affidavit Exhibits 21-26, # 7 Exhibit Gray Affidavit Exhibits 27-30)(Steele, Thomas) NOTE: WRONG EVENT CODE, NOT LINKED TO PROPER DOCUMENT, COUNSEL NOTIFIED TO RE-FIEL. Modified on 10/28/2008 (LDB).
October 24, 2008 119 Featured Case ORDER: Plaintiff is directed to file his responses to Defendants' motions for summary judgment 85 , 90 by 5:00 p.m. on October 27, 2008, or the Court will consider the motions unopposed and will rule accordingly. No extensions of time will be permitted. See Order for important details. Signed by Judge Virginia M. Hernandez Covington on 10/24/2008. (PPB)
October 23, 2008 118 NOTICE of withdrawal of motion by Wayne R. Gray re 115 Unopposed MOTION for leave to file excess pages Memoranda in Excess of Twenty Pages In Opposition to Motions For Summary Judgment Filed by Defendants Novell and X/Open filed by Wayne R. Gray (Steele, Thomas)
October 17, 2008 117 MEMORANDUM in opposition re 115 Motion for leave to file excess pages filed by X/Open Company Limited. (Raynes, Evan)
October 17, 2008 116 MEMORANDUM in opposition re 115 Motion for leave to file excess pages filed by Novell, Inc.. (Thompson, E.)
October 17, 2008 115 TERMINATED. Unopposed MOTION for leave to file excess pages Memoranda in Excess of Twenty Pages In Opposition to Motions For Summary Judgment Filed by Defendants Novell and X/Open by Wayne R. Gray. (Steele, Thomas) NOTE: COUNSEL FILED NOTICE OF WITHDRAWAL OF MOTION AT DKT. 118 . Modified on 10/24/2008 (LDB).
September 29, 2008 114 Featured Case ENDORSED ORDER granting 111 Plaintiff's Motion for Nine (9) Day Enlargement of Time to File Oppositions to Defendants' Motions for Summary Judgment. Plaintiff has up to and including October 10, 2008 to respond to Defendants' summary judgment motions. Signed by Judge Virginia M. Hernandez Covington on 9/29/2008. (PPB)
September 26, 2008 113 CERTIFICATE of compliance re 111 MOTION for Extension of Time to File Response/Reply as to 90 MOTION for summary judgment on Counts Three, Four, Five, Six and Seven of Plaintiff's Complaint and Memorandum of Law in Support, 95 Notice (Other) to October 10, 2008 MOTION for Extension of Time to File Response/Reply as to 90 MOTION for summary judgment on Counts Three, Four, Five, Six and Seven of Plaintiff's Complaint and Memorandum of Law in Support, 95 Notice (Other) to October 10, 2008, 112 Order on Motion for Extension of Time to File Response/Reply by Wayne R. Gray. (Steele, Thomas)
September 26, 2008 112 Featured Case ORDER: Ruling DEFERRED as to 111 Motion for Extension of Time to File Response to Defendants' Motions for Summary Judgment. Plaintiff's counsel is directed to expeditiously confer with opposing counsel and supplement his filing with a proper certification under Local Rule 3.01(g). See Order for further details. Signed by Judge Virginia M. Hernandez Covington on 9/26/2008. (PPB)
September 25, 2008 111 MOTION for Extension of Time to File Response/Reply as to 90 MOTION for summary judgment on Counts Three, Four, Five, Six and Seven of Plaintiff's Complaint and Memorandum of Law in Support, 95 Notice (Other) to October 10, 2008 by Wayne R. Gray. (Steele, Thomas)
September 23, 2008 110 STATUS REPORT Plaintiff's Report On Bankruptcy Status of Defendant THE SCO GROUP, INC. by Wayne R. Gray. (Steele, Thomas)
August 18, 2008 109 Featured Case ORDER granting in part 106 Plaintiff's Motion for Enlargement of Time to File Oppositions to Motions for Summary Judgment 85 , 90 . Plaintiff shall have up to and including October 1, 2008, to respond to the motions. Signed by Judge Virginia M. Hernandez Covington on 8/18/2008. (PPB)
August 15, 2008 108 MEMORANDUM in opposition re 106 Motion for Extension of Time to File Response/Reply filed by X/Open Company Limited. (Raynes, Evan)
August 14, 2008 107 MEMORANDUM in opposition re 106 Motion for Extension of Time to File Response/Reply to Motions for Summary Judgment filed by Defendants Novell, Inc. and X/Open Company Limited filed by Novell, Inc.. (Thompson, E.)
