SCO Grp v. Novell Inc Featured Case
Plaintiff: SCO Group
Defendant: Novell, Inc.
Counter Claimant: Novell, Inc.
Counter Defendant: SCO Group
Case Number: 2:2004cv00139
Filed: February 6, 2004
Court: US District Court for the District of Utah
Office: Central Office
County: Utah
Presiding Judge: Ted Stewart
Presiding Judge: Brooke C. Wells
Nature of Suit: Copyright
Cause of Action: 28:1441 Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 7, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2010 Filing 891 RESPONSE re 890 Objections, to Bill of Costs filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling)
August 26, 2010 Filing 890 OBJECTIONS to 879 Bill of Costs filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A)(Normand, Edward)
August 17, 2010 Opinion or Order Filing 889 ORDER denying 883 Motion to Stay. Signed by Judge Ted Stewart on 08/16/2010. (asp)
July 26, 2010 Opinion or Order Filing 888 MEMORANDUM in Opposition re 883 MOTION to Stay Taxation of Costs filed by Defendant Novell, Inc.. (Brennan, Sterling)
July 21, 2010 Opinion or Order Filing 887 Please be advised the Record is complete for purposes of appeal for USCA case number 10-4122 re 881 Notice of Appeal. (jmr)
July 20, 2010 Opinion or Order Deadlines terminated. Transcript deadlines terminated for docket entry 855. Original transcript will remain restricted. A corrected version was added and has been released. (rks)
July 15, 2010 Opinion or Order Filing 886 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 25, 2010-Jury Instruction Conference before Judge Ted Stewart, re 881 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 8/5/2010. Redacted Transcript Deadline set for 8/16/2010. Release of Transcript Restriction set for 10/13/2010. (jmr)
July 15, 2010 Opinion or Order Filing 885 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of February 25, 2010-Motion Hearing before Judge Ted Stewart, re 881 Notice of Appeal. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 8/5/2010. Redacted Transcript Deadline set for 8/16/2010. Release of Transcript Restriction set for 10/13/2010. (jmr)
July 9, 2010 Opinion or Order Filing 884 USCA Case Number Case Appealed to Tenth Case Number 10-4122 for 881 Notice of Appeal, filed by SCO Group. (jmr)
July 8, 2010 Opinion or Order Filing 883 MOTION to Stay Taxation of Costs filed by Plaintiff SCO Group. (Attachments: # 1 Appendix Unpublished Cases)(Hatch, Brent)
July 8, 2010 Opinion or Order Filing 882 Transmission of Preliminary Record to USCA re 881 Notice of Appeal with partial docket attached. (jmr)
July 7, 2010 Opinion or Order Filing 881 NOTICE OF APPEAL as to 876 Findings of Fact & Conclusions of Law, 878 Judgment, 877 Order on Motion for Judgment as a Matter of Law, Order on Motion for New Trial, Memorandum Decision filed by SCO Group. Appeals to the USCA for the 10th Circuit. Filing fee $ 455, receipt number 1088-1150192. (Hatch, Brent)
June 24, 2010 Opinion or Order Filing 880 RESPONSE re 879 Bill of Costs,, Memorandum filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Brennan, Sterling)
June 24, 2010 Opinion or Order Filing 879 BILL OF COSTS filed by Novell, Inc.. (Brennan, Sterling)
June 10, 2010 Opinion or Order Filing 878 JUDGMENT in favor of Novell, Inc. against SCO Group. Case Closed. Signed by Judge Ted Stewart on 06/10/2010. (asp)
June 10, 2010 Opinion or Order Filing 877 MEMORANDUM DECISION denying 871 Motion for Judgment as a Matter of Law ; denying 874 Motion for New Trial. Signed by Judge Ted Stewart on 06/10/2010. (asp)
June 10, 2010 Opinion or Order Filing 876 FINDINGS OF FACT AND CONCLUSIONS OF LAW that Novells claim for declaratory judgment is GRANTED ; that SCOs claims for specific performance and breach of the implied covenant of good faith and fair dealing are DENIED. Signed by Judge Ted Stewart on 06/10/2010. (asp)
May 28, 2010 Opinion or Order Filing 875 REPLY to Response to Motion re 874 MOTION for New Trial and 871 Motion for Judgment filed by Plaintiff SCO Group. (Hatch, Brent) Modified on 6/3/2010 added link to Motion 871 (las).
May 11, 2010 Opinion or Order Filing 873 MEMORANDUM in Opposition re 871 MOTION for Judgment as a Matter of Law OR A NEW TRIAL, re 874 MOTION for New Trial filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling) Modified on 5/12/2010 ; added docket relationship to 874 (asp).
April 27, 2010 Opinion or Order Filing 874 MOTION for New Trial filed by Plaintiff SCO Group. See document 871 for image. (asp)
April 27, 2010 Opinion or Order Filing 872 MEMORANDUM in Support re 871 MOTION for Judgment as a Matter of Law filed by Plaintiff SCO Group. (Hatch, Brent)
April 27, 2010 Opinion or Order Filing 871 MOTION for Judgment as a Matter of Law filed by Plaintiff SCO Group. (Hatch, Brent)
April 19, 2010 Opinion or Order Filing 869 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 26, 2010-Jury Trial before Judge Ted Stewart, re 567 Notice of Appeal. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Two)(jmr) Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 868 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 25, 2010-Jury Trial before Judge Ted Stewart, re 567 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Two, # 2 Part Three)(jmr) Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 867 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 24, 2010-Jury Trial before Judge Ted Stewart, re 567 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Two, # 2 Part Three)(jmr) Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 866 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 23, 2010-Jury Trial before Judge Ted Stewart, re 567 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Two, # 2 Part Three)(jmr) Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 865 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 22, 2010-Jury Trial before Judge Ted Stewart, re 567 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Two, # 2 Part Three)(jmr) Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 864 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 19, 2010-Jury Trial before Judge Ted Stewart, re 567 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Three, # 2 Part Three)(jmr) Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 863 NOTICE OF FILING OF OFFICIAL TRANSCRIPT re March 18, 2010-Jury Trial-Volume IX before Judge Stewart re: 567 Notice of Appeal,. Court Reporter/Transcriber Ed Young, Laura Robinson, Patti Walker, Telephone number (801) 328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Two, # 2 Part Three)(jmr) Modified on 4/20/2010 (jmr). Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 862 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 17, 2010-Jury Trial before Judge Ted Stewart, re 567 Notice of Appeal,. Court Reporter/Transcriber Laura W. Robinson Rebecca Janke Patti Walker, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Two, # 2 Part Three)(jmr) Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 861 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 16, 2010-Jury Trial-Volume VII before Judge Ted Stewart, re 567 Notice of Appeal. Court Reporter/Transcriber Ed Young, Becky Janke, Patti Walker, Telephone number (801) 328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Two, # 2 Part Three)(jmr) Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 860 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 15, 2010-Jury Trial before Judge Ted Stewart, re 567 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Two, # 2 Part Three)(jmr) Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 859 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 12, 2010-Jury Trial before Judge Ted Stewart re 567 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Two, # 2 Part Three)(jmr) Modified on 4/20/2010-added text (jmr). Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 858 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 11, 2010-Jury Trial before Judge Ted Stewart, re 567 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Two, # 2 Part Three)(jmr) Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 857 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 10, 2010-Jury Trial-Volume II before Judge Ted Stewart, re 567 Notice of Appeal,. Court Reporter/Transcriber Ed Young, Ray Fenlon, Patti Walker, Telephone number (801) 328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Two, # 2 Part 3)(jmr) Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 856 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 9, 2010-Jury Trial(Parts Two and Three) before Judge Ted Stewart, re 567 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (Attachments: # 1 Part Three)(jmr) Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 855 **RESTRICTED DOCUMENT**Original transcript will not be released. Corrected transcript is NOT restricted.NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 9, 2010-Jury Trial(Part One) before Judge Ted Stewart, re 567 Notice of Appeal. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (jmr) Modified on 4/20/2010 to make transcript Part One (jmr). (Additional attachment(s) added on 4/29/2010: # 1 Corrected Transcript) (jmr). Modified by releasing corrected transcript only and adding informative text on 7/19/10 and 7/21/2010 (rks). (Additional attachment(s) added on 7/21/2010: # 2 Transcript of 3/9/10-Part One Pages 1-85) (jmr).
April 19, 2010 Opinion or Order Filing 854 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of March 8, 2010-Jury Trial-Jury Selection before Judge Ted Stewart, re 567 Notice of Appeal,. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (801)364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 5/10/2010. Redacted Transcript Deadline set for 5/20/2010. Release of Transcript Restriction set for 7/19/2010. (jmr) (Additional attachment(s) added on 4/30/2010: # 1 Corrected Transcript) (jmr). Modified by removing restricted text on 7/19/2010 (rks).
April 19, 2010 Opinion or Order Filing 853 Proposed Findings of Fact by SCO Group. (Hatch, Brent)
April 19, 2010 Opinion or Order Filing 852 Proposed Findings of Fact by Novell, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brennan, Sterling)
April 16, 2010 Opinion or Order Filing 851 DOCKET TEXT ORDER granting 850 Motion for Extension of Time. Signed by Judge Ted Stewart on 4/16/2010. No attached document. (srs)
April 15, 2010 Opinion or Order Filing 850 MOTION for Extension of Time for filing Proposed Findings of Fact and Conclusions of Law filed by Plaintiff SCO Group. (Hatch, Brent)
March 30, 2010 Opinion or Order Filing 848 **SEALED DOCUMENT** Jury Notes. (slm) Modified on 3/30/2010: corrected to read "Jury Notes" (alt)
March 30, 2010 Opinion or Order Filing 847 Jury Instructions. (slm)
March 30, 2010 Opinion or Order Filing 846 JURY VERDICT for Defendant Novell. (slm)
March 30, 2010 Opinion or Order Filing 845 Witness and Exhibit List, filed by Plaintiff SCO Group, Defendant Novell, Inc.. (slm)
March 30, 2010 Opinion or Order Filing 844 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial completed on 3/30/2010. Jury returns a verdict for Defendant Novell, Inc. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: Karen Murakami. (slm)
March 29, 2010 Opinion or Order Filing 843 ORDER for Supplemental Jury Fees. Signed by Judge Ted Stewart on 03/29/2010. (asp)
March 26, 2010 Opinion or Order Filing 842 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/26/2010. The Court instructs the jury, and closing statements are delivered. The jury is released to begin deliberations. At 5:30 p.m., the jury breaks for the week, and will return at 8:30 a.m. on Tuesday morning to continue deliberations. The Court gives cautionary instructions on proper behavior for jurors during deliberations. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: various. (slm)
March 26, 2010 Opinion or Order Filing 839 MEMORANDUM DECISION granting Plaintiff's oral Motion for Judgment as a Matter of Law ; finding as moot 835 Motion for Judgment as a Matter of Law. Signed by Judge Ted Stewart on 03/26/2010. (asp)
March 26, 2010 Opinion or Order Filing 838 MEMORANDUM DECISION denying 833 Motion for Judgment as a Matter of Law. Signed by Judge Ted Stewart on 03/26/2010. (asp)
March 26, 2010 Opinion or Order Filing 836 MEMORANDUM in Support re 835 MOTION for Judgment as a Matter of Law SCO'S RULE 50(a) MOTION AT THE CLOSE OF ALL EVIDENCE filed by Plaintiff SCO Group. (Hatch, Brent)
March 26, 2010 Opinion or Order Filing 835 MOTION for Judgment as a Matter of Law SCO'S RULE 50(a) MOTION AT THE CLOSE OF ALL EVIDENCE filed by Plaintiff SCO Group. (Hatch, Brent)
March 26, 2010 Opinion or Order Filing 834 MEMORANDUM in Support re 833 MOTION for Judgment as a Matter of Law NOVELL, INC.'S RULE 50(a) MOTION AT THE CLOSE OF ALL EVIDENCE filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling)
March 26, 2010 Opinion or Order Filing 833 MOTION for Judgment as a Matter of Law NOVELL, INC.'S RULE 50(a) MOTION AT THE CLOSE OF ALL EVIDENCE filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling)
March 25, 2010 Opinion or Order Filing 841 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/25/2010. Outstanding issues are resolved out of the presence of the jury. Testimony heard, rebuttal witnesses called, and exhibits admitted. Both sides. The jury is released until tomorrow morning. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: various. (slm)
March 25, 2010 Opinion or Order Filing 832 Memorandum of Points and Authorities Concerning the Proper Scope of Closing Arguments filed by Plaintiff SCO Group. (Hatch, Brent)
March 25, 2010 Opinion or Order Filing 831 MEMORANDUM DECISION denying 828 Motion to Strike. Signed by Judge Ted Stewart on 03/25/2010. (asp)
March 25, 2010 Opinion or Order Filing 830 MEMORANDUM DECISION denying 829 Motion for Judgment as a Matter of Law. Signed by Judge Ted Stewart on 03/25/2010. (asp)
March 25, 2010 Opinion or Order Filing 829 MOTION for Judgment as a Matter of Law NOVELL'S RULE 50(A) MOTION AT THE CLOSE OF PLAINTIFF'S CASE filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling)
March 24, 2010 Opinion or Order Filing 840 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/24/2010. Trial continues. Testimony heard, exhibits admitted. Jury released until tomorrow morning at 8:30 a.m. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: various. (slm)
March 24, 2010 Opinion or Order Filing 828 MOTION to Strike Testimony That is Inconsistent with Unambiguous Contract Language filed by Defendant Novell, Inc.. (Brennan, Sterling)
March 24, 2010 Opinion or Order Filing 827 RESPONSE to Jury Instructions filed by Plaintiff SCO Group. (Hatch, Brent)
March 24, 2010 Opinion or Order Filing 826 Proposed Jury Instructions by Novell, Inc.. (Brennan, Sterling)
March 24, 2010 Opinion or Order Filing 825 MEMORANDUM in Opposition re 823 MOTION to Strike TESTIMONY OF DAMAGES AFTER JUNE 9, 2004 filed by Plaintiff SCO Group. (Hatch, Brent)
March 24, 2010 Opinion or Order Filing 824 REPLY BRIEF NOVELL'S RESPONSE TO SCO'S OBJECTION TO CERTAIN TESTIMONY OF TOR BRAHAM filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Brennan, Sterling)
March 23, 2010 Opinion or Order Filing 837 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/23/2010. Out of the jury's hearing, trial issues are resolved. Trial continues. Testimony heard, exhibits admditted. Attorney for Plaintiff: Stuart Singer, Ed Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Erick Acker, Michael Jacobs. Court Reporter: various. (slm)
March 23, 2010 Opinion or Order Filing 823 MOTION to Strike TESTIMONY OF DAMAGES AFTER JUNE 9, 2004 filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling)
March 22, 2010 Opinion or Order Filing 822 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/22/2010. Week three of trial begins. Testimony heard, exhibits admitted. Trial will continue tomorrow morning at 8:30 a.m. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: P. Walker, E. Young, B. Janke. (slm)
March 22, 2010 Opinion or Order Filing 821 APPENDIX to 819 Memorandum (NOT to motion), Memorandum (NOT to motion) filed by Plaintiff SCO Group. (Hatch, Brent)
March 22, 2010 Opinion or Order Filing 820 REPLY BRIEF Novell's Response to SCO's Objection to Novell's Designation of Testimony of Michael DeFazio filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Attachments: # 1 Exhibit A)(Brennan, Sterling)
March 21, 2010 Opinion or Order Filing 819 Memorandum of Points and Authorities on the Limitations on Novell's Trial Testimony Imposed by Novell's Own Privilege Objections filed by Plaintiff SCO Group. (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)(Hatch, Brent)
March 21, 2010 Opinion or Order Filing 818 MOTION TO PRECLUDE SCO FROM CALLING TROY KELLER AS A WITNESS filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling)
March 21, 2010 Opinion or Order Filing 817 MEMORANDUM in Opposition re 815 MOTION for Leave to Examine Its First Witness on Prior Rulings filed by Plaintiff SCO Group. (Attachments: # 1 Appendix of Unpublished Cases)(Hatch, Brent)
March 21, 2010 Opinion or Order Filing 816 OBJECTIONS to Novell's Designation of Testimony of Michael Defazio filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A)(Hatch, Brent)
March 21, 2010 Opinion or Order Filing 815 MOTION for Leave to Examine Its First Witness on Prior Rulings filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling)
March 19, 2010 Opinion or Order Filing 814 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/19/2010. Out of the hearing of the jury, trial issues are discussed and resolved. Testimony heard, exhibits admitted. The jury is again instructed on proper behavior and released for the weekend. Trial will continue Monday morning, 3/22/10, at 8:30 a.m. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: L. Robinson, Becky Janke, Patti Walker. (slm)
March 18, 2010 Opinion or Order Filing 813 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/18/2010. Trial continues. Testimony heard, exhibits admitted. Trial will continue tomorrow morning at 8;30 a.m. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: E. Young, L. Robinson, Patti Walker. (slm)
March 18, 2010 Opinion or Order Filing 812 Proposed Jury Instructions by SCO Group, Novell, Inc.. (Hatch, Brent)
March 18, 2010 Opinion or Order Filing 811 Proposed Jury Verdict by Plaintiff SCO Group. (Hatch, Brent)
March 17, 2010 Opinion or Order Filing 810 MOTION Renewed Motion Regarding Prior District Court Rulings filed by Defendant Novell, Inc.. (Brennan, Sterling)
March 17, 2010 Opinion or Order Filing 809 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/17/2010. Again, the Court addresses pending motions/requests of counsel. The jury is brought in and trial continues. Testimony heard, exhibits admitted. Trial will resume at 8:30 tomorrow morning. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: various. (slm)
March 17, 2010 Opinion or Order Filing 806 DOCUMENTS LODGED consisting of Letter from Brent Hatch. (asp)
March 17, 2010 Opinion or Order Filing 805 Motion to Allow Testimony Pursuant to Federal Rule of Evidence 803(3) filed by Plaintiff SCO Group. (Attachments: # 1 Appendix of Unpublished Cases)(Hatch, Brent) Modified on 3/17/2010 changed docket text from Notice of Filing to Motion (asp).
