SCO Group v. IBM

SCO Group v. IBM

Petitioner:	SARAH GALLANT
Appellant:	THE SCO GROUP, INC., a Delaware corporation
Counter Claimant:	INTERNATIONAL BUSINESS MACHINES CORPORATION
Case Number:	16-4040
Filed:	March 30, 2016
Court:	U.S. Court of Appeals, Tenth Circuit
Nature of Suit:	Other

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Docket Report

This docket was last retrieved on January 24, 2018. A more recent docket listing may be available from PACER.

Date Filed	Document Text
January 24, 2018	[10530688] Mandate issued. [16-4040] [Entered: 01/24/2018 07:02 AM]
January 2, 2018	[10524980] Affirmed in Part and Reversed in Part and Remanded;Terminated on the merits after oral argument; Written, signed, published;. Judges Kelly, Ebel (authoring) and Bacharach (concurring in part and dissenting in part). Mandate to issue. [16-4040] [Entered: 01/02/2018 10:24 AM]
January 2, 2018	[10524967] Order filed by Judges Bacharach, Ebel and Kelly granting appellee's petition for rehearing in part and denying its petition for rehearing en banc. See order for details. Served on 1/2/18. [16-4040] [Entered: 01/02/2018 10:12 AM]
January 2, 2018	[10524984] Judgment for opinion filed. [16-4040] [Entered: 01/02/2018 10:35 AM]
January 2, 2018	[10524973] Order filed by Clerk of the Court reopening appeal. Text only entry - no attachment. Entry created for internal docketing purposes only. [16-4040] [Entered: 01/02/2018 10:17 AM]
January 2, 2018	[10525100] Motion to withdraw as counsel filed by attorney Amber M. Mettler. Served on 01/02/2018 by email. --[Edited 01/02/2018 by MLB to correct event code and docket text][16-4040] AMM [Entered: 01/02/2018 01:37 PM]
January 2, 2018	[10525114] Order filed by Clerk of the Court granting attorney Amber M. Mettler to withdraw as counsel. Served on 01/02/2018. Text only entry - no attachment. [16-4040] [Entered: 01/02/2018 02:19 PM]
December 1, 2017	[10518106] Response filed by SCO Group, Inc. to Defendant-Appellee's Petition for Rehearing and Rehearing En Banc. Served on 12/01/2017. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-4040] EN [Entered: 12/01/2017 01:00 PM]
November 17, 2017	[10514643] Order filed by Judges Kelly, Ebel and Bacharach directing appellant to file a response to appellee's petition for panel or en banc rehearing on or before 12/01/2017. Served on. [16-4040] [Entered: 11/17/2017 12:27 PM]
November 13, 2017	[10513233] Petition for rehearing, for rehearing en banc filed by IBM. 6 paper copies to be provided to the court. Served on 11/13/2017. Manner of Service: hand delivery. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-4040] DM [Entered: 11/13/2017 06:03 PM]
October 30, 2017	[10509287] Affirmed in Part and Reversed in Part and Remanded. Terminated on the merits after oral hearing. Written, signed, published. Judges Kelly, Ebel (authoring judge) and Bacharach (concurring in part and dissenting in part). Mandate to issue.--[Edited 10/30/2017 by KF to replace with a corrected Opinion.] --[Edited 01/02/2018 by GH to note that the court issued a revised opinion on 1/2/18] [16-4040] [Entered: 10/30/2017 08:41 AM]
October 30, 2017	[10509292] Judgment for opinion filed. [16-4040] [Entered: 10/30/2017 08:44 AM]
October 30, 2017	[10509285] Order filed by Judges Kelly, Ebel and Bacharach. The Court affirms its previous provisional order acepting the materials under seal. Text only entry - no attachment. The order is attached to the termination entry. [16-4040] [Entered: 10/30/2017 08:38 AM]
October 16, 2017	[10505841] Order filed by Judges Kelly, Ebel and Bacharach granting Movant Sarah Gallant's motion to release oral argument recording. Served on 10/16/2017. [16-4040] [Entered: 10/16/2017 10:51 AM]
October 2, 2017	[10502585] Motion to release the oral argument recording filed by Movant Sarah Gallant. Served on 10/02/2017. Manner of Service: email. [16-4040] [Entered: 10/02/2017 12:00 PM]
March 22, 2017	[10453447] Case argued by Edward Normand for the Appellant; David Marriott for the Appellee; and submitted to Judges Kelly, Ebel and Bacharach. [16-4040] [Entered: 03/22/2017 02:00 PM]