August 12, 2008 106 Amended MOTION for Extension of Time to File Response/Reply as to 90 MOTION for summary judgment on Counts Three, Four, Five, Six and Seven of Plaintiff's Complaint and Memorandum of Law in Support, 85 MOTION for summary judgment on Liability and Damages by Wayne R. Gray. (Steele, Thomas)
August 11, 2008 105 DECLARATION of Heather Sneddon re 104 Memorandum in opposition by Novell, Inc.. (Thompson, E.)
August 11, 2008 104 MEMORANDUM in opposition re 99 Response to order to show cause Opposition to Gray's Motion for Enlargement of Time to Oppose Defendants' Summary Judgment Motions filed by Novell, Inc.. (Thompson, E.)
August 11, 2008 103 DECLARATION of Evan A. Raynes re 102 Memorandum in opposition by X/Open Company Limited. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Raynes, Evan)
August 11, 2008 102 MEMORANDUM in opposition re 99 Response to order to show cause Opposition to Gray's Motion for Enlargement of Time to Oppose Defendants' Summary Judgment Motions filed by X/Open Company Limited. (Raynes, Evan)
August 5, 2008 101 NOTICE to counsel of new case number and judge assignment. New case number: 8:06-cv-1950-T-33TGW. (LDB)
August 5, 2008 Case Reassigned to Judge Virginia M. Hernandez Covington. New case number: 8:06-cv-1950-T-33TGW. Judge James S. Moody, Jr no longer assigned to the case. (LDB)
July 25, 2008 100 NOTICE by Wayne R. Gray re 99 Response to order to show cause of Filing Memorandum Decision And Order (Attachments: # 1 Appendix Order of 8/10/07-Case No. 2:04CV139DAK)(Steele, Thomas)
July 24, 2008 99 RESPONSE TO ORDER TO SHOW CAUSE re 98 Order to show cause filed by Wayne R. Gray. (Steele, Thomas)
July 21, 2008 98 Featured Case ORDER TO SHOW CAUSE Re: Plaintiff's failure to respond to Defendant's Motion for Summary Judgment 85 . Show Cause Response due by 8/1/2008. Signed by Judge James S. Moody, Jr on 7/21/2008. (LN)
July 15, 2008 97 NOTICE of Attorney Sarah M. Hammett's Appearance by Thomas T. Steele on behalf of Wayne R. Gray (Steele, Thomas)
July 11, 2008 96 NOTICE of Appearance by Thomas T. Steele on behalf of Wayne R. Gray (Steele, Thomas)
July 9, 2008 95 NOTICE by X/Open Company Limited re 90 MOTION for summary judgment on Counts Three, Four, Five, Six and Seven of Plaintiff's Complaint and Memorandum of Law in Support (Raynes, Evan)
July 7, 2008 94 NOTICE by Novell, Inc. re 85 MOTION for summary judgment on Liability and Damages Adoption and Joinder of X/Open's Motion for Summary Judgment (Thompson, E.)
July 2, 2008 93 Featured Case AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Fact Discovery Cut-Off: March 30, 2009; Plaintiff(s) Expert Disclosure: April 10, 2009; Defendant(s) Expert Disclosure: May 1, 2009; Expert Discovery Deadline: June 1, 2009; Dispositive Motion Deadline: July 3, 2009; Pretrial Conference is RESET for THURSDAY, OCTOBER 1, 2009 at 9:00 AM in Courtroom 13A before Judge James S. Moody Jr. This case is set for JURY TRIAL during the NOVEMBER 2009 trial term before Judge James S. Moody Jr. Signed by Judge James S. Moody, Jr. on 7/2/2008. (SMB)
July 2, 2008 92 Featured Case ORDER: Plaintiff's Motion and Combined Brief for Extension of Discovery (Dkt. 79) is GRANTED. Plaintiff's Motion and Combined Brief for Substitution of Counsel (Dkt. 80) is GRANTED IN PART AND DENIED IN PART. Mr. Partlow is directed to send a copy of this Order to Plaintiff Wayne Gray. Plaintiff shall have ten (10) days from the date of the entry of this Order to retain substitute counsel and file a Notice of Appearance. Signed by Judge James S. Moody, Jr. on 7/2/2008. (SMB)
July 1, 2008 91 Featured Case ENDORSED ORDER striking 81 Wayne Gray's pro se Motion for Entry of Order Discharging Counsel and Enlarging Discovery Cutoff Deadlines and Pretrial and Trial Dates. Signed by Judge James S. Moody, Jr on 7/1/2008.(LAA)
June 27, 2008 90 MOTION for summary judgment on Counts Three, Four, Five, Six and Seven of Plaintiff's Complaint and Memorandum of Law in Support by Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Thompson, E.)