March 16, 2010 Opinion or Order Filing 808 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/16/2010. Out of the presence of the jury the Court deals with pending requests/motions. Testimony heard, exhibits admitted. Trial to continue tomorrow morning at 8:30 a.m. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: various. (slm)
March 16, 2010 Opinion or Order Filing 804 Memorandum of Points and Authorities in Support of Likely Objections to Dr. Christine A. Botosan Testimony filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Brennan, Sterling)
March 16, 2010 Opinion or Order Filing 803 Memorandum of Points and Authorities in Support of Likely Objections to Dr. Gary A. Pisano Testimony filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A)(Brennan, Sterling)
March 16, 2010 Opinion or Order Filing 802 NOTICE OF FILING of Opposition to SCO's Letter to the Court of March 15, 2010, Regarding Admission of Deposition Testimony from the IBM Case filed by Defendant Novell, Inc.. (Brennan, Sterling)
March 15, 2010 Opinion or Order Filing 801 NOTICE OF FILING of Offer of Proof Regarding Prior Inconsistent Declaration of Steven Sabbath filed by Defendant Novell, Inc.. (Attachments: # 1 Attachment-Novell Trial Ex. Y23)(Brennan, Sterling)
March 15, 2010 Opinion or Order Filing 800 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/15/2010. Out of the haring of the jury, defendants move for a mistrial. The Court takes the matter under advisement. Trial continues. Testimony heard, exhibits admitted. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: Patti Walker, Kelly Hicken, Laura Robinson. (slm) Modified on 3/17/2010 (slm).
March 15, 2010 Opinion or Order Filing 799 ORDER DENYING DEFENDANTS ORAL MOTION FOR MISTRIAL. Signed by Judge Ted Stewart on 03/15/2010. (asp)
March 15, 2010 Opinion or Order Filing 798 MEMORANDUM in Opposition re 790 MOTION to Allow Evidence Responding to SCO's Allegation that Novell's Slander Continues "To This Very Day" filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hatch, Brent)
March 12, 2010 Opinion or Order Filing 797 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/12/2010. Trial continues. Testimony heard, exhibits admitted. The Court reminds jurors that only a portion of the evidence is in and they are not to be making up their minds, nor discussing the case with anyone. Jurors released until Monday morning at 8:30 a.m. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: Patti Walker, Ray Fenlon, Laura Robinson. (slm)
March 12, 2010 Opinion or Order Filing 792 DOCUMENTS LODGED consisting of Letter from Sterling A. Brennan. (asp)
March 12, 2010 Opinion or Order Filing 791 DOCUMENTS LODGED consisting of Letter from Brent O. Hatch. (asp)
March 11, 2010 Opinion or Order Filing 796 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/11/2010. Trial continues. Testimony heard, exhibits admitted. The jury is released for the evening. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: Patti Walker, Ray Fenlon, Laura Robinson. (slm)
March 11, 2010 Opinion or Order Filing 790 MOTION to Allow Evidence Responding to SCO's Allegation that Novell's Slander Continues "To This Very Day" filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A-Trial Testimony, # 2 Exhibit B-Order)(Brennan, Sterling)
March 11, 2010 Opinion or Order Filing 789 Letter from US Supreme Court re: Notice of Petition for Writ of Certiorari re 567 Notice of Appeal. Supreme Court Case Number 09-1061. (jmr)
March 10, 2010 Opinion or Order Filing 795 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/10/2010. Trial continues. Testimony heard, exhibits admitted. Trial will continue tomorrow morning. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: Patti Walker, Ray Fenlon, Ed Young. (slm)
March 10, 2010 Opinion or Order Filing 788 DOCUMENTS LODGED consisting of Letter from Brent Hatch. (asp)
March 9, 2010 Opinion or Order Filing 794 Minute Entry for proceedings held before Judge Ted Stewart: Jury Trial held on 3/9/2010. Counsel deliver opening statements, and the trial begins. Testimony heard, exhibits admitted. The jury is instructed on appropriate behavior and released for the day. Trial will continue tomorrow morning at 8;30 a.m. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: Patti Walker, Ed Young, Kelly Hicken. (slm)
March 9, 2010 Opinion or Order Filing 787 Proposed Jury Instructions by Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Brennan, Sterling)
March 8, 2010 Opinion or Order Filing 849 **SEALED DOCUMENT** Jury Seating Arrangement. (slm)
March 8, 2010 Opinion or Order Filing 807 **SEALED DOCUMENT** Jury Panel Record. (slm)
March 8, 2010 Opinion or Order Filing 793 Minute Entry for proceedings held before Judge Ted Stewart: Voir Dire held on 3/8/2010. 52 jurors are sworn and questioned. 13 jurors (one alternate) are sworn and seated. The jurors are released for the day, and trial will begin tomorrow morning at 8:30 a.m. Attorney for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Attorney for Defendant Sterlilng Brennan, Eric Acker, Michael Jacobs. Court Reporter: Patti Walker. (slm)
March 8, 2010 Opinion or Order Filing 786 REPLY BRIEF re 772 Objections to Novell's Proposed Jury Instructions filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Brennan, Sterling)
March 8, 2010 Opinion or Order Filing 785 REPLY BRIEF in Support of SCO's Objections to Novell's Proposed Verdict Form filed by Plaintiff SCO Group. (Hatch, Brent)
March 8, 2010 Opinion or Order Filing 784 REPLY BRIEF in Support of SCO's Objections to Novell's Proposed Jury Instructions filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hatch, Brent)
March 8, 2010 Opinion or Order Filing 783 Memorandum of Point and Authorities Responding to SCO's Objection to Board Meeting Minutes filed by Defendant Novell, Inc.. (Brennan, Sterling)
March 8, 2010 Opinion or Order Filing 782 DOCUMENTS LODGED consisting of Letter from Sterling A. Brennan. (asp)
March 8, 2010 Opinion or Order Filing 781 MEMORANDUM DECISION denying 775 Motion in Limine. Signed by Judge Ted Stewart on 03/08/2010. (asp)
March 8, 2010 Opinion or Order Filing 780 Proposed Witness List (Depositions) by SCO Group. (Hatch, Brent)
March 8, 2010 Opinion or Order Filing 779 Proposed Witness List (May Call) by SCO Group. (Hatch, Brent)
March 8, 2010 Opinion or Order Filing 778 Proposed Witness List (Will Call) by SCO Group. (Hatch, Brent)
March 8, 2010 Opinion or Order Filing 777 Proposed Exhibit List by Plaintiff SCO Group.. (Hatch, Brent)
March 7, 2010 Opinion or Order Filing 776 Memorandum Memorandum of Authorities Regarding Excusing Potential Jurors Having Knowledge Pertaining to This Dispute filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling)
March 7, 2010 Opinion or Order Filing 775 Fourth MOTION in Limine Novell's Motion for Further Ruling on Motion in Limine No. 4 to Preclude SCO From Contesting that Novell Had An Objectively Reasonable, Good Faith Basis for Its Statements Regarding Copyright Ownership filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (Brennan, Sterling)
March 6, 2010 Opinion or Order Filing 774 OBJECTIONS to 739 Proposed Jury Instructions filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Brennan, Sterling)
March 6, 2010 Opinion or Order Filing 773 OBJECTIONS to 741 Proposed Jury Verdict filed by Defendant Novell, Inc.. (Brennan, Sterling)
March 5, 2010 Opinion or Order Filing 772 OBJECTIONS to Novell's Proposed Jury Instructions and Verdict Form filed by Plaintiff SCO Group. (Attachments: # 1 Appendix of Unpublished Cases)(Hatch, Brent)
March 5, 2010 Opinion or Order Filing 771 Proposed Witness List (Depositions) by Novell, Inc.. (Brennan, Sterling)
March 5, 2010 Opinion or Order Filing 770 Proposed Witness List (May Call) by Novell, Inc.. (Brennan, Sterling)
March 5, 2010 Opinion or Order Filing 769 Proposed Witness List (Will Call) by Novell, Inc.. (Brennan, Sterling)
March 5, 2010 Opinion or Order Filing 768 Proposed Exhibit List by Defendant Novell, Inc... (Brennan, Sterling)
March 5, 2010 Opinion or Order Filing 767 TRIAL BRIEF (Amended) by Defendant Novell, Inc.. (Brennan, Sterling)
March 5, 2010 Opinion or Order Filing 766 MEMORANDUM DECISION and ORDER Limiting Use of Deposition Testimony During Opening Statements. Signed by Judge Ted Stewart on 3/5/2010. (ce)
March 5, 2010 Opinion or Order Filing 765 DOCUMENTS LODGED consisting of Letter from Brent O. Hatch re: trial matters. (ce)
March 5, 2010 Opinion or Order Filing 764 DOCUMENTS LODGED consisting of Letter from Brent O. Hatch to Judge Stewart re: videos and other demonstrative evidence to be used in opening statement. (ce)
March 5, 2010 Opinion or Order Filing 763 MEMORANDUM DECISION Denying Defendant's 729 Request for Judicial Notice of Prior Factual Findings. Signed by Judge Ted Stewart on 3/5/2010. (ce)
March 5, 2010 Opinion or Order Filing 762 MEMORANDUM DECISION granting 748 Motion to Determine that First Amendment Defenses Apply to Slander of Title and Require Proof of Constitutional Malice. Defendant's Motions in Limine No. 2 to Determine that First Amendment Defenses Apply to Slander of Title filed by Defendant Novell, Inc. and Motion in Limine No. 3 to Determine that SCO is a Limited Purpose Public Figure filed by Defendant Novell, Inc. are granted. Signed by Judge Ted Stewart on 3/5/2010. (ce)
March 5, 2010 Opinion or Order Filing 761 MEMORANDUM DECISION and ORDER on Allocation of Issues for Bench and Jury Trial. Signed by Judge Ted Stewart on 3/5/2010. (ce)
March 5, 2010 Opinion or Order Filing 760 Memorandum Addressing Novell's Request for Advisory Verdict filed by Plaintiff SCO Group. (Hatch, Brent)
March 4, 2010 Opinion or Order Filing 759 MEMORANDUM in Opposition re 748 MOTION to Determine that First Amendment Defenses Apply to Slander of Title and Require Proof of Constitutional Malice filed by Plaintiff SCO Group. (Attachments: # 1 Appendix of Unpublished Cases)(Hatch, Brent)
March 4, 2010 Opinion or Order Filing 758 RESPONSE re 729 Request, 749 Brief, to Novell's Request for Judicial Notice filed by Plaintiff SCO Group. (Hatch, Brent)
March 4, 2010 Opinion or Order Filing 756 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 25, 2010-Motion Hearing before Judge Ted Stewart. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 3/25/2010. Redacted Transcript Deadline set for 4/5/2010. Release of Transcript Restriction set for 6/2/2010. (jmr) Modified by removing restricted text on 6/2/2010 (rks).