January 19, 2017	[10437420] Oral Argument Acknowledgment Form filed by SCO Group, Inc.. Served on 01/19/2017. Manner of Service: email. [16-4040] EN [Entered: 01/19/2017 08:38 AM]
January 17, 2017	[10436695] Oral Argument Acknowledgment Form filed by IBM. --[Edited 01/17/2017 by PJ - Counsel instructed to file using own ECF account] Served on 01/17/2017. Manner of Service: email. [16-4040] AFS [Entered: 01/17/2017 11:36 AM]
January 17, 2017	[10436873] Oral Argument Acknowledgment Form filed by IBM. Served on 01/17/2017. Manner of Service: email. [16-4040] DM [Entered: 01/17/2017 03:23 PM]
January 11, 2017	[10435531] Calendar notice sent to counsel. Arguments to be held on 03/22/2017 at 9:00 a.m. in Courtroom III of the Byron White United States Courthouse, Denver, CO. Counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The calendar acknowledgment form must be completed and filed with the clerk via Electronic Case Filing within 10 days of today's date. [16-4040] --[Edited 01/11/2017 by AS to specify time as 9:00 a.m.] [Entered: 01/11/2017 11:47 AM]
November 21, 2016	[10423548] Appellant/Petitioner's reply brief filed by SCO Group, Inc.. 7 paper copies to be provided to the court. Served on 11/21/2016. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-4040] EN [Entered: 11/21/2016 12:02 PM]
November 4, 2016	[10419345] Minute order filed - Appellant's optional reply brief now due 11/21/2016 for SCO Group, Inc.. (Text Only - No Attachment) [16-4040] [Entered: 11/04/2016 12:30 PM]
November 2, 2016	[10418832] Appellee/Respondent's brief filed by IBM. 7 paper copies to be provided to the court. Served on: 11/02/2016. Manner of service: email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-4040] DM [Entered: 11/02/2016 05:10 PM]
September 16, 2016	[10405630] Supplement to motion filed by Appellant SCO Group, Inc. to seal Re: Appellant's second supplement to its unopposed motion for permission to file its Opening Brief and Appendix under seal, in response to the Courts directive dated Spetember 12, 2016.. Served on: 09/16/2016. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-4040] [Edited to reflect this is a supplement-- Edited 09/16/2016 by NA] EN [Entered: 09/16/2016 11:35 AM]
September 16, 2016	[10405842] Order filed by Clerk of the Court (JKC) Upon consideration, the opening brief and appenidx volumes 1-5, 10-11, 13, 15-17, 23-24, 26-35, 41-2, 49-51, 57-60, 65 and 67-68 shall be unsealed. The remaining volumes shall remain provisionally sealed. The final determination of the motion to seal [ # 10401474-2 ] is referred to the panel of judges that will later be assigned to consider this case on the merits (no ruling will issue at this time). Please see order for further details. Served on 09/16/2016. [16-4040] [Entered: 09/16/2016 03:12 PM]
September 12, 2016	[10403915] Supplement to motion filed by Appellant SCO Group, Inc. to seal Appendix Volumes 6, 7, 8, 9, 12, 14, 18, 19, 20, 21, 22, 25, 36, 37, 38, 39, 40, 43, 44, 45, 46, 47, 48, 52, 53, 54, 55, 56, 61, 62, 63, 64, 66.. Served on: 09/12/2016. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-4040] [Edited to reflect this is a supplement-- Edited 09/16/2016 by NA] EN [Entered: 09/12/2016 09:50 AM]
September 12, 2016	[10404236] Order filed by Clerk of the Court (LLS) directing appellant to file a second supplement to its motion for permission to file opening brief and appendix under seal on or before 9/16/16. Served on 09/12/2016. (See the attachment for the full order.) [16-4040] [Entered: 09/12/2016 04:35 PM]
September 6, 2016	[10402544] Order filed by Clerk of the Court granting Appellee's motion to extend time to file eres brief. Appellee's brief now due 11/02/2016 for International Business Machines Corporation. No further extensions may be granted on the clerk's authority. Served on 09/06/2016. [16-4040] [Entered: 09/06/2016 03:42 PM]
September 6, 2016	This entry has been removed from the docket as no relief has been requested. [NA] [16-4040] AFS [Entered: 09/06/2016 03:17 PM]
September 6, 2016	[10402507] Motion filed by Appellee IBM to extend time to file appellee/respondent's brief until 11/02/2016. Served on: 09/06/2016. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-4040] AFS [Entered: 09/06/2016 03:16 PM]