June 27, 2008 89 *TERMINATED* NOTICE by Novell, Inc. of Filing Plaintiff's Responses to Defendant Novell, Inc.'s First Set of Interrogatories to Plaintiff Wayne R. Gray (Attachments: # 1 Exhibit A)(Thompson, E.) NOTE: DOCUMENT TERMINATED PURSUANT TO LOCAL RULE 3.03 - COUNSEL HAS BEEN NOTIFIED AND INFORMED ABOUT LOCAL RULE GOVERNING DISCOVERY - IMAGE REMOVED. Modified on 6/30/2008 (LDB).
June 26, 2008 88 MEMORANDUM in opposition re 79 Motion for Extension of Time to Complete Discovery, 81 Motion for Extension of Time to Complete Discovery filed by Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V)(Thompson, E.)
June 26, 2008 87 MEMORANDUM in opposition re 79 Motion for Extension of Time to Complete Discovery, 80 Motion to substitute attorney, 81 Motion for Extension of Time to Complete Discovery filed by X/Open Company Limited. (Raynes, Evan)
June 26, 2008 86 DECLARATION of Evan A. Raynes re 85 MOTION for summary judgment on Liability and Damages by X/Open Company Limited. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6 Part 1 of 2, # 7 Exhibit 6 Part 2 of 2, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24)(Raynes, Evan)
June 26, 2008 85 MOTION for summary judgment on Liability and Damages by X/Open Company Limited. (Attachments: # 1 Exhibit A)(Raynes, Evan)
June 17, 2008 84 NOTICE by Wayne R. Gray re 81 MOTION for Extension of Time to Complete Discovery and Pretrial and Trial Dates and Motion for Entry of Order Discharging Counsel of Filing Affidavit of Wayne R. Gray (Attachments: # 1 Affidavit of Wayne R. Gray)(Steele, Thomas)
June 17, 2008 83 CERTIFICATE of compliance re 81 MOTION for Extension of Time to Complete Discovery and Pretrial and Trial Dates and Motion for Entry of Order Discharging Counsel by Wayne R. Gray. (Steele, Thomas)
June 17, 2008 82 APPENDIX re 81 MOTION for Extension of Time to Complete Discovery and Pretrial and Trial Dates and Motion for Entry of Order Discharging Counsel Exhibit B and Exhibit C by Wayne R. Gray (filed separately). (Steele, Thomas)
June 16, 2008 81 STRICKEN PURSUANT TO 91 ORDER. MOTION for Extension of Time to Complete Discovery and Pretrial and Trial Dates and Motion for Entry of Order Discharging Counsel by Wayne R. Gray. (Steele, Thomas) Modified on 7/2/2008 (LDB).
June 9, 2008 80 MOTION to substitute attorney by Wayne R. Gray. (Attachments: # 1 Exhibit Letter)(Partlow, David) Motions referred to Magistrate Judge Thomas G. Wilson.
June 9, 2008 79 MOTION for Extension of Time to Complete Discovery by Wayne R. Gray. (Attachments: # 1 Exhibit Letter)(Partlow, David)
April 23, 2008 78 NOTICE by Wayne R. Gray re 77 Response in opposition to motion --withdrawal of suplemental authority filing (Partlow, David)
April 23, 2008 77 WITHDRAWN PURSUANT TO DKT. 78 NOTICE. RESPONSE in opposition re 27 MOTION to dismiss Complaint (supplemental authority) filed by Wayne R. Gray. (Attachments: # 1 Exhibit, # 2 Exhibit)(Partlow, David) Modified on 4/25/2008 (LDB).