March 3, 2010 Opinion or Order Filing 755 Proposed Witness List Amended Supplemental Rule 26(a)(3) Pretrial Disclosures by Novell, Inc.. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B)(Brennan, Sterling)
March 3, 2010 Opinion or Order Filing 754 Proposed Exhibit List (Second Amended Supplemental Rule 26(a)(3) Pretrial Disclosures) by Plaintiff SCO Group.. (Hatch, Brent)
March 3, 2010 Opinion or Order Filing 753 Proposed Voir Dire by Plaintiff SCO Group, Defendant Novell, Inc.. (Hatch, Brent)
March 2, 2010 Opinion or Order Filing 752 DOCUMENTS LODGED consisting of Letter from Sterling A. Brennan. (asp)
March 2, 2010 Opinion or Order Filing 751 BRIEF REGARDING ISSUES TO BE TRIED IN EQUITY BY THE COURT filed by Plaintiff SCO Group. (Hatch, Brent)
March 2, 2010 Opinion or Order Filing 750 Submission Addressing Allocation of Issues for Bench and Jury Trial BRIEF re 733 Pretrial Conference - Final filed by Plaintiff SCO Group, Defendant Novell, Inc.. (Brennan, Sterling)
March 2, 2010 Opinion or Order Filing 749 BRIEF in Support re 729 Request for Judicial Notice of Prior Factual Findings filed by Defendant Novell, Inc.. (Brennan, Sterling) Modified on 3/3/2010 added in Support to docket text (asp).
March 2, 2010 Opinion or Order Filing 748 MOTION to Determine that First Amendment Defenses Apply to Slander of Title and Require Proof of Constitutional Malice filed by Defendant Novell, Inc.. (Attachments: # 1 Errata 1, # 2 Exhibit 2, # 3 Exhibit 3)(Brennan, Sterling)
March 2, 2010 Opinion or Order Filing 747 MEMORANDUM DECISION denying 657 Motion for Daubert Hearing. Signed by Judge Ted Stewart on 03/02/2010. (asp)
March 2, 2010 Opinion or Order Filing 746 MEMORANDUM DECISION denying 655 Motion for Daubert Hearing. Signed by Judge Ted Stewart on 03/02/2010. (asp)
March 2, 2010 Opinion or Order Filing 745 MEMORANDUM DECISION denying 659 Motion for Daubert Hearing. Signed by Judge Ted Stewart on 03/02/2010. (asp)
March 2, 2010 Opinion or Order Filing 744 OBJECTIONS to Novell's Rule 26(a)(3) Disclosures filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A)(Hatch, Brent)
March 1, 2010 Opinion or Order Filing 743 Proposed Jury Instructions by SCO Group. (Hatch, Brent)
March 1, 2010 Opinion or Order Filing 742 TRIAL BRIEF by Plaintiff SCO Group. (Attachments: # 1 Appendix A, # 2 Appendix of Unpublished Cases)(Hatch, Brent)
March 1, 2010 Opinion or Order Filing 741 Proposed Jury Verdict by Plaintiff SCO Group. (Hatch, Brent)
March 1, 2010 Opinion or Order Filing 740 Proposed Jury Instructions by Novell, Inc.. (Brennan, Sterling)
March 1, 2010 Opinion or Order Filing 739 Proposed Jury Instructions by SCO Group, Novell, Inc.. (Brennan, Sterling)
March 1, 2010 Opinion or Order Filing 738 TRIAL BRIEF by Defendant Novell, Inc.. (Brennan, Sterling)
March 1, 2010 Opinion or Order Filing 737 Proposed Jury Verdict by Defendant Novell, Inc.. (Brennan, Sterling)
March 1, 2010 Opinion or Order Filing 736 OBJECTIONS to 625 Exhibit List(Proposed) Second Amended Supplemental Rule 26(a)(3) Disclosures filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A)(Brennan, Sterling)
February 26, 2010 Opinion or Order Filing 734 DOCUMENTS LODGED consisting of Letter from Sterling A. Brennan. (asp)
February 25, 2010 Opinion or Order Filing 735 ORDER Setting Briefing Schedule: Novell may file a brief in support of the Request by 5:00 p.m. on Tuesday, March 2, 2010 and Plaintiff and counterclaim defendant The SCO Group may file a brief in response to Novell's brief by 5:00 p.m. on Thursday, March 4, 2010. Signed by Judge Ted Stewart on 02/25/2010. (asp)
February 25, 2010 Opinion or Order Filing 733 Minute Entry for proceedings held before Judge Ted Stewart: Final Pretrial Conference held on 2/25/2010. Defendant asks for judicial notice regarding Judge Kimball's and the 10th Circuit's prior findings on this case. The Court asks counsel to avoid reference to these findings without prior notice to the Court. The parties report that they do not agree on specifically what should be decided by the Court, and what should go to the jury. The Court asks counsel to submit their understanding of the issues referred to in the pretrial order by Tuesday, March 2; with responses due by Thursday, March 4. The Court outlines its preferred trial procedures and deadlines. Counsel are asked to review the section of "Courtroom Conduct" in the Court's trial order. Counsel raise 1st amendment issues, and they are instructed to submit any motions regarding this issue by Tuesday, March 2, with responses due Thursday, March 4. Attorney for Plaintiff: Brent Hatch, Stuart Singer, Edward Normand, Jason Cyrulnik, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: Patti Walker. (slm)
February 25, 2010 Opinion or Order Filing 732 Minute Entry for proceedings held before Judge Ted Stewart: Motion Hearing held on 2/25/2010 re 657 MOTION for Daubert Hearing to Disqualify Dr. Gary Pisano filed by Novell, Inc., 655 MOTION for Daubert Hearing to Disqualify Dr. Christine A. Botosan filed by Novell, Inc., 659 MOTION for Daubert Hearing to Disqualify G. Gervaise Davis III filed by Novell, Inc.. The Court hears argument on the 3 daubert motions filed by defendant, and takes the motions under advisement. Attorney for Plaintiff: Brent Hatch, Stuart Singer, Edward Normand, Jason Cyrulnik, Attorney for Defendant Sterling Brennan, Eric Acker, Michael Jacobs. Court Reporter: Patti Walker. (slm)
February 25, 2010 Opinion or Order Filing 731 PRETRIAL ORDER: 3 Week Jury Trial set for 3/8/2010 08:30 AM in Room 142 before Judge Ted Stewart. Signed by Judge Ted Stewart on 02/25/2010. (asp)
February 25, 2010 Opinion or Order Filing 730 ORDER denying 629 Motion in Limine; denying 630 Motion in Limine. Signed by Judge Ted Stewart on 02/25/2010. (asp)
February 24, 2010 Opinion or Order Filing 729 REQUEST for Judicial Notice of Prior Factual Findings filed by Defendant Novell, Inc.. (Brennan, Sterling)
February 24, 2010 Opinion or Order Filing 728 MEMORANDUM DECISION denying 636 Motion in Limine; granting 646 Motion in Limine. Signed by Judge Ted Stewart on 02/23/2010. (asp)
February 23, 2010 Opinion or Order Filing 727 Proposed Voir Dire by Plaintiff SCO Group. (Hatch, Brent)
February 23, 2010 Opinion or Order Filing 726 Proposed Voir Dire by Defendant Novell, Inc.. (Brennan, Sterling)
February 23, 2010 Opinion or Order Filing 725 MEMORANDUM DECISION denying 634 Motion in Limine. Signed by Judge Ted Stewart on 02/23/2010. (asp)
February 23, 2010 Opinion or Order Filing 724 MEMORANDUM DECISION granting 631 Motion in Limine. Signed by Judge Ted Stewart on 02/23/2010. (asp)
February 23, 2010 Opinion or Order Filing 723 **SEALED DOCUMENT** Exhibit 2 re 702 Memorandum in Opposition to Motion, filed by Plaintiff SCO Group. (asp)
February 23, 2010 Opinion or Order Filing 722 **SEALED DOCUMENT** Exhibit 3 re 702 Memorandum in Opposition to Motion, filed by Plaintiff SCO Group. (asp)
February 23, 2010 Opinion or Order Filing 721 **SEALED DOCUMENT** Exhibit 4 re 701 Memorandum in Opposition to Motion, filed by Plaintiff SCO Group. (asp)
February 23, 2010 Opinion or Order Filing 720 **SEALED DOCUMENT** Exhibit 3 re 701 Memorandum in Opposition to Motion, filed by Plaintiff SCO Group. (asp)
February 23, 2010 Opinion or Order Filing 719 **SEALED DOCUMENT** Exhibit 2 re 699 Memorandum in Opposition to Motion, filed by Plaintiff SCO Group. (asp)
February 23, 2010 Opinion or Order Filing 718 **SEALED DOCUMENT** Exhibit 1 re 693 Memorandum in Opposition to Motion, filed by Plaintiff SCO Group. (asp)
February 22, 2010 Opinion or Order Filing 717 MEMORANDUM DECISION granting in part and denying in part 637 Motion in Limine; granting in part and denying in part 638 Motion in Limine; granting in part and denying in part 639 Motion in Limine; granting in part and denying in part 640 Motion in Limine; granting in part and denying in part 641 Motion in Limine; granting in part and denying in part 642 Motion in Limine; granting in part and denying in part 644 Motion in Limine; granting in part and denying in part 648 Motion in Limine. Signed by Judge Ted Stewart on 02/22/2010. (asp)
February 22, 2010 Opinion or Order Filing 716 MEMORANDUM DECISION granting 635 Motion in Limine. Signed by Judge Ted Stewart on 02/22/2010. (asp)
February 22, 2010 Opinion or Order Filing 713 MEMORANDUM DECISION taking under advisement 647 Motion in Limine. Signed by Judge Ted Stewart on 02/22/2010. (asp)
February 22, 2010 Opinion or Order Filing 712 MEMORANDUM DECISION granting in part and denying in part 649 Motion in Limine. Signed by Judge Ted Stewart on 02/22/2010. (asp)
February 22, 2010 Opinion or Order Filing 711 MEMORANDUM DECISION granting 650 Motion in Limine. Signed by Judge Ted Stewart on 02/22/2010. (asp)
February 22, 2010 Opinion or Order Filing 710 MEMORANDUM DECISION denying 632 Motion in Limine; denying 651 Motion in Limine. Signed by Judge Ted Stewart on 02/22/2010. (asp)
February 22, 2010 Opinion or Order Filing 709 MEMORANDUM DECISION granting 645 Motion in Limine. Signed by Judge Ted Stewart on 02/22/2010. (asp)
February 22, 2010 Opinion or Order Filing 708 MEMORANDUM DECISION denying 643 Motion in Limine. Signed by Judge Ted Stewart on 02/22/2010. (asp)
February 22, 2010 Opinion or Order Filing 707 NOTICE OF CONVENTIONAL FILING of Expert Report and Rebuttal Report of Dr. Gary Pisano filed by Plaintiff SCO Group re 702 Memorandum in Opposition to Motion, (Hatch, Brent)
February 22, 2010 Opinion or Order Filing 706 NOTICE OF CONVENTIONAL FILING of Expert Report, Rebuttal Report and Declaration of Dr. Christine Botosan, filed by Plaintiff SCO Group re 701 Memorandum in Opposition to Motion, (Hatch, Brent)
February 22, 2010 Opinion or Order Filing 705 NOTICE OF CONVENTIONAL FILING of Exhibit 2 filed by Plaintiff SCO Group re 699 Memorandum in Opposition to Motion, (Hatch, Brent)
February 22, 2010 Opinion or Order Filing 704 MEMORANDUM DECISION denying 633 Motion in Limine. Signed by Judge Ted Stewart on 02/22/2010. (asp)
February 22, 2010 Opinion or Order Filing 703 NOTICE OF CONVENTIONAL FILING of Exhibit 1 filed by Plaintiff SCO Group re 693 Memorandum in Opposition to Motion, (Hatch, Brent)
February 19, 2010 Opinion or Order Filing 715 **SEALED DOCUMENT** Exhibits A, C, D re 678 Memorandum in Opposition to Motion, filed by Defendant Novell, Inc.. (asp)
February 19, 2010 Opinion or Order Filing 714 **SEALED DOCUMENT** Exhibits A-C re 679 Memorandum in Opposition to Motion, filed by Defendant Novell, Inc.. (asp)
February 19, 2010 Opinion or Order Filing 702 MEMORANDUM in Opposition re 657 MOTION for Daubert Hearing to Disqualify Dr. Gary Pisano filed by Plaintiff SCO Group. (Attachments: # 1 Expert Report of Dr. Gary Pisano - FILED UNDER SEAL, # 2 Rebuttal Report of Dr. Gary Pisano - FILED UNDER SEAL, # 3 Appendix of Unpublished Cases)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 701 MEMORANDUM in Opposition re 655 MOTION for Daubert Hearing to Disqualify Dr. Christine A. Botosan filed by Plaintiff SCO Group. (Attachments: # 1 Expert Report of Christine Botosan - FILED UNDER SEAL, # 2 Rebuttal Report of Christine Botosan - FILED UNDER SEAL, # 3 Declaration of Christine Botosan - FILED UNDER SEAL, # 4 Appendix of Unpublished Cases)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 700 MEMORANDUM in Opposition re 659 MOTION for Daubert Hearing to Disqualify G. Gervaise Davis III filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A, # 2 Appendix of Unpublished Cases)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 699 MEMORANDUM in Opposition re 648 MOTION in Limine No.19 to Exclude Certain Testimony from Edward Chatlos, Burt Levine, and Kim Madsen for Lack of Personal Knowledge filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 698 MEMORANDUM in Opposition re 644 MOTION in Limine No. 18 to Exclude Certain Testimony from Douglas Michels for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 697 MEMORANDUM in Opposition re 642 MOTION in Limine No. 17 to Exclude Certain Testimony from Ty Mattingly for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 696 MEMORANDUM in Opposition re 641 MOTION in Limine No. 16 to Exclude Certain Testimony from R. Duff Thompson for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 695 MEMORANDUM in Opposition re 640 MOTION in Limine No. 15 to Exclude Certain Testimony from Robert Frankenberg for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 694 MEMORANDUM in Opposition re 639 MOTION in Limine No.14 to Exclude Certain Testimony from Jean Acheson for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 693 MEMORANDUM in Opposition re 638 MOTION in Limine No. 13 to Exclude Certain Testimony From Lawrence Bouffard for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1 - FILED UNDER SEAL)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 692 MEMORANDUM in Opposition re 637 MOTION in Limine No. 12 to Exclude Certain Testimony from William Broderick for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 691 MEMORANDUM in Opposition re 636 MOTION in Limine No. 11 to Exclude Evidence of Substantial Performance filed by Plaintiff SCO Group. (Attachments: # 1 Appendix of Unpublished Cases)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 690 MEMORANDUM in Opposition re 635 MOTION in Limine No. 10 to Preclude SCO from Presenting Argument Relating to Issues Stayed Pending Arbitration filed by Plaintiff SCO Group. (Hatch, Brent)