September 1, 2016	[10401782] Minute order filed - Appellee's response brief due on 10/03/2016 for International Business Machines Corporation. (Text Only - No Attachment) [16-4040] [Entered: 09/01/2016 11:46 AM]
August 31, 2016	[10401465] Appellant's appendix filed by SCO Group, Inc.. Total number of volumes filed: 68. Served on 08/31/2016. Manner of Service: US mail, email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-4040] [Edited to unseal volumes per the court's order of 9/16/16-- Edited 09/16/2016 by NA] EN [Entered: 08/31/2016 01:05 PM]
August 31, 2016	[10401471] Appellant/petitioner's brief filed by SCO Group, Inc.. 7 paper copies to be provided to the court. Served on 08/31/2016 by US mail, email. Oral argument requested? Yes. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-4040] [Edited to unseal the brief, per the court's order of 9/16/16-- Edited 09/19/2016 by NA] EN [Entered: 08/31/2016 01:12 PM]
August 31, 2016	[10401606] Order filed by Clerk of the Court (JKC) Appellant shall file a supplement to the motion to seal (please see order for further details). Response due on 09/12/2016 for SCO Group, Inc.. The motion is taken under advisement, and the brief and appendix shall remain provisionally sealed pending receipt of Appellant's supplement. This order does not affect any other deadlines in this case. Served on 08/31/2016. [16-4040] [Entered: 08/31/2016 04:06 PM]
August 31, 2016	[10401474] Motion filed by Appellant SCO Group, Inc. to seal Appellant's Appendix (68 volumes) and Appellant's Opening Brief. Served on: 08/31/2016. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-4040] EN [Entered: 08/31/2016 01:15 PM]
July 26, 2016	[10391249] Motion filed by Appellant SCO Group, Inc. to extend time to file appellant/petitioner's brief until 09/15/2016. Served on: 07/26/2016. Manner of service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [16-4040] EN [Entered: 07/26/2016 08:05 AM]
July 26, 2016	[10391461] Order filed by Clerk of the Court (JKC) granting in part, attorney motion to extend time to file appellant's brief and appendix until 08/31/2016 for SCO Group, Inc. No further extensions will be granted on the clerk's authority. Subsequent briefing shall proceed in accordance with the Federal Rules of Appellate Procedure. Served on 07/26/2016. [16-4040] [Entered: 07/26/2016 01:04 PM]
June 22, 2016	[10381050] Filed notice record is complete. Served on 06/22/2016. Appellant's brief and appendix due on 08/01/2016 for SCO Group, Inc. [16-4040] [Entered: 06/22/2016 04:06 PM]
June 14, 2016	[10378338] Minute order filed - Notice due that record is complete by 07/11/2016 for D. Mark Jones, Clerk of Court. (Text Only - No Attachment) [16-4040] [Entered: 06/14/2016 03:52 PM]
May 26, 2016	[10372616] Notice filed that the transcript was filed by Ms. Kelly Hicken in district court on 05/24/2016. Manner of Service: email (text entry only from district court docket). [16-4040] [Entered: 05/26/2016 09:23 AM]
May 24, 2016	[10372012] Transcript order form filed by Ms. Kelly Hicken. Transcript due 05/24/2016 for Kelly Hicken. [16-4040] [Entered: 05/24/2016 01:41 PM]
May 24, 2016	[10372013] Transcript order form filed by Mr. R. Edward Young. Transcript due 05/24/2016 for R. Edward Young. [16-4040] [Entered: 05/24/2016 01:42 PM]
May 17, 2016	[10369299] Attorney admission letter, second notice sent. Attorney admission response date set to 05/27/2016. [16-4040] [Entered: 05/17/2016 08:40 AM]
May 17, 2016	[10369304] Attorney admission letter, second notice sent. Attorney admission response date set to 05/27/2016. [16-4040] [Entered: 05/17/2016 08:43 AM]
May 17, 2016	[10369957] Attorney Evan Chesler for IBM admitted to the bar of this court. [16-4040] [Entered: 05/18/2016 08:25 AM]
May 17, 2016	[10369958] Attorney Mr. Jason C. Cyrulnik for SCO Group, Inc. admitted to the bar of this court. [16-4040] [Entered: 05/18/2016 08:26 AM]
April 14, 2016	[10359626] Admissions letter sent. Response date set to 05/16/2016 for Jason Cyrulnik. [16-4040] [Entered: 04/14/2016 04:37 PM]