March 25, 2008 76 NOTICE by Wayne R. Gray re 53 Order on motion to dismiss, SCO bankruptcy status report (Partlow, David)
February 28, 2008 75 TRANSCRIPT of hearing regarding Motion for Protective Order held on 02/14/08 before Judge Thomas G. Wilson. Court Reporter: Dennis Miracle. (LDB)
February 22, 2008 74 Featured Case ORDER granting 65 Motion for protective order. Signed by Magistrate Judge Thomas G. Wilson on 2/22/2008. (CAW)
February 14, 2008 73 Minute Entry. Proceedings held before Magistrate Judge Thomas G. Wilson: Motion Hearing held on 2/14/2008 re 65 MOTION for protective order filed by Wayne R. Gray. Oral argument by parties; stipulation to be revised and resubmitted. (2:38-3:11) (CAW)
February 4, 2008 72 NOTICE of HEARING on MOTION for Protective Order (Doc. 65):Oral argument is scheduled for set 2/14/2008 at 2:30 PM in Courtroom 12A before Magistrate Judge Thomas G. Wilson. (MEM)
January 28, 2008 71 MEMORANDUM in opposition re 65 Motion for protective order filed by X/Open Company Limited. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Raynes, Evan)
January 14, 2008 70 Featured Case ORDER granting 68 Motion for Extension of Time to File Response/Reply re 68 Unopposed MOTION for Extension of Time to File Response/Reply as to 65 MOTION for protective order Responses due by 1/28/2008. No other dates and deadlines affected.. Signed by Magistrate Judge Thomas G. Wilson on 1/14/2008. (CAW)
January 14, 2008 69 RESPONSE to motion re 65 MOTION for protective order (and memorandum of law in support) filed by Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(McClure, Fredrick)
January 9, 2008 68 Unopposed MOTION for Extension of Time to File Response/Reply as to 65 MOTION for protective order by X/Open Company Limited. (Guerrant, William) Motions referred to Magistrate Judge Thomas G. Wilson.
December 27, 2007 67 AMENDED ANSWER to 1 Complaint by Novell, Inc.. (Attachments: # 1 Amended Answer and Affirmative Defenses)(McClure, Fredrick)
December 27, 2007 66 Featured Case ENDORSED ORDER granting 60 Defendant Novell's Motion for leave to file Amended Answer. Defendant is directed to electronically file its Amended Answer. Signed by Judge James S. Moody, Jr on 12/27/2007. (LN)
December 26, 2007 65 MOTION for protective order by Wayne R. Gray. (Attachments: # 1 Exhibit)(Partlow, David) Motions referred to Magistrate Judge Thomas G. Wilson.
December 20, 2007 64 RESPONSE in opposition re 60 MOTION for leave to file Amend Answer to Include Certain Affirmative Defenses and Memorandum of Law in Support filed by Wayne R. Gray. (Partlow, David) Modified on 12/21/2007 as to scriveners error (LDB).
December 17, 2007 63 Featured Case ORDER granting 61 Motion to withdraw as attorney. Attorney John P. Mullen has WITHDRAWN as counsel of record for Novell, Inc.. Signed by Magistrate Judge Thomas G. Wilson on 12/17/2007. (CAW)
December 11, 2007 62 MEMORANDUM in support re 61 Motion to withdraw as attorney filed by Novell, Inc.. (Mullen, John)
December 11, 2007 61 MOTION for John P. Mullen to withdraw as attorney by Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Mullen, John) Motions referred to Magistrate Judge Thomas G. Wilson.
December 6, 2007 60 MOTION for leave to file Amended Answer to Include Certain Affirmative Defensese and Memorandum of Law in Support by Novell, Inc.. (Attachments: # 1 Amended Answer)(McClure, Fredrick) Modified on 12/7/2007 to correct scrivener's error (LDB).