February 19, 2010 Opinion or Order Filing 689 MEMORANDUM in Opposition re 650 MOTION in Limine No. 9 to Preclude SCO from Contesting that Agreements that Post-Date the APA May Constitute SVRX Licenses filed by Plaintiff SCO Group. (Hatch, Brent)
February 19, 2010 Opinion or Order Filing 688 MEMORANDUM in Opposition re 634 MOTION in Limine No. 8 to Preclude SCO from Relying on Novell's Applications for Copyright Registration filed by Plaintiff SCO Group. (Hatch, Brent)
February 19, 2010 Opinion or Order Filing 687 MEMORANDUM in Opposition re 633 MOTION in Limine No. 7 to Determine that Common Law Privileges Apply to Allegedly Defamatory Publications filed by Plaintiff SCO Group. (Hatch, Brent)
February 19, 2010 Opinion or Order Filing 686 MEMORANDUM in Opposition re 651 MOTION in Limine No. 6 to Preclude Reliance on Statements in December 2003 and March 2004 that do not Constitute Factual Assertions of Copyright Ownership filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1, # 2 Appendix of Unpublished Cases)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 685 MEMORANDUM in Opposition re 632 MOTION in Limine No. 5 to Preclude SCO from Relying on Novell's June and August 2003 Statements as Factual Assertions of Copyright Ownership filed by Plaintiff SCO Group. (Attachments: # 1 Appendix of Unpublished Cases)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 684 MEMORANDUM in Opposition re 631 MOTION in Limine No. 4 to Preclude SCO from Contesting that Novell had an Objectively Reasonable, Good Faith Basis for its Statements Regarding Copyright Ownership filed by Plaintiff SCO Group. (Hatch, Brent)
February 19, 2010 Opinion or Order Filing 683 MEMORANDUM in Opposition re 630 MOTION in Limine No. 3 to Determine that SCO is a Limited Purpose Public Figure filed by Plaintiff SCO Group. (Hatch, Brent)
February 19, 2010 Opinion or Order Filing 682 MEMORANDUM in Opposition re 629 MOTION in Limine No. 2 to Determine that First Amendment Defenses Apply to Slander of Title filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1, # 2 Appendix of Unpublished Cases)(Hatch, Brent)
February 19, 2010 Opinion or Order Filing 681 NOTICE OF CONVENTIONAL FILING of Exhibits 5A, 5B, and 5C filed by Defendant Novell, Inc. re 679 Memorandum in Opposition to Motion, in Limine No. 5 (Brennan, Sterling)
February 19, 2010 Opinion or Order Filing 680 NOTICE OF CONVENTIONAL FILING of Exhibits 4A, 4C, and 4D to filed by Defendant Novell, Inc. re 678 Memorandum in Opposition to Motion, in Limine No. 4 (Brennan, Sterling)
February 19, 2010 Opinion or Order Filing 679 MEMORANDUM in Opposition re 649 MOTION in Limine No. 5 to Exclude Statements Made by Michael Anderer as an Independent Contractor for SCO filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 5A-Filed Under Seal, # 2 Exhibit 5B-Filed Under Seal, # 3 Exhibit 5C-Filed Under Seal)(Brennan, Sterling)
February 19, 2010 Opinion or Order Filing 678 MEMORANDUM in Opposition re 647 MOTION in Limine No. 4 to Exclude Reference to Litigation Commentary filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 4A-Filed Under Seal, # 2 Exhibit 4B, # 3 Exhibit 4C-Filed Under Seal, # 4 Exhibit 4D-Filed Under Seal)(Brennan, Sterling)
February 19, 2010 Opinion or Order Filing 677 MEMORANDUM in Opposition re 646 MOTION in Limine No. 3 re Novell's Monetary Judgment Against SCO filed by Defendant Novell, Inc.. (Brennan, Sterling)
February 19, 2010 Opinion or Order Filing 676 MEMORANDUM in Opposition re 645 MOTION in Limine No. 2 re Reversed Rulings filed by Defendant Novell, Inc.. (Brennan, Sterling)
February 19, 2010 Opinion or Order Filing 675 MEMORANDUM in Opposition re 643 MOTION in Limine No. 1 to Preclude Misleading Statements or Evidence Concerning Language in APA Removed by Amendment No. 2 filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B, # 3 Exhibit 1C)(Brennan, Sterling)
February 18, 2010 Opinion or Order Filing 674 MEMORANDUM DECISION denying 627 Motion in Limine. Signed by Judge Ted Stewart on 02/18/2010. (asp)
February 16, 2010 Opinion or Order Filing 673 DOCKET TEXT ORDER denying 670 Motion for Leave to File. Signed by Judge Ted Stewart on 2/16/2010. No attached document. (tco)
February 16, 2010 Opinion or Order Filing 672 Amended MEMORANDUM in Opposition re 670 MOTION for Leave to File Reply to SCO's Opposition to Novell's Motion in Limine No. 1 filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A)(Hatch, Brent)
February 16, 2010 Opinion or Order Filing 671 MEMORANDUM in Opposition re 670 MOTION for Leave to File Reply to SCO's Opposition to Novell's Motion in Limine No. 1 filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A)(Hatch, Brent)
February 15, 2010 Opinion or Order Filing 670 MOTION for Leave to File Reply to SCO's Opposition to Novell's Motion in Limine No. 1 filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A-Reply, # 2 Text of Proposed Order)(Brennan, Sterling)
February 12, 2010 Opinion or Order Filing 669 MEMORANDUM in Opposition re 627 MOTION in Limine No. 1 to Exclude Evidence and Argument Concerning Claims Not Included in SCO's Appeal or the Tenth Circuit's Limited Mandate filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hatch, Brent)
February 12, 2010 Opinion or Order Filing 668 ORDER granting 667 Motion for Admission Pro Hac Vice of Daniel P. Muino for Novell, Inc.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Ted Stewart on 02/11/2010. (asp)
February 11, 2010 Opinion or Order Filing 667 MOTION for Admission Pro Hac Vice of Daniel P. Muino, Registration fee $ 15, receipt number 10880000000001053899, filed by Defendant Novell, Inc.. (Attachments: # 1 Application for Admission, # 2 ECF Registration, # 3 Text of Proposed Order)(Brennan, Sterling)
February 11, 2010 Opinion or Order Filing 666 ERRATA to 648 MOTION in Limine No.19 to Exclude Certain Testimony from Edward Chatlos, Burt Levine, and Kim Madsen for Lack of Personal Knowledge filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 19C)(Brennan, Sterling)
February 9, 2010 Opinion or Order Filing 665 NOTICE OF HEARING ON MOTION re: 634 MOTION in Limine No. 8 to Preclude SCO from Relying on Novell's Applications for Copyright Registration, 629 MOTION in Limine No. 2 to Determine that First Amendment Defenses Apply to Slander of Title, 659 MOTION for Daubert Hearing to Disqualify G. Gervaise Davis III, 649 MOTION in Limine No. 5, 644 MOTION in Limine No. 18 to Exclude Certain Testimony from Douglas Michels for Lack of Personal Knowledge and Violation of Parol Evidence Rule, 636 MOTION in Limine No. 11 to Exclude Evidence of Substantial Performance, 635 MOTION in Limine No. 10 to Preclude SCO from Presenting Argument Relating to Issues Stayed Pending Arbitration, 650 MOTION in Limine No. 9 to Preclude SCO from Contesting that Agreements that Post-Date the APA May Constitute SVRX Licenses, 637 MOTION in Limine No. 12 to Exclude Certain Testimony from William Broderick for Lack of Personal Knowledge and Violation of Parol Evidence Rule, 655 MOTION for Daubert Hearing to Disqualify Dr. Christine A. Botosan, 642 MOTION in Limine No. 17 to Exclude Certain Testimony from Ty Mattingly for Lack of Personal Knowledge and Violation of Parol Evidence Rule, 657 MOTION for Daubert Hearing to Disqualify Dr. Gary Pisano, 630 MOTION in Limine No. 3 to Determine that SCO is a Limited Purpose Public Figure, 631 MOTION in Limine No. 4 to Preclude SCO from Contesting that Novell had an Objectively Reasonable, Good Faith Basis for its Statements Regarding Copyright Ownership, 646 MOTION in Limine No. 3, 627 MOTION in Limine No. 1 to Exclude Evidence and Argument Concerning Claims Not Included in SCO's Appeal or the Tenth Circuit's Limited Mandate, 641 MOTION in Limine No. 16 to Exclude Certain Testimony from R. Duff Thompson for Lack of Personal Knowledge and Violation of Parol Evidence Rule, 651 MOTION in Limine No. 6 to Preclude Reliance on Statements in December 2003 and March 2004 that do not Constitute Factual Assertions of Copyright Ownership, 645 MOTION in Limine No. 2, 647 MOTION in Limine No. 4, 633 MOTION in Limine No. 7 to Determine that Common Law Privileges Apply to Allegedly Defamatory Publications, 638 MOTION in Limine No. 13 to Exclude Certain Testimony From Lawrence Bouffard for Lack of Personal Knowledge and Violation of Parol Evidence Rule, 632 MOTION in Limine No. 5 to Preclude SCO from Relying on Novell's June and August 2003 Statements as Factual Assertions of Copyright Ownership, 640 MOTION in Limine No. 15 to Exclude Certain Testimony from Robert Frankenberg for Lack of Personal Knowledge and Violation of Parol Evidence Rule, 639 MOTION in Limine No.14 to Exclude Certain Testimony from Jean Acheson for Lack of Personal Knowledge and Violation of Parol Evidence Rule, 648 MOTION in Limine No.19 to Exclude Certain Testimony from Edward Chatlos, Burt Levine, and Kim Madsen for Lack of Personal Knowledge, 643 MOTION in Limine No. 1 : (Notice generated by Chambers/slm) Motion Hearing set for 2/25/2010 beginning 09:00 AM in Room 142 before Judge Ted Stewart. PLEASE NOTE THAT THE FINAL PRETRIAL CONFERENCE FOR THIS CASE IS ALSO SET THIS DAY AT 2:00 P.M. (slm)
February 8, 2010 Opinion or Order Filing 664 **SEALED DOCUMENT** Exhibits 3F, 3P, 3R and 3S re 630 MOTION in Limine No. 3 to Determine that SCO is a Limited Purpose Public Figure filed by Defendant Novell, Inc.. (asp)
February 8, 2010 Opinion or Order Filing 663 **SEALED DOCUMENT** Exhibit 13A re 638 MOTION in Limine No. 13 to Exclude Certain Testimony From Lawrence Bouffard for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Defendant Novell, Inc.. (asp)
February 8, 2010 Opinion or Order Filing 662 **SEALED DOCUMENT** Exhibits 19A and 19B re 648 MOTION in Limine No.19 to Exclude Certain Testimony from Edward Chatlos, Burt Levine, and Kim Madsen for Lack of Personal Knowledge filed by Defendant Novell, Inc.. (asp)
February 8, 2010 Opinion or Order Filing 661 OBJECTIONS to 625 Exhibit List(Proposed) Second Amended Supplemental Rule 26(a)(3) Pretrial Disclosures filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 660 MEMORANDUM in Support re 659 MOTION for Daubert Hearing to Disqualify G. Gervaise Davis III filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 659 MOTION for Daubert Hearing to Disqualify G. Gervaise Davis III filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 658 MEMORANDUM in Support re 657 MOTION for Daubert Hearing to Disqualify Dr. Gary Pisano filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 657 MOTION for Daubert Hearing to Disqualify Dr. Gary Pisano filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 656 MEMORANDUM in Support re 655 MOTION for Daubert Hearing to Disqualify Dr. Christine A. Botosan filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-Part1, # 4 Exhibit C-Part 2, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 655 MOTION for Daubert Hearing to Disqualify Dr. Christine A. Botosan filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 654 NOTICE OF CONVENTIONAL FILING of Exhibits 19A and 19B filed by Defendant Novell, Inc. re 648 MOTION in Limine No.19 to Exclude Certain Testimony from Edward Chatlos, Burt Levine, and Kim Madsen for Lack of Personal Knowledge (Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 653 NOTICE OF CONVENTIONAL FILING of Exhibit 13A filed by Defendant Novell, Inc. re 638 MOTION in Limine No. 13 to Exclude Certain Testimony From Lawrence Bouffard for Lack of Personal Knowledge and Violation of Parol Evidence Rule (Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 652 NOTICE OF CONVENTIONAL FILING of Exhibits 3F, 3P, 3R, and 3S to filed by Defendant Novell, Inc. re 630 MOTION in Limine No. 3 to Determine that SCO is a Limited Purpose Public Figure (Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 651 MOTION in Limine No. 6 to Preclude Reliance on Statements in December 2003 and March 2004 that do not Constitute Factual Assertions of Copyright Ownership filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 6A, # 2 Exhibit 6B, # 3 Exhibit 6C)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 650 MOTION in Limine No. 9 to Preclude SCO from Contesting that Agreements that Post-Date the APA May Constitute SVRX Licenses filed by Defendant Novell, Inc.. (Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 649 MOTION in Limine No. 5 TO EXCLUDE STATEMENTS MADE BY MICHAEL ANDERER AS AN INDEPENDENT CONTRACTOR FOR SCO filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Normand, Edward) Modified docket text on 2/10/2010 (asp).