April 14, 2016	[10359623] Admissions letter sent. Response date set to 05/16/2016 for Evan R. Chesler. [16-4040] [Entered: 04/14/2016 04:33 PM]
April 13, 2016	[10359031] Notice of appearance filed by Mr. Jason Cyrulnik and Mr. Edward Normand, Esq. for SCO Group, Inc. CERT. OF INTERESTED PARTIES: y (The parties listed are or were counsel of record). Served on 04/13/2016. Manner of Service: email. [16-4040] [Entered: 04/13/2016 12:57 PM]
April 13, 2016	[10358992] Notice of appearance filed by Mr. Stuart H. Singer for SCO Group, Inc. CERT. OF INTERESTED PARTIES: y. Served on 04/13/2016. Manner of Service: email. [16-4040] [Entered: 04/13/2016 12:03 PM]
April 13, 2016	[10358986] Notice of appearance submitted by Edward Normand and Jason Cyrulnik for Appellant SCO Group, Inc. for court review. Certificate of Interested Parties: Yes. Served on 04/13/2016. Manner of Service: email. [16-4040]--[Edited 04/13/2016 by AT to remove PDF as pleading was filed on 4/13/2016.] EN [Entered: 04/13/2016 11:54 AM]
April 13, 2016	[10358965] Notice of appearance submitted by Stuart Singer for Appellant SCO Group, Inc. for court review. Certificate of Interested Parties: Yes. Served on 04/13/2016. Manner of Service: email. [16-4040] --[Edited 04/13/2016 by SLS to remove PDF file from docket entry.] SHS [Entered: 04/13/2016 11:27 AM]
April 13, 2016	[10359072] Acknowledgment of transcript order filed by Mr. Edward Normand, Esq. for SCO Group, Inc.. Transcript ordered: Hearing held March 1, 2007. Served on: 04/13/2016. Manner of Service: email. [16-4040] EN [Entered: 04/13/2016 01:44 PM]
April 13, 2016	[10359097] Docketing statement filed by SCO Group, Inc.. Served on 04/13/2016. Manner of Service: email. [16-4040] EN [Entered: 04/13/2016 02:29 PM]
April 13, 2016	[10359114] Notice of appearance submitted by Amy F. Sorenson; Amber M. Mettler; Evan R. Chesler; David Marriot for Appellee IBM for court review. Certificate of Interested Parties: Yes. Served on 04/13/2016. Manner of Service: email. [16-4040] [Edited to remove PDF as pleading has been filed-- Edited 04/13/2016 by NA] AMM [Entered: 04/13/2016 02:51 PM]
April 13, 2016	[10359075] Acknowledgment of transcript order filed by Mr. Edward Normand, Esq. for SCO Group, Inc.. Transcript ordered: Hearing held April 21, 2005; Hearing held March 5, 2007; Hearing held March 7, 2007; Hearing held June 11, 2015. Served on: 04/13/2016. Manner of Service: email. [16-4040] EN [Entered: 04/13/2016 01:46 PM]
April 13, 2016	[10359085] Minute order filed - Transcript order form due 04/27/2016 for Kelly Hicken (Transcripts for 04/21/2005, 03/05/2007, 03/07/2007, and 06/11/2015) and R. Edward Young (Other Proceedings: 03/01/2007 and 03/05/2007). (Text Only - No Attachment) [16-4040] [Entered: 04/13/2016 02:02 PM]
April 13, 2016	[10359125] Notice of appearance filed by Evan R. Chesler, Mr. David Marriott Ms. Amber M. Mettler and Ms. Amy F. Sorenson for IBM. CERT. OF INTERESTED PARTIES: y. Served on 04/13/2016. Manner of Service: email [16-4040] [Entered: 04/13/2016 03:09 PM]
March 30, 2016	[10354876] Civil case docketed. Preliminary record filed. DATE RECEIVED: 03/29/2016. Transcript order form and docketing statement due 04/13/2016 for SCO Group, Inc. Notice of appearance due on 04/13/2016 for International Business Machines Corporation and SCO Group, Inc. [16-4040] [Entered: 03/30/2016 09:24 AM]

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Search for this case: SCO Group v. IBM
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Appellant: THE SCO GROUP, INC., a Delaware corporation
Represented By:	Edward Normand Esq.
Represented By:	Mark F. James
Represented By:	Stuart H. Singer
Represented By:	Brent O. Hatch
Represented By:	Jason C. Cyrulnik
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Petitioner: SARAH GALLANT
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Counter claimant: INTERNATIONAL BUSINESS MACHINES CORPORATION
Represented By:	Thomas G. Rafferty
Represented By:	Evan Chesler
Represented By:	Nathan E. Wheatley
Represented By:	David Marriott
Represented By:	Alan L. Sullivan
Represented By:	Peter H. Donaldson
Represented By:	Amy F. Sorenson
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