November 16, 2007 59 Featured Case ENDORSED ORDER granting in part and denying in part 57 Plaintiff's Motion for Review of the September 19, 2007 Hearing Audio Record. Plaintiff may contact the Court in order to arrange a convenient time to listen to the audio record in Courtroom 13A. Defendants may also attend such review. Signed by Judge James S. Moody, Jr on 11/16/2007.(LAA)
November 13, 2007 58 RESPONSE to motion re 57 MOTION review audio record of hearing filed by X/Open Company Limited. (Raynes, Evan)
October 25, 2007 57 MOTION review audio record of hearing by Wayne R. Gray. (Partlow, David)
October 24, 2007 56 TRANSCRIPT of oral argument held on 09/19/07 before Judge James S. Moody, Jr.. Court Reporter: Sherrill L. Jackson. (ldb)
September 24, 2007 55 Featured Case ORDER: The Motion and Combined Memorandum in Support of Declassifying the 1996 Novell-X/Open-Santa Cruz "Confirmation Agreement" 38 is DENIED without prejudice. The Motion to Seal 39 is DENIED as moot. The Amended Motion to Seal 40 is DENIED without prejudice. Counsel shall, within 30 days, confer for the purpose of drafting a confidentiality agreement. Signed by Judge James S. Moody Jr. on 9/24/2007. (len)
September 20, 2007 54 MINUTE ENTRY for proceedings held before Judge James S. Moody Jr.: Motion Hearing held on 9/20/2007. Court Reporter: Sherrill L. Jackson (smb)
September 18, 2007 53 Featured Case ORDER: These proceedings are STAYED as to Defendant, THE SCO GROUP, INC. Beginning 3-18-08, Plaintiff is ordered to file a Status Report every 6 months regarding the Defendant's bankruptcy proceedings. Ruling is DEFERRED as to Defendant SCO's Motion to Dismiss 27 as a result of pending bankruptcy proceedings. Signed by Judge James S. Moody Jr. on 9/18/2007. (len)
September 17, 2007 52 NOTICE by The SCO Group, Inc. of Filing for Bankruptcy (Attachments: # 1)(Coe, George)
September 11, 2007 51 NOTICE of supplemental authority re 27 MOTION to dismiss Complaint by The SCO Group, Inc. (Attachments: # 1 Exhibit A)(Coe, George)
August 24, 2007 50 NOTICE of change of address by George R. Coe (Coe, George)
August 24, 2007 49 NOTICE by The SCO Group, Inc. re pending dispositive motion (Coe, George)
August 16, 2007 48 NOTICE OF HEARING on Motion 38 MOTION to unseal Confirmation Agreement, 40 MOTION to amend/correct 39 MOTION for leave to file under seal the Confirmation Agreement: Motion Hearing set for WEDNESDAY, 9/19/2007 at 1:30 PM in Courtroom 13A before Judge James S. Moody Jr. Time reserved: 30 minutes. (len)
July 5, 2007 47 Featured Case ORDER granting 46 Motion to extend time. Novell's responses to second set of requests for documents, received on 7/3/07, are considered timely. Parties should note that this Order does not affect any other dates or deadlines set forth in the Case Management and Scheduling Order. Signed by Judge Thomas G. Wilson on 7/5/2007. (Williams, Carrie)
June 26, 2007 46 Unopposed MOTION to extend time to Respond to Discovery by Novell, Inc.. (McClure, Fredrick)
June 4, 2007 45 MEMORANDUM in opposition re 38 Motion to unseal filed by Novell, Inc.. (Thompson, E.)