February 8, 2010 Opinion or Order Filing 648 MOTION in Limine No.19 to Exclude Certain Testimony from Edward Chatlos, Burt Levine, and Kim Madsen for Lack of Personal Knowledge filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 19A-Under Seal, # 2 Exhibit 19B-Under Seal, # 3 Exhibit 19C, # 4 Exhibit 19D)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 647 MOTION in Limine No. 4 TO EXCLUDE REFERENCE TO LITIGATION COMMENTARY filed by Plaintiff SCO Group. (Normand, Edward) Modified docket text on 2/10/2010 (asp).
February 8, 2010 Opinion or Order Filing 646 MOTION in Limine No. 3 TO EXCLUDE REFERENCE TO NOVELLS MONETARY JUDGMENT AGAINST SCO filed by Plaintiff SCO Group. (Normand, Edward) Modified docket text on 2/10/2010 (asp).
February 8, 2010 Opinion or Order Filing 645 MOTION in Limine No. 2 TO PRECLUDE REFERENCES AND EVIDENCE CONCERNING REVERSED RULINGS filed by Plaintiff SCO Group. (Normand, Edward) Modified docket text on 2/10/2010 (asp).
February 8, 2010 Opinion or Order Filing 644 MOTION in Limine No. 18 to Exclude Certain Testimony from Douglas Michels for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 18A)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 643 MOTION in Limine No. 1 TO PRECLUDE MISLEADING STATEMENTS OR EVIDENCE CONCERNING LANGUAGE IN THE APA REMOVED BY AMENDMENT NO. 2 filed by Plaintiff SCO Group. (Normand, Edward) Modified docket text on 2/10/2010 (asp).
February 8, 2010 Opinion or Order Filing 642 MOTION in Limine No. 17 to Exclude Certain Testimony from Ty Mattingly for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 17A)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 641 MOTION in Limine No. 16 to Exclude Certain Testimony from R. Duff Thompson for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 16A, # 2 Exhibit 16B, # 3 Exhibit 16C)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 640 MOTION in Limine No. 15 to Exclude Certain Testimony from Robert Frankenberg for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 15A)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 639 MOTION in Limine No.14 to Exclude Certain Testimony from Jean Acheson for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 14A)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 638 MOTION in Limine No. 13 to Exclude Certain Testimony From Lawrence Bouffard for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 13A-Under Seal)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 637 MOTION in Limine No. 12 to Exclude Certain Testimony from William Broderick for Lack of Personal Knowledge and Violation of Parol Evidence Rule filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 12A)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 636 MOTION in Limine No. 11 to Exclude Evidence of Substantial Performance filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 11A)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 635 MOTION in Limine No. 10 to Preclude SCO from Presenting Argument Relating to Issues Stayed Pending Arbitration filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 10A, # 2 Exhibit 10B)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 634 MOTION in Limine No. 8 to Preclude SCO from Relying on Novell's Applications for Copyright Registration filed by Defendant Novell, Inc.. (Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 633 MOTION in Limine No. 7 to Determine that Common Law Privileges Apply to Allegedly Defamatory Publications filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 7A, # 2 Exhibit 7B, # 3 Exhibit 7C, # 4 Exhibit 7D, # 5 Exhibit 7E, # 6 Exhibit 7F)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 632 MOTION in Limine No. 5 to Preclude SCO from Relying on Novell's June and August 2003 Statements as Factual Assertions of Copyright Ownership filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 5A, # 2 Exhibit 5B, # 3 Exhibit 5C, # 4 Exhibit 5D)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 631 MOTION in Limine No. 4 to Preclude SCO from Contesting that Novell had an Objectively Reasonable, Good Faith Basis for its Statements Regarding Copyright Ownership filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 4A)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 630 MOTION in Limine No. 3 to Determine that SCO is a Limited Purpose Public Figure filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 3A, # 2 Exhibit 3B, # 3 Exhibit 3C, # 4 Exhibit 3D, # 5 Exhibit 3E, # 6 Exhibit 3F-Under Seal, # 7 Exhibit 3G, # 8 Exhibit 3H, # 9 Exhibit 3I, # 10 Exhibit 3J, # 11 Exhibit 3K, # 12 Exhibit 3L, # 13 Exhibit 3M, # 14 Exhibit 3N, # 15 Exhibit 3O, # 16 Exhibit 3P-Under Seal, # 17 Exhibit 3Q, # 18 Exhibit 3R, # 19 Exhibit 3S)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 629 MOTION in Limine No. 2 to Determine that First Amendment Defenses Apply to Slander of Title filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 2A, # 2 Exhibit 2B, # 3 Exhibit 2C)(Brennan, Sterling)
February 8, 2010 Opinion or Order Filing 628 DOCKET TEXT ORDER Plaintiff is directed to respond to 627 MOTION in Limine No. 1 to Exclude Evidence and Argument Concerning Claims Not Included in SCO's Appeal or the Tenth Circuit's Limited Mandate filed by Novell, Inc., by February 12, 2010 at 5:00 p.m. No attached document. Signed by Judge Ted Stewart on 2/8/2010. (tco)
February 6, 2010 Opinion or Order Filing 627 MOTION in Limine No. 1 to Exclude Evidence and Argument Concerning Claims Not Included in SCO's Appeal or the Tenth Circuit's Limited Mandate filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1-Final Judgment, # 2 Exhibit 2-Tenth Circuit Opinion, # 3 Exhibit 3-SCO Appeal Brief, # 4 Exhibit 4-SCO Reply Brief, # 5 Exhibit 5-Ruling, # 6 Exhibit 6-Order)(Brennan, Sterling)
February 4, 2010 Opinion or Order Filing 626 TRIAL ORDER with instructions to counsel: 15 day Jury Trial set for 3/8/2010 08:30 AM in Room 142 before Judge Ted Stewart. Final Pretrial Conference set for 2/25/2010 02:00 PM in Room 142 before Judge Ted Stewart. Signed by Judge Ted Stewart on 02/04/2010. (asp)
February 3, 2010 Opinion or Order Filing 625 Proposed Exhibit List and Witness List (Second Amended Supplemental Rule 26(a)(3) Disclosures) by Plaintiff SCO Group.. (Normand, Edward)
February 2, 2010 Opinion or Order Filing 624 Proposed Exhibit List and Witness List (Amended Supplemental Rule 26(a)(3) Disclosures) by Plaintiff SCO Group.. (Normand, Edward)
February 1, 2010 Opinion or Order Filing 623 Proposed Exhibit List and Witness List (Supplemental Rule 26(a)(3) Disclosures) by Plaintiff SCO Group.. (Normand, Edward)
February 1, 2010 Opinion or Order Filing 622 Proposed Exhibit List and Witness List (Rule 26(a)(3) Disclosures) by Defendant Novell, Inc... (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2, # 3 Exhibit B, # 4 Exhibit C-1, # 5 Exhibit C-2)(Brennan, Sterling)
January 28, 2010 Opinion or Order Filing 621 MEMORANDUM DECISION granting in part and denying in part 277 Motion for Summary Judgment ; The hearing set for February 4, 2010, isSTRICKEN. Signed by Judge Ted Stewart on 01/28/2010. (asp)
January 28, 2010 Opinion or Order Filing 620 MEMORANDUM DECISION denying 608 Motion to Set Aside Judgment. Signed by Judge Ted Stewart on 01/28/2010. (asp)
January 22, 2010 Opinion or Order Filing 619 REPLY to Response to Motion re 608 MOTION to Set Aside Judgment filed by Defendant Novell, Inc.. (Brennan, Sterling)
January 15, 2010 Opinion or Order Filing 618 NOTICE OF WITHDRAWAL OF COUNSEL of David E. Melaugh on behalf of Novell, Inc. (Melaugh, David)
January 6, 2010 Opinion or Order Filing 617 NOTICE of Appearance by Cara J. Baldwin on behalf of Novell, Inc. (Baldwin, Cara)
January 6, 2010 Opinion or Order Filing 616 NOTICE of Appearance by Kirk R. Harris on behalf of Novell, Inc. (Harris, Kirk)
January 6, 2010 Opinion or Order Filing 615 NOTICE of Appearance by Sterling Arthur Brennan on behalf of Novell, Inc. (Brennan, Sterling)
January 6, 2010 Opinion or Order Filing 614 NOTICE of Appearance by David R. Wright on behalf of Novell, Inc. (Wright, David)
January 6, 2010 Opinion or Order Filing 613 AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 2/25/2010 02:00 PM in Room 142 before Judge Ted Stewart. 15 day Jury Trial set for 3/8/2010 08:30 AM in Room 142 before Judge Ted Stewart. Signed by Judge Ted Stewart on 01/06/2010. (asp)
January 5, 2010 Opinion or Order Filing 612 MEMORANDUM in Opposition re 608 MOTION to Set Aside Judgment filed by Plaintiff SCO Group. (Attachments: # 1 Appendix of Unpublished Cases)(Normand, Edward)
January 4, 2010 Opinion or Order Filing 611 NOTICE OF HEARING ON MOTION re: 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages and 608 MOTION to Set Aside Judgment: (Notice generated by Chambers) Motion Hearing set for 2/4/2010 03:00 PM in Room 142 before Judge Ted Stewart. By 1/7/2010 at 5:00 p.m., the parties shall submit to chambers (Room 148) a courtesy copy of all filings related to 277 Motion for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages. (tco)
December 22, 2009 Opinion or Order Filing 610 DECLARATION of Grant L. Kim re 608 MOTION to Set Aside Judgment filed by Novell, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Sneddon, Heather)
December 22, 2009 Opinion or Order Filing 609 MEMORANDUM in Support re 608 MOTION to Set Aside Judgment filed by Defendant Novell, Inc.. (Sneddon, Heather)
December 22, 2009 Opinion or Order Filing 608 MOTION to Set Aside Judgment filed by Defendant Novell, Inc.. (Sneddon, Heather)
December 11, 2009 Opinion or Order Filing 607 ORDER granting 606 Motion to Withdraw as Attorney. Attorney John J. Brogan withdrawn from case for Plaintiff. Signed by Judge Ted Stewart on 12/10/09 (alt)
December 10, 2009 Opinion or Order Filing 606 Ex Parte (Not Sealed) MOTION to Withdraw as Attorney filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order)(Hatch, Brent)
December 1, 2009 Opinion or Order Filing 605 Minute Entry for proceedings held before Judge Ted Stewart: Scheduling Conference held on 12/1/2009. The Court sets a Final Pretrial Conference for 2/25/2010 02:00 PM and a 3-week Jury Trial for 3/8/2010 08:30 AM in Room 142 before Judge Ted Stewart. Counsel will meet to determine other dates and deadlines, and Mr. Hatch will submit an order for the Court's signature reflecting those dates. Attorney for Plaintiff: Brent Hatch, Edward Normand, Mauricio Gonzalez, Attorney for Defendant Michael Jacobs, Thomas Karrenberg. Appearing by phone: Judge Edward Cahn, Trusee; and Bonnie Fatelle Court Reporter: Kerry Sorensen. (slm)
November 30, 2009 Opinion or Order Filing 604 RESPONSE re 600 Notice (Other), filed by Defendant Novell, Inc.. (Sneddon, Heather)
November 24, 2009 Opinion or Order Filing 603 AFFIDAVIT of Brent O. Hatch in Support re 602 Response (NOT to motion) filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hatch, Brent)
November 24, 2009 Opinion or Order Filing 602 RESPONSE re 600 Notice (Other), filed by Plaintiff SCO Group. (Hatch, Brent)
November 17, 2009 Opinion or Order Filing 601 Mail Returned as Undeliverable. Mail sent to Jonathan Lee Riches, inmate no longer at facility, unable to forward. Document #597 attached but not scanned here - already on docket. (djs)
November 10, 2009 Opinion or Order Filing 600 NOTICE of Related Proceeding by Novell, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Sneddon, Heather)
November 3, 2009 Opinion or Order Filing 599 AMENDED NOTICE OF HEARING: (Notice generated by Chambers/slm) Status Conference RESET for 12/1/2009 01:30 PM in Room 142 before Judge Ted Stewart. (slm)
November 2, 2009 Opinion or Order Filing 598 NOTICE OF HEARING: (Notice generated by Chambers/slm) Status Conference set for 11/23/2009 10:00 AM in Room 142 before Judge Ted Stewart. (slm)
October 29, 2009 Opinion or Order Filing 597 MANDATE of USCA as to 567 Notice of Appeal(08-4217), filed by SCO Group According to the USCA the judgment of the USDC for the Dist of UT is AFFIRMED IN PART AND REVERSED IN PART. Judgment included with mandate: Yes. Case Reopened. Case is REMANDED for trial. (Attachments: # 1 Judgment, # 2 Mandate Cover Letter)(jmr)
August 24, 2009 Opinion or Order Filing 596 ORDER OF RECUSAL Judge Dale A. Kimball recused. Case reassigned to Judge Ted Stewart for all further proceedings. Signed by Judge Dale A. Kimball on 8/24/09. (jwt)
April 22, 2009 Opinion or Order Filing 595 Costs Taxed in amount of $ 99,639.09 for Defendant against Plaintiff signed by Louise York, Chief Deputy Clerk 4/22/09 (jwt)
April 3, 2009 Opinion or Order Filing 594 RESPONSE re 593 Objections, to Novell's Bill of Costs filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sneddon, Heather)
March 27, 2009 Opinion or Order Filing 593 OBJECTIONS to 573 Bill of Costs filed by Counter Defendant SCO Group. (Attachments: # 1 Exhibit 1-6, # 2 Exhibit A-D (Unpublished Opinions))(Normand, Edward)
March 27, 2009 Opinion or Order Filing 592 Mail Returned as Undeliverable. Mail sent to Jonathan Lee Riches, unable to forward. (djs)
March 13, 2009 Opinion or Order Filing 591 ORDER denying 575 Motion to Stay Taxation of Costs. Signed by Judge Dale A. Kimball on 3/13/09. (jwt)
February 3, 2009 Opinion or Order Filing 590 Please be advised the Record is complete for purposes of appeal for USCA case number 08-4217 re 567 Notice of Appeal.(jwt)
February 3, 2009 Opinion or Order Filing 589 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 4/29/08 - Trial before Judge Dale A, Kimball, re 567 Notice of Appeal. Court Reporter/Transcriber Rebecca Janke, CSR, RMR/Kelly Brown Hicken, CSR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 2/24/2009. Redacted Transcript Deadline set for 3/6/2009. Release of Transcript Restriction set for 5/4/2009. (jwt) Modified on 5/4/2009 - removed restricted text (rak).
February 3, 2009 Opinion or Order Filing 588 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 6/4/07 - Motion Hearing Volume II before Judge Dale A. Kimball, re 567 Notice of Appeal. Court Reporter/Transcriber Rebecca Janke, CSR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 2/24/2009. Redacted Transcript Deadline set for 3/6/2009. Release of Transcript Restriction set for 5/4/2009. (jwt) Modified on 5/4/2009 - removed restricted text (rak).
February 3, 2009 Opinion or Order Filing 587 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 1/23/07 - Motion Hearing before Judge Dale A. Kimball, re 567 Notice of Appeal. Court Reporter/Transcriber Rebecca Janke, CSR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 2/24/2009. Redacted Transcript Deadline set for 3/6/2009. Release of Transcript Restriction set for 5/4/2009. (jwt) Modified on 5/4/2009 - removed restricted text (rak).
February 3, 2009 Opinion or Order Filing 586 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 7/17/06 - Motion Hearing before Judge Dale A. Kimball, re 567 Notice of Appeal. Court Reporter/Transcriber Rebecca Janke, CSR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 2/24/2009. Redacted Transcript Deadline set for 3/6/2009. Release of Transcript Restriction set for 5/4/2009. (jwt) Modified on 5/4/2009 - removed restricted text (rak).
January 28, 2009 Opinion or Order Filing 585 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 5/31/07 - Motion Hearing Volume I before Judge Dale A. Kimball, re 567 Notice of Appeal. Court Reporter/Transcriber Kelly Brown Hicken, RPR, CSR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 2/18/2009. Redacted Transcript Deadline set for 3/2/2009. Release of Transcript Restriction set for 4/28/2009. (jwt) Modified on 4/28/2009 - removed restricted text (rak).
January 28, 2009 Opinion or Order Filing 584 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 5/11/04 - Motion Hearing before Judge Dale A. Kimball, re 567 Notice of Appeal. Court Reporter/Transcriber Kelly Brown Hicken, CSR, RPR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 2/18/2009. Redacted Transcript Deadline set for 3/2/2009. Release of Transcript Restriction set for 4/28/2009. (jwt) Modified on 4/28/2009 - removed restricted text (rak).
January 27, 2009 Opinion or Order Filing 583 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 5/25/05 - argument on Motion before Judge Dale A. Kimball, re 567 Notice of Appeal. Court Reporter/Transcriber Rebecca Janke, CSR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 2/17/2009. Redacted Transcript Deadline set for 2/27/2009. Release of Transcript Restriction set for 4/27/2009. (jwt) Modified on 4/27/2009 - removed restricted text(rak).
January 27, 2009 Opinion or Order Filing 582 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 5/2/08 Trial Volume IV before Judge Dale A. Kimball, re 567 Notice of Appeal. Court Reporter/Transcriber Rebecca Janke, CSR RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 2/17/2009. Redacted Transcript Deadline set for 2/27/2009. Release of Transcript Restriction set for 4/27/2009. (jwt) Modified on 4/27/2009 - removed restricted text (rak).
January 27, 2009 Opinion or Order Filing 581 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 5/1/08 Trial Volume III before Judge Dale A. Kimball, re 567 Notice of Appeal. Court Reporter/Transcriber Rebecca Janke, Kelly Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 2/17/2009. Redacted Transcript Deadline set for 2/27/2009. Release of Transcript Restriction set for 4/27/2009. (jwt) Modified on 4/27/2009 - removed restricted text (rak).
January 27, 2009 Opinion or Order Filing 580 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 4/30/08 - Trial Volume II before Judge Dale A. Kimball, re 567 Notice of Appeal. Court Reporter/Transcriber Rebecca Janke/Kelly Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 2/17/2009. Redacted Transcript Deadline set for 2/27/2009. Release of Transcript Restriction set for 4/27/2009. (jwt) Modified on 4/27/2009 - removed restricted text (rak).
January 8, 2009 Opinion or Order Filing 579 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of July 17, 2006-Motion Hearing before Judge Dale A. Kimball, re 567 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, CSR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 1/29/2009. Redacted Transcript Deadline set for 2/9/2009. Release of Transcript Restriction set for 4/8/2009. (jmr) Modified on 4/8/2009 - removed restricted text(rak).
January 8, 2009 Opinion or Order Filing 578 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of June 4, 2007-Motion Hearing Volume II before Judge Dale A. Kimball, re 567 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, CSR, RMR, Telephone number 801-532-3441. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 1/29/2009. Redacted Transcript Deadline set for 2/9/2009. Release of Transcript Restriction set for 4/8/2009. (jmr) Modified on 4/8/2009 - removed restricted text(rak).
January 8, 2009 Opinion or Order Filing 577 NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of January 23, 2007-Motion Hearing before Judge Dale A. Kimball, re 567 Notice of Appeal,. Court Reporter/Transcriber Rebecca Janke, CSR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 1/29/2009. Redacted Transcript Deadline set for 2/9/2009. Release of Transcript Restriction set for 4/8/2009. (jmr) Modified on 4/8/2009 - removed restricted text(rak).
December 31, 2008 Opinion or Order Filing 576 MEMORANDUM in Opposition re 575 MOTION to Stay Taxation of Costs filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Sneddon, Heather)
December 24, 2008 Opinion or Order Filing 575 MOTION to Stay Taxation of Costs filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A)(Normand, Edward)
December 10, 2008 Opinion or Order Filing 574 DECLARATION of David E. Melaugh re 573 Bill of Costs filed by Novell, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sneddon, Heather)
December 10, 2008 Opinion or Order Filing 573 BILL OF COSTS filed by Novell, Inc.. (Sneddon, Heather)
December 10, 2008 Opinion or Order Filing 572 TRANSCRIPT REQUEST by SCO Group for proceedings held on 04/30/2008 before Judge Hon. Dale A. Kimball, re 567 Notice of Appeal, (Normand, Edward)
December 10, 2008 Opinion or Order Filing 571 TRANSCRIPT REQUEST by SCO Group for proceedings held on 05/25/2005; 07/17/2006; 01/23/2007; 06/04/2007; 04/29/2008; 05/01/2008; 05/02/2008 before Judge Hon. Dale A. Kimball, re 567 Notice of Appeal, (Normand, Edward)
December 10, 2008 Opinion or Order Filing 570 TRANSCRIPT REQUEST by SCO Group for proceedings held on 05/11/2004; 01/25/2007; 05/31/2007; 04/29/2008; 04/30/2008; 05/01/2008. before Judge Hon. Dale A. Kimball, re 567 Notice of Appeal, (Normand, Edward)
December 1, 2008 Opinion or Order Filing 569 USCA Case Number Case Appealed to Tenth Circuit Case Number 08-4217 for 567 Notice of Appeal, filed by SCO Group. (jmr)
November 26, 2008 Opinion or Order Filing 568 Transmission of Preliminary Record to USCA re 567 Notice of Appeal. (Attachments: # 1 Memorandum Decision and Order, # 2 Final Judgment, # 3 Notice of Appeal, # 4 Docket)(jmr)
November 25, 2008 Opinion or Order Filing 567 NOTICE OF APPEAL as to 377 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment, 565 Judgment filed by SCO Group. Appeals to the USCA for the 10th Circuit. Filing fee $ 455, receipt number 10880000000000796676. (Hatch, Brent) Modified on 11/26/2008 to fix typo(jmr).
November 20, 2008 Opinion or Order Filing 566 Report on the Final Decision of an action mailed to the Register of Copyrights Office. (Attachments: # 1 Final Judgment) (ce)
November 20, 2008 Opinion or Order Filing 565 FINAL JUDGMENT in favor of Novell, Inc., SCO Group and also against Novell, Inc., SCO Group. Case Closed. Magistrate Judge Brooke C. Wells no longer assigned to case. See Judgment for details. Signed by Judge Dale A. Kimball on 11/20/08. (ce)
November 6, 2008 Opinion or Order Filing 564 REPLY to Response to Motion re 554 MOTION for Entry of Judgment and Re 561 SCO's Motion to Voluntarily Dismiss Its Unresolved Stayed Claims With Prejudice filed by Counter Defendant SCO Group. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order [Proposed] Final Judgment)(Normand, Edward)
October 31, 2008 Opinion or Order Filing 563 RESPONSE re 561 Notice of Voluntary Dismissal, filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order Novell Proposed Final Judgment, # 2 Exhibit Judgment Redline)(Sneddon, Heather)
October 20, 2008 Opinion or Order Filing 562 REPLY to Response to Motion re 554 MOTION for Entry of Judgment and in support of 561 NOTICE of Voluntary Dismissal of Its Unresolved Stayed Claims With Prejudice filed by Counter Defendant SCO Group. (Attachments: # 1 Text of Proposed Order Proposed Final Judgment)(Normand, Edward)
October 20, 2008 Opinion or Order Filing 561 NOTICE of Voluntary Dismissal of Its Unresolved Stayed Claims With Prejudice filed by Counter Defendant SCO Group (Attachments: # 1 Text of Proposed Order) (Normand, Edward)
October 9, 2008 Opinion or Order Filing 560 TRANSCRIPT of Proceedings held on January 25, 2007-Motion Hearing(Held telephonically) before Judge Dale A. Kimball. Court Reporter/Transcriber Kelly Brown, Hicken CSR, RPR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 10/30/2008. Redacted Transcript Deadline set for 11/10/2008. Release of Transcript Restriction set for 1/7/2009. (jmr) Modified on 1/22/2009 - removed restricted text (rak).
October 6, 2008 Opinion or Order Filing 559 MANDATE of USCA as to 545 Notice of Appeal(08-4154) filed by Jonathan Lee Riches. According to the USCA the Appeal of the USDC for the Dist of UT is Dismissed pursuant to Tenth Cir. 42.1 for failure to prosecute. (Attachments: # 1 Mandate Cover Letter)(jmr)
October 3, 2008 Opinion or Order Filing 558 DECLARATION of David E. Melaugh re 557 Memorandum in Opposition to Motion (SCO's Motions for Voluntary Dismissal of Stayed Claims, Entry of Final Judgment, and Certification and Entry of Partial Final Judgment) filed by Novell, Inc.. (Attachments: # 1 Exhibit 1)(Sneddon, Heather) Modified on 10/6/2008 linking document to 552 Motion to Dismiss, 553 Motion for Judgment, 554 Motion for Entry of Judgment (jwt).
October 3, 2008 Opinion or Order Filing 557 MEMORANDUM in Opposition re 553 MOTION for Judgment under Rule 54(b), 554 MOTION for Entry of Judgment, 552 MOTION to Dismiss Stayed Claims filed by Defendant Novell, Inc.. (Sneddon, Heather)
September 15, 2008 Opinion or Order Filing 556 EXHIBITS filed by SCO Group re 555 Memorandum in Support of Motion. (Normand, Edward)
September 15, 2008 Opinion or Order Filing 555 MEMORANDUM in Support re 553 MOTION for Judgment under Rule 54(b), 554 MOTION for Entry of Judgment and 552 NOTICE of Voluntary Dismissal of Stayed Claims filed by Plaintiff SCO Group. (Normand, Edward)
September 15, 2008 Opinion or Order Filing 554 MOTION for Entry of Judgment filed by Plaintiff SCO Group. (Normand, Edward)
September 15, 2008 Opinion or Order Filing 553 MOTION for Judgment under Rule 54(b) filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order)(Normand, Edward)
September 15, 2008 Opinion or Order Filing 552 NOTICE of Voluntary Dismissal of Stayed Claims filed by Plaintiff SCO Group (Attachments: # 1 Text of Proposed Order)(Normand, Edward) Modified on 9/16/2008 changing event to Motion to Dismiss(jwt).
August 29, 2008 Opinion or Order Filing 551 RESPONSE re 542 Findings of Fact & Conclusions of Law, (Novell's Submission Regarding Entry of Final Judgment) filed by Defendant Novell, Inc.. (Sneddon, Heather)
August 29, 2008 Opinion or Order Filing 550 RESPONSE re 542 Findings of Fact & Conclusions of Law, (Novell's Unopposed Submission Regarding Prejudgment Interest) filed by Defendant Novell, Inc.. (Sneddon, Heather)
August 25, 2008 Opinion or Order Filing 549 ORDER granting 548 Motion for Extension of Time Regarding Deadlines for Proposed Final Judgment and Pre-Judgment Interest Submission. Signed by Judge Dale A. Kimball on 8/25/08. (jwt)
August 22, 2008 Opinion or Order Filing 548 Joint MOTION for Extension of Time Regarding Deadlines for Proposed Final Judgment and Pre-Judgment Interest Submission filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
August 6, 2008 Opinion or Order Filing 547 USCA Case Number Case Appealed to Tenth Case Number 08-4154 for 545 Notice of Appeal filed by Jonathan Lee Riches. (jmr)
August 4, 2008 Opinion or Order Filing 546 Transmission of Preliminary Record to USCA re 545 Notice of Appeal; packet to appellant. (Attachments: # 1 Notice of Appeal, # 2 Order, # 3 Docket)(jmr)
August 1, 2008 Opinion or Order Filing 545 NOTICE OF APPEAL as to 541 Order on Motion for Miscellaneous Relief filed by Jonathan Lee Riches. Appeals to the USCA for the Tenth Circuit. Fee Status: Not Paid. (jmr)
August 1, 2008 Opinion or Order Filing 544 ORDER granting 543 Motion for Extension of Time for Proposed Final Judgment and Pre-Judgment Interest Submission. Signed by Judge Dale A. Kimball on 7/31/08. (jwt)
July 30, 2008 Opinion or Order Filing 543 Joint MOTION for Extension of Time Regarding Deadlines for Proposed Final Judgment and Pre-Judgment Interest Submission filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
July 16, 2008 Opinion or Order Filing 542 FINDINGS OF FACT AND CONCLUSIONS OF LAW and Order. Signed by Judge Dale A. Kimball on 7/16/08. (jwt)
July 15, 2008 Opinion or Order Filing 541 ORDER denying 540 Motion to Intervene and Reconsideration or Clarification. Signed by Judge Dale A. Kimball on 7/15/08. (jwt)
July 10, 2008 Opinion or Order Filing 540 MOTION to Intervene filed by Jonathan Lee Riches. Motions referred to Brooke C. Wells.(kpf)
May 14, 2008 Opinion or Order Filing 538 TRANSCRIPT of Proceedings held on April 30, 2008-Motion for Summary Judgment before Judge Dale A. Kimball. Court Reporter/Transcriber Laura W. Robinson, CSR, RPR, CP, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 6/4/2008. Redacted Transcript Deadline set for 6/16/2008. Release of Transcript Restriction set for 8/12/2008. (jmr) Modified on 9/9/2008 removed restricted text(rak).