June 4, 2007 44 RESPONSE to motion re 38 MOTION to unseal Confirmation Agreement filed by The SCO Group, Inc.. (Attachments: # 1 Exhibit 1 through 4)(Coe, George)
June 4, 2007 43 DECLARATION of re 42 Response in opposition to motion by X/Open Company Limited. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11)(Raynes, Evan)
June 4, 2007 42 RESPONSE in opposition re 38 MOTION to unseal Confirmation Agreement filed by X/Open Company Limited. (Raynes, Evan)
May 29, 2007 41 Featured Case ORDER granting 37 Motion to extend time. Defendant Novell's deadline for responding to plaintiff's requests is extended until June 20, 2007. Signed by Judge Thomas G. Wilson on 5/29/2007. (Williams, Carrie)
May 18, 2007 40 MOTION to amend/correct 39 MOTION for leave to file under seal the Confirmation Agreement by Wayne R. Gray. (Partlow, David)
May 17, 2007 39 MOTION for leave to file under seal the Confirmation Agreement by Wayne R. Gray. (Partlow, David)
May 17, 2007 38 MOTION to unseal Confirmation Agreement by Wayne R. Gray. (Attachments: # 1 Exhibit)(Partlow, David)
May 15, 2007 37 Unopposed MOTION to extend time to Respond to Discovery Requests by Novell, Inc.. (McClure, Fredrick)
April 30, 2007 36 Featured Case ORDER granting 35 motion to appear pro hac vice provided that Akrrenberg submits the Special Admission Attorney Certification and the prescribed fee. Signed by Judge Thomas G. Wilson on 4/30/2007. (Williams, Carrie)
April 26, 2007 35 MOTION for Thomas R. Karrenberg to appear pro hac vice by Novell, Inc.. (McClure, Fredrick) Motions referred to Magistrate Judge Thomas G. Wilson.
March 29, 2007 34 NOTICE of unavailability of counsel byWayne R. Gray from April 11, 2007 to April 29, 2007. (Partlow, David)
March 27, 2007 33 NOTICE by Wayne R. Gray of service of initial disclosure documents (Partlow, David) Modified on 3/28/2007, IMAGE REMOVED DUE TO DISCOVERY MATERIAL, COUNSEL NOTIFIED NOT TO FILE DISCOVERY (eec ).
March 7, 2007 32 Featured Case CASE MANAGEMENT AND SCHEDULING ORDER: Fact Discovery due by 7/29/2008. Dispositive motions due by 11/3/2008. Pretrial Conference set for TUESDAY, 2/3/2009 at 9:00 AM in Courtroom 13A before Judge James S. Moody Jr. Jury Trial set for MARCH 2009. Signed by Judge James S. Moody Jr. on 3/7/2007. (len)
March 5, 2007 31 CASE MANAGEMENT REPORT. (Raynes, Evan)
March 5, 2007 30 MEMORANDUM in opposition re 27 Motion to dismiss by SCO filed by Wayne R. Gray. (Partlow, David)
February 14, 2007 29 Featured Case ENDORSED ORDER granting 28 Plaintiff's Motion for Extension of Time to File Response as to 27 MOTION to dismiss Complaint. Response due by 3/5/2007. Signed by Judge James S. Moody Jr. on 2/14/2007. (len)
February 13, 2007 28 Unopposed MOTION for Extension of Time to File Response/Reply as to 27 MOTION to dismiss Complaint by Wayne R. Gray. (Partlow, David) Motions referred to Magistrate Judge Thomas G. Wilson.
January 31, 2007 27 MOTION to dismiss Complaint by The SCO Group, Inc.. (Coe, George)
January 29, 2007 26 Featured Case ORDER granting 22 motion to appear pro hac vice; granting 23 motion to appear pro hac vice. Signed by Judge Thomas G. Wilson on 1/29/2007. (Williams, Carrie)
January 26, 2007 25 ANSWER and affirmative defenses to complaint by Novell, Inc..(Thompson, E.)
January 25, 2007 24 ANSWER and affirmative defenses to complaint by X/Open Company Limited.(Raynes, Evan)
January 24, 2007 23 MOTION for John P. Mullen to appear pro hac vice by Novell, Inc.. (McClure, Fredrick) Motions referred to Magistrate Judge Thomas G. Wilson.
January 24, 2007 22 MOTION for Heather M. Sneddon to appear pro hac vice by Novell, Inc.. (McClure, Fredrick) Motions referred to Magistrate Judge Thomas G. Wilson.
January 17, 2007 21 NOTICE of Appearance by Karen C. Dyer on behalf of The SCO Group, Inc. (Dyer, Karen)
January 16, 2007 20 Featured Case ORDER granting 19 Motion to substitute attorney.. Signed by Judge Thomas G. Wilson on 1/16/2007. (Wilson, Thomas)
January 12, 2007 19 MOTION to substitute attorney by Novell, Inc.. (Thompson, E.) Motions referred to Magistrate Judge Thomas G. Wilson.