May 2, 2008 Opinion or Order Filing 537 Trial Exhibit List of SCO exhibits. (kmj)
May 2, 2008 Opinion or Order Filing 536 Trial Exhibit List of Novell exhibits. (kmj)
May 2, 2008 Opinion or Order Filing 535 Trial Witness List. (kmj)
May 2, 2008 Opinion or Order Filing 534 Minute Entry for proceedings held before Judge Dale A. Kimball: Bench Trial completed on 5/2/2008. Court opened at 9:05 AM with all parties present. Testimony of one witness heard and evidence was rec'd. Deposition of Andrew Nagle was published. SCO rested its case. Closing arguments were presented by Mr. Acker and Mr. Singer. The Court took the matter under advisement. All exhibits were reviewed and approved by counsel. Court adjourned at 12:00 PM. Attorney for Plaintiff: Stuart Singer, Edward Normand, Mauricio Gonzalez, Jason Cyrulnik, Brent Hatch; Attorney for Defendant: Michael Jacobs, Eric Acker, David Melaugh. Court Reporter: Becky Janke. (kmj)
May 1, 2008 Opinion or Order Filing 533 Minute Entry for proceedings held before Judge Dale A. Kimball: Bench Trial held on 5/1/2008. Court opened at 8:32 AM with all parties present. Testimony of witnesses was heard and evidence rec'd. Depositions of John Hunsaker and Jay Petersen published. Trial will continue at 9:00 AM 5j/2/08. Court recessed at 2:03 PM. Attorney for Plaintiff: Stuart Singer, Edward Normand, Mauricio Gonzalez, Jason Cyrulnik; Attorney for Defendant: Michael Jacobs, Eric Acker, David Melaugh. Court Reporter: Becky Janke/Kelly Hicken. (kmj)
April 30, 2008 Opinion or Order Filing 532 Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 4/30/2008 re 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Novell, Inc. and SCO's Motion for Judgment on the Pleadings. After hearing the arguments of counsel, the Court took the motions under advisement. Attorney for Plaintiff: Stuart Singer, Edward Normand, Mauricio Gonzalez; Attorney for Defendant: Michael Jacobs, Eric Acker, David Melaugh. Court Reporter: Laura Robinson. (kmj)
April 30, 2008 Opinion or Order Filing 531 Minute Entry for proceedings held before Judge Dale A. Kimball: Bench Trial held on 4/30/2008. Court opened at 8:28 AM with all parties present. Testimony of witnesses was heard and evidence rec'd. Deposition of Greg Jones was published. Novell rested its case. Mr. Singer moved for involuntary dismissal; the Court took the motion under advisement without hearing argument at this time. SCO began presenting its case. Court recessed at 2:08 PM. Attorney for Plaintiff: Stuart Singer, Edward Normand, Jason Cyrulnik; Attorney for Defendant: Michael Jacobs, Eric Acker, David Melaugh. Court Reporter: Kelly Hicken/Becky Janke. (kmj)
April 29, 2008 Opinion or Order Filing 530 Minute Entry for proceedings held before Judge Dale A. Kimball: Bench Trial held on 4/29/2008. Trial opened at 8:30 AM with all parties present. Both parties invoked the witness exclusion rule. Opening statements were made by Mr. Jacobs and Mr. Singer. Testimony of witnesses was heard and evidence rec'd. Depositions of Joseph LaSala and Christopher Sontag were published. Court recessed at 2:08 PM. Attorneys for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Jason Cyrulnik; Attorneys for Defendant: Michael Jacobs, Eric Acker, David Melaugh. Court Reporter: Becky Janke/Kelly Hicken. (kmj)
April 29, 2008 Opinion or Order Filing 529 Proposed Findings of Fact by SCO Group. (Attachments: # 1 Exhibit A-C (Unpublished Cases))(Normand, Edward)
April 29, 2008 Opinion or Order Filing 528 Proposed Findings of Fact by Novell, Inc.. (Sneddon, Heather)
April 28, 2008 Opinion or Order Filing 527 STIPULATION (First Amended Joint Pretrial Stipulation) by Novell, Inc.. (Attachments: # 1 Exhibit A)(Sneddon, Heather)
April 28, 2008 Opinion or Order Filing 526 STIPULATION (Pretrial) by Novell, Inc.. (Attachments: # 1 Exhibit A)(Sneddon, Heather)
April 24, 2008 Opinion or Order Filing 525 REPLY to Response to Motion for Judgment on The Pleadings On Novells Claims For Money Or Claim For Declaratory Relief filed by Counter Defendant SCO Group. (Attachments: # 1 Exhibit A-H: Unpublished Cases)(Normand, Edward)
April 24, 2008 Opinion or Order Filing 524 REDACTION to 520 Sealed Document Trial Brief on Behalf of the SCO Group, Inc. by Counter Defendant SCO Group. (Normand, Edward)
April 23, 2008 Opinion or Order Filing 523 NOTICE OF CONVENTIONAL FILING of Novell's Amended Trial Brief filed by Defendant Novell, Inc. (Sneddon, Heather)
April 23, 2008 Opinion or Order Filing 522 REDACTION to 519 Sealed Document Novell's Amended Trial Brief by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sneddon, Heather)
April 23, 2008 Opinion or Order Filing 521 NOTICE OF CONVENTIONAL FILING of TRIAL BRIEF ON BEHALF OF THE SCO GROUP, INC. filed by Counter Defendant SCO Group (Normand, Edward)
April 23, 2008 Opinion or Order Filing 520 **SEALED DOCUMENT**Trial Brief on Behalf of the SCO Group, Inc. filed by Counter Defendant SCO Group, Plaintiff SCO Group. (jwt)
April 23, 2008 Opinion or Order Filing 519 **SEALED DOCUMENT** Novell's Amended Trial Brief filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (jwt)
April 22, 2008 Opinion or Order Filing 518 Proposed Exhibit List (Novell's Fourth Amended Rule 26 Pretrial Disclosures) by Defendant Novell, Inc... (Attachments: # 1 Exhibit C (Supplemental))(Sneddon, Heather)
April 17, 2008 Opinion or Order Filing 517 ORDER granting 514 Motion for Admission Pro Hac Vice of Jason C. Cyrulnik for SCO Group. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 4/16/08. (jwt)
April 16, 2008 Opinion or Order Filing 516 Proposed Exhibit List (Supplemental) by Counter Defendant SCO Group.. (Normand, Edward)
April 15, 2008 Opinion or Order Filing 515 Proposed Exhibit List (Novell's Third Amended Rule 26 Pretrial Disclosures) by Defendant Novell, Inc... (Attachments: # 1 Exhibit C (Supplemental))(Sneddon, Heather)
April 15, 2008 Opinion or Order Filing 514 MOTION for Admission Pro Hac Vice of Jason C. Cyrulnik, Registration fee $ 15, receipt number 4681023769, filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Hatch, Brent)
April 9, 2008 Opinion or Order Filing 513 ORDER granting 512 Motion for Admission Pro Hac Vice of Mauricio A. Gonzalez for SCO Group. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 4/09/08. (jwt)
April 8, 2008 Opinion or Order Filing 512 MOTION for Admission Pro Hac Vice of Mauricio A. Gonzalez, Registration fee $ 15, receipt number 4681023661, filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Hatch, Brent)
April 8, 2008 Opinion or Order Filing 511 NOTICE OF HEARING ON MOTION (Notice generated by blk) The Motion for Judgment on the Pleadings will also be heard with the Motion for Summary Judgment in the Motion Hearing set for 4/30/2008 03:00 PM in Room 220 before Judge Dale A. Kimball. (blk)
April 7, 2008 Opinion or Order Filing 510 DECLARATION of David E. Melaugh re 509 Memorandum in Opposition to Motion for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief filed by Novell, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sneddon, Heather)
April 7, 2008 Opinion or Order Filing 509 MEMORANDUM in Opposition to SCO's Motion for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sneddon, Heather)
March 31, 2008 Opinion or Order Filing 508 Proposed Witness List and Exhibit List (Supplemental) by SCO Group. (Normand, Edward)
March 14, 2008 Opinion or Order Motions No Longer Referred: 505 Sealed Motion is before Judge Kimball (jwt)
March 12, 2008 Opinion or Order Filing 507 REDACTION to 506 Sealed Document, SCO's Memorandum in Support of its Motion for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief by Counter Defendant SCO Group. (Normand, Edward)
March 7, 2008 Opinion or Order Filing 506 **SEALED DOCUMENT** Memorandum in Support of 505 SEALED MOTION for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Document has not been scanned but will be retained in the sealed room of the clerk's office.) (jwt)
March 7, 2008 Opinion or Order Filing 505 **SEALED DOCUMENT** SEALED MOTION for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Document has not been scanned but will be retained in the sealed room of the clerk's office.) (jwt) Modified on 3/7/2008 (jwt). Modified on 3/14/2008 motion referral to Judge Wells removed(jwt).
March 7, 2008 Opinion or Order Filing 504 NOTICE OF CONVENTIONAL FILING of SCO's Motion for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief, and Memorandum in Support Thereof filed by Counter Defendant SCO Group, Plaintiff SCO Group (Corrected Filing) (Hatch, Brent)
March 7, 2008 Opinion or Order Filing 503 NOTICE OF CONVENTIONAL FILING of MEMORANDUM IN SUPPORT OF SCOS MOTION FOR JUDGMENT ON THE PLEADINGS ON NOVELLS CLAIMS FOR MONEY OR CLAIM FOR DECLARATORY RELIEF; OR FOR AMENDMENT OF THE SCOPE OF THE TRIAL filed by Counter Defendant SCO Group, Plaintiff SCO Group (Hatch, Brent)
March 7, 2008 Opinion or Order Filing 502 NOTICE OF CONVENTIONAL FILING of MOTION FOR JUDGMENT ON THE PLEADINGS ON NOVELLS CLAIMS FOR MONEY OR CLAIM FOR DECLARATORY RELIEF; OR FOR AMENDMENT OF THE SCOPE OF THE TRIAL filed by Counter Defendant SCO Group, Plaintiff SCO Group (Hatch, Brent)
February 20, 2008 Opinion or Order Filing 501 REDACTION to 490 Sealed Entry, SCO's Memorandum in Opposition to Novell's Motion for Summary Judgment on its Fourth Claim for Relief by Plaintiff SCO Group. (Normand, Edward)
February 20, 2008 Opinion or Order Filing 498 ORDER granting 494 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 2/20/08. (jwt)
February 19, 2008 Opinion or Order Filing 500 **SEALED DOCUMENT** Reply Declaration in Support of 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (jwt)
February 19, 2008 Opinion or Order Filing 497 NOTICE OF CONVENTIONAL FILING of Reply Memorandum in Support of Novell's Motion for Summary Judgment on its Fourth Claim for Relief and Reply Declaration of David E. Melaugh [FILED UNDER SEAL] filed by Defendant Novell, Inc. (Sneddon, Heather)
February 19, 2008 Opinion or Order Filing 496 DECLARATION of David E. Melaugh re 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Novell, Inc.. (Attachments: # 1 Exhibit 3, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 10, # 9 Exhibit 11, # 10 Exhibit 12)(Sneddon, Heather)
February 19, 2008 Opinion or Order Filing 495 REPLY to Response to Motion re 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief [REDACTED] filed by Defendant Novell, Inc.. (Sneddon, Heather)
February 19, 2008 Opinion or Order Filing 494 Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages (Overlength Reply Memorandum in Support of Novell's Motion for Summary Judgment on its Fourth Claim for Relief) filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
February 8, 2008 Opinion or Order Filing 493 ORDER granting 492 Motion for Extension of Time to File Response/Reply re 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief. Replies due by 2/19/2008. Signed by Judge Dale A. Kimball on 2/08/08. (jwt)
February 7, 2008 Opinion or Order Filing 492 Stipulated MOTION for Extension of Time to File Response/Reply as to 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
January 28, 2008 Opinion or Order Filing 491 ORDER granting 488 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 1/28/08. (jwt)
January 25, 2008 Opinion or Order Filing 490 SEALED DOCUMENT - Memorandum in Opposition to 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Counter Defendant SCO Group, Plaintiff SCO Group. (This memorandum and 7 envelopes of exhibits have not been scanned but will be placed in sealed storage in the clerk's office.) (jwt) Modified on 2/4/2008: removed sealed designation (alt) Modified on 2/4/2008 correcting title of entry to Sealed Document instead of Sealed Entry(jwt).
January 25, 2008 Opinion or Order Filing 489 Proposed Exhibit List and Witness List (Rule 26(a)(3) Pretrial Disclosures) SUPPLEMENTAL by Plaintiff SCO Group.. (Normand, Edward)
January 25, 2008 Opinion or Order Filing 488 MOTION for Leave to File Excess Pages filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Hatch, Brent)
January 25, 2008 Opinion or Order Filing 487 DECLARATION of Brent O. Hatch re 486 Notice of Conventional Filing OF SCO'S MEMORANDUM IN OPPOSITION TO NOVELLS MOTION FOR SUMMARY JUDGMENT ON ITS FOURTH CLAIM FOR RELIEF AND EXHIBITS THERETO filed by SCO Group. (Hatch, Brent)
January 25, 2008 Opinion or Order Filing 486 NOTICE OF CONVENTIONAL FILING of MEMORANDUM IN OPPOSITION TO NOVELLS MOTION FOR SUMMARY JUDGMENT ON ITS FOURTH CLAIM FOR RELIEF and EXHIBITS THERETO filed by Counter Defendant SCO Group, Plaintiff SCO Group (Hatch, Brent)
January 15, 2008 Opinion or Order Filing 485 ORDER regarding bench trial and hearing on motion for summary judgment. Signed by Judge Dale A. Kimball on 1-15-08. (sih)
January 11, 2008 Opinion or Order Filing 484 NOTICE OF HEARING: (Notice generated by Kim Jones)4-day Bench Trial set for 4/29/2008 08:30 AM in Room 220 before Judge Dale A. Kimball. Any motions for summary judgment filed will be heard at the time of trial.(kmj)
December 21, 2007 Opinion or Order Filing 483 **SEALED DOCUMENT** Declaration of David E. Melaugh in Support of 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Counter Claimant Novell, Inc., Defendant Novell, Inc. (original not scanned). (jwt)
December 21, 2007 Opinion or Order Filing 482 **SEALED DOCUMENT** Memorandum in Support of Novell's 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Counter Claimant Novell, Inc., Defendant Novell, Inc. (original not scanned). (jwt)
December 21, 2007 Opinion or Order Filing 481 NOTICE OF CONVENTIONAL FILING of Memorandum in Support of Novell's Motion for Summary Judgment on its Fourth Claim for Relief, and Declaration of David E. Melaugh filed by Defendant Novell, Inc. [FILED UNDER SEAL] (Sneddon, Heather)
December 21, 2007 Opinion or Order Filing 480 DECLARATION of David E. Melaugh re 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief [REDACTED] filed by Novell, Inc.. (Attachments: # 1 Exhibit 2# 2 Exhibit 5# 3 Exhibit 6# 4 Exhibit 7# 5 Exhibit 8# 6 Exhibit 9, Pt. 1# 7 Exhibit 9, Pt. 2# 8 Exhibit 9, Pt. 3# 9 Exhibit 10# 10 Exhibit 12)(Sneddon, Heather)
December 21, 2007 Opinion or Order Filing 479 MEMORANDUM in Support re 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief [REDACTED] filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1)(Sneddon, Heather)
December 21, 2007 Opinion or Order Filing 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Defendant Novell, Inc.. (Sneddon, Heather)
December 13, 2007 Opinion or Order Filing 477 Joint RESPONSE re 473 Order, filed by Defendant Novell, Inc.. (Sneddon, Heather)
December 12, 2007 Opinion or Order Filing 476 ORDER granting 474 Motion to Withdraw as Attorney. Attorney John P. Mullen withdrawn from case for Novell, Inc.. Signed by Judge Dale A. Kimball on 12/12/07. (jwt)
December 11, 2007 Opinion or Order Filing 475 MEMORANDUM in Support re 474 MOTION to Withdraw as Attorney filed by Defendant Novell, Inc.. (Mullen, John)
December 11, 2007 Opinion or Order Filing 474 MOTION to Withdraw as Attorney filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Mullen, John)
December 6, 2007 Opinion or Order Filing 473 ORDER requesting joint statement by parties by December 13, 2007. Signed by Judge Dale A. Kimball on 12-06-07. (sih)
November 27, 2007 Opinion or Order Filing 472 NOTICE of Delaware Bankruptcy Court's Memorandum Opinion and Order Granting Novell's Motion for Relief from the Automatic Stay to Proceed with the Lawsuit by Novell, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Sneddon, Heather)
September 14, 2007 Opinion or Order Deadlines/Hearings terminated: Bench trial set for 9/17/2007 is vacated due to the notice of bankruptcy filing. (kmj)
September 14, 2007 Opinion or Order Filing 471 NOTICE of Filing for Bankruptcy by SCO Group (Attachments: # 1 Exhibit Exhibit A to Notice of Filing For Bankruptcy)(James, Mark)
September 14, 2007 Opinion or Order Filing 470 **SEALED DOCUMENT**Novell's Trial Brief filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (blk)
September 14, 2007 Opinion or Order Filing 469 ORDER denying 419 Motion for Reconsideration or Clarification. Signed by Judge Dale A. Kimball on 9-14-07. (sih)
September 14, 2007 Opinion or Order Filing 468 NOTICE OF CONVENTIONAL FILING of Novell's Trial Brief [Filed Under Seal] filed by Defendant Novell, Inc. (Sneddon, Heather)
September 14, 2007 Opinion or Order Filing 467 TRIAL BRIEF [REDACTED] by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Sneddon, Heather)
September 13, 2007 Opinion or Order Filing 466 Modification of Docket: re 440 Reply Memorandum/Reply to Response to Motion re 390 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-B (Unpublished Cases). CORRECTION: SEE COUNSEL'S CORRECTED ENTRY FOR THIS DOCUMENT DATED 9/4/07, ENTRY 441 and 442 . Entry 440 was modified on 9/13/2007 by removing link to Motion 390 as this Reply relates to the Sealed Motion re: Musika, document 405 dated 8/24/07. (ce)
September 13, 2007 Opinion or Order Filing 465 **SEALED DOCUMENT** REPLY MEMORANDUM IN FURTHER SUPPORT re 419 Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re 377 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment filed by Plaintiff SCO Group. (blk)
September 13, 2007 Opinion or Order Filing 464 ORDER granting 462 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 9/13/07. (blk)
September 12, 2007 Opinion or Order Filing 463 REDACTION to 461 Notice of Conventional Filing re SCOS REPLY MEMORANDUM IN FURTHER SUPPORT OF ITS MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1# 2 Exhibit 2: Filed Under Seal# 3 Exhibit 3# 4 Exhibit 4)(Normand, Edward)
September 12, 2007 Opinion or Order Filing 462 Plaintiff's MOTION for Leave to File Excess Pages re SCOS REPLY MEMORANDUM IN FURTHER SUPPORT OF ITS MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward)
September 12, 2007 Opinion or Order Filing 461 NOTICE OF CONVENTIONAL FILING of SCOS REPLY MEMORANDUM IN FURTHER SUPPORT OF ITS MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER filed by Plaintiff SCO Group re 458 Sealed Document, (Normand, Edward)
September 12, 2007 Opinion or Order Filing 460 NOTICE of Courtroom Change for Trial by Novell, Inc. (Sneddon, Heather)
September 11, 2007 Opinion or Order Filing 457 ORDER denying 390 Motion to Strike Exhibits; denying 405 Motion to Exclude Testimony. Signed by Judge Dale A. Kimball on 9-11-07. (sih)
September 10, 2007 Opinion or Order Filing 459 **SEALED DOCUMENT** DECLARATION OF DAVID E MELAUGH re 458 Sealed Memorandum in Opposition, filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (blk)
September 10, 2007 Opinion or Order Filing 458 **SEALED DOCUMENT** MEMORANDUM IN OPPOSITION re 419 Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re 377 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment, filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (blk) Modified on 9/11/2007 by correcting filed date to 9/10/07(blk).
September 10, 2007 Opinion or Order Filing 456 NOTICE OF CONVENTIONAL FILING of Novell's Opposition to SCO's Motion for Reconsideration and David Melaugh's Declaration filed by Defendant Novell, Inc. (Sneddon, Heather)
September 10, 2007 Opinion or Order Filing 455 DECLARATION of David E. Melaugh re 454 Memorandum in Opposition to Motion,, [REDACTED] filed by Novell, Inc.. (Attachments: # 1 Exhibit 5)(Sneddon, Heather)
September 10, 2007 Opinion or Order Filing 454 MEMORANDUM in Opposition re 419 Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re 377 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment [REDACTED] filed by Defendant Novell, Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Sneddon, Heather) Modified on 9/13/2007 by removing duplicative text created when this entry was made (ce).
September 10, 2007 Opinion or Order Deadlines/Hearings terminated : Motion hearing set for 9/11/2007 is vacated. (kmj)
September 7, 2007 Opinion or Order Filing 453 ORDER granting 385 Motion to Strike ; granting 387 Motion to Dismiss ; finding as moot 389 Motion in Limine; granting 391 Motion in Limine; granting 393 Motion in Limine; denying 395 Motion in Limine; finding as moot in part and denying in part 406 & 408 Sealed Amended Motion in Limine; denying 410 Motion for Entry of Judgment. Signed by Judge Dale A. Kimball on 9-7-07. (sih)
September 5, 2007 Opinion or Order Filing 452 OBJECTIONS to 382 Witness List(Proposed) (Novell's Second Amended Rule 26 Pretrial Disclosures) filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A)(Normand, Edward)
September 5, 2007 Opinion or Order Filing 451 OBJECTIONS to Novell's Proposed Supplemental Jury Instructions filed by Plaintiff SCO Group. (Normand, Edward)
September 5, 2007 Opinion or Order Filing 450 OBJECTIONS to SCO's Supplemental Jury Instructions filed by Defendant Novell, Inc.. (Sneddon, Heather)
September 5, 2007 Opinion or Order Filing 448 MEMORANDUM in Opposition re 410 Plaintiff's MOTION for Entry of Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b) filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Sneddon, Heather)
September 5, 2007 Opinion or Order Filing 447 ORDER granting 444 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 9/5/07. (kla)
September 4, 2007 Opinion or Order Filing 449 **SEALED DOCUMENT** REPLY MEMORANDUM in Further Support of 406 SCO's Sealed Motion in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements filed by Plaintiff SCO Group. (blk)
September 4, 2007 Opinion or Order Filing 446 REPLY to Response to Motion re 390 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed filed by Plaintiff SCO Group. (Normand, Edward)
September 4, 2007 Opinion or Order Filing 445 REPLY to Response to Motion re 389 Plaintiff's MOTION in Limine to Exclude All Evidence Related to Other Litigation and Commentary Thereon filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A (Unpublished Case))(Normand, Edward)
September 4, 2007 Opinion or Order Filing 444 Plaintiff's MOTION for Leave to File Excess Pages re: SCO's Reply Memorandum In Further Support of SCO's Motion in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward)
September 4, 2007 Opinion or Order Filing 443 NOTICE OF CONVENTIONAL FILING of SCO's Reply Memorandum In Further Support of SCO's Motion In Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements filed by Plaintiff SCO Group (Normand, Edward)
September 4, 2007 Opinion or Order Filing 442 REPLY to Response to Motion Re: SCO's Motion to Exclude Testimony of Terry L. Musika filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-B (Unpublished Cases))(Normand, Edward)
September 4, 2007 Opinion or Order Filing 441 NOTICE of CORRECTED FILING by SCO Group re 440 Reply Memorandum/Reply to Response to Motion (Normand, Edward)
September 4, 2007 Opinion or Order Filing 440 SEE CORRECTED ENTRY FOR THIS DOCUMENT DATED 9/4/07, ENTRY 441 . REPLY to Response to Motion re 390 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-B (Unpublished Cases))(Normand, Edward) Modified on 9/13/2007 by removing link to Motion 390 . This Reply relates to the Sealed Motion re: Musika, document 405 dated 8/24/07. See counsel's corrective entry re: this reply, entry 441 dated 9/4/07 (ce).
September 4, 2007 Opinion or Order Filing 439 REPLY to Response to Motion re 387 MOTION to Dismiss Voluntarily Its Third Claim for Relief filed by Defendant Novell, Inc.. (Sneddon, Heather)
September 4, 2007 Opinion or Order Filing 438 REPLY to Response to Motion re 385 MOTION to Strike SCO's Jury Demand filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Sneddon, Heather)
September 4, 2007 Opinion or Order Filing 437 REPLY to Response to Motion re 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Sneddon, Heather)
September 4, 2007 Opinion or Order Filing 436 REPLY to Response to Motion re 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Sneddon, Heather)
September 4, 2007 Opinion or Order Filing 435 REPLY to Response to Motion re 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue filed by Defendant Novell, Inc.. (Sneddon, Heather)
August 31, 2007 Opinion or Order Filing 434 **SEALED DOCUMENT** filed by Defendant Novell, Inc. - Declaration of David E. MeLaugh in Support of Novell's Opposition (entry 433) to SCO's Motions in Limine entry numbers 406 and 408 (note: there is no image of this document). (ce)
August 31, 2007 Opinion or Order Filing 433 **SEALED DOCUMENT** filed by Defendant Novell, Inc. in Opposition to SCO's 406 and 408 Motions in Limine Regarding Apportionment of Microsoft and Sun SCOSOURCE Licenses (note: no image attached to this entry). (ce)
August 31, 2007 Opinion or Order Filing 432 **SEALED DOCUMENT** filed by Defendant Novell, Inc. - Opposition to SCO's 405 Motion in Limine to Exclude Testimony of Terry L. Musika (note: there is no image attached to this entry). (ce)
August 31, 2007 Opinion or Order Filing 431 Proposed Jury Instructions by Novell, Inc.. (Attachments: # 1 Exhibit 1, 2)(Sneddon, Heather)
August 31, 2007 Opinion or Order Filing 430 Plaintiff's MEMORANDUM in Opposition re 385 MOTION to Strike SCO's Jury Demand filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-B: Unpublished Cases)(Normand, Edward)
August 31, 2007 Opinion or Order Filing 429 OBJECTIONS to 381 Exhibit List(Proposed) (SCO's Second Amended Rule 26 Disclosure) filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A)(Sneddon, Heather)
August 31, 2007 Opinion or Order Filing 428 NOTICE OF CONVENTIONAL FILING of Novell's Oppositions to SCO's Motions in Limine Regarding Terry L. Musika and the Apportionment of Microsoft and Sun SCOsource Licenses, and the Declaration of David E. Melaugh filed by Defendant Novell, Inc. (Sneddon, Heather)
August 31, 2007 Opinion or Order Filing 427 DECLARATION of David E. Melaugh re 426 Memorandum in Opposition to Motion, 425 Memorandum in Opposition to Motion, 423 Memorandum in Opposition to Motion, 422 Memorandum in Opposition to Motion filed by Novell, Inc.. (Attachments: # 1 Exhibit 5# 2 Exhibit 6)(Sneddon, Heather)
August 31, 2007 Opinion or Order Filing 426 MEMORANDUM in Opposition to SCO's Motion in Limine Regarding Apportionment of Microsoft and Sun SCOsource Licenses [REDACTED] filed by Defendant Novell, Inc.. (Sneddon, Heather)
August 31, 2007 Opinion or Order Filing 425 MEMORANDUM in Opposition to SCO's Motion In Limine to Exclude Testimony of Terry L. Musika [REDACTED] filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A - Valentino v. Proviso Township# 2 Exhibit B - Wrench v. Taco Bell)(Sneddon, Heather)