January 8, 2007 18 Featured Case ORDER granting 13 motion to appear pro hac vice as to Evan A. Raynes; granting 14 motion to appear pro hac vice as to Mark Sommers. Signed by Judge Thomas G. Wilson on 1/8/2007. (Wilson, Thomas)
January 8, 2007 17 RETURN of service executed on 12/5/06 by Wayne R. Gray as to Novell, Inc., The SCO Group, Inc., X/Open Company Limited. (Partlow, David) Modified on 1/9/2007, to show the correct service date of 12/5/06 (eec ).
January 8, 2007 16 RETURN of service executed on 12/5/06 by Wayne R. Gray as to Novell, Inc., The SCO Group, Inc., X/Open Company Limited. (Partlow, David) Modified on 1/9/2007, to show the correct service date of 12/5/06 (eec ).
January 8, 2007 15 RETURN of service executed on 12/4/06 by Wayne R. Gray as to Novell, Inc., The SCO Group, Inc., X/Open Company Limited. (Partlow, David) Modified on 1/9/2007, to show the correct service date of 12/4/06 (eec ).
January 4, 2007 14 MOTION for Mark Sommers to appear pro hac vice by X/Open Company Limited. (Guerrant, William) Motions referred to Magistrate Judge Thomas G. Wilson.
January 4, 2007 13 MOTION for Evan A. Raynes to appear pro hac vice by X/Open Company Limited. (Guerrant, William) Motions referred to Magistrate Judge Thomas G. Wilson.
December 28, 2006 12 Featured Case ENDORSED ORDER granting 11 Motion for extension of time to answer or respond. Novell, Inc.'s answer due 1/26/2007. Signed by Judge James S. Moody Jr. on 12/28/2006. (len)
December 21, 2006 11 MOTION for extension of time to file answer or otherwise plead re 1 Complaint by Novell, Inc.. (Salazar, Richard) Motions referred to Magistrate Judge Thomas G. Wilson.
December 20, 2006 10 Featured Case ENDORSED ORDER granting 6 Motion for extension of time to answer or respond to Complaint. The SCO Group, Inc.'s Answer due 1/31/2007. Signed by Judge James S. Moody Jr. on 12/20/2006. (len)
December 20, 2006 9 Featured Case ENDORSED ORDER granting 5 Defendants' Motion for Extension of Time to File Response to 1 Complaint. Responses due by 1/25/2007. Signed by Judge James S. Moody Jr. on 12/20/2006. (len)
December 20, 2006 8 NOTICE of Appearance by Richard George Salazar on behalf of Novell, Inc. (Salazar, Richard)
December 20, 2006 7 NOTICE of Appearance by Richard George Salazar on behalf of Novell, Inc. (Salazar, Richard) Modified on 12/20/2006 (jlh, ). NO SIGNATURE; REFILED AT DOC 8
December 19, 2006 6 Unopposed MOTION for extension of time to file answer or otherwise plead re 1 Complaint by The SCO Group, Inc.. (Coe, George) Motions referred to Magistrate Judge Thomas G. Wilson.
December 19, 2006 5 Unopposed MOTION for Extension of Time to File Response/Reply as to 1 Complaint by X/Open Company Limited. (Guerrant, William) Motions referred to Magistrate Judge Thomas G. Wilson.
December 18, 2006 4 NOTICE by Wayne R. Gray OF FILING SERVICE RETURNS (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Partlow, David)
October 24, 2006 3 NOTICE of designation under Local Rule 3.05 - track 2 issued by Deputy Clerk on 10/24/2006. (smb)
October 23, 2006 2 Summons issued as to Novell, Inc., The SCO Group, Inc., X/Open Company Limited. (cda)
October 23, 2006 1 COMPLAINT against Novell, Inc., The SCO Group, Inc., X/Open Company Limited ; Jury Demand (Filing fee $ 350 receipt number T039141) filed by Wayne R. Gray.(cda)

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Defendant: Novell, Inc.
Represented By: E. Colin Thompson
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Defendant: X/Open Company Limited
Represented By: Evan A. Raynes
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Defendant: The SCO Group, Inc.
Represented By: Karen C. Dyer
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Plaintiff: Wayne R. Gray
Represented By: David Lee Partlow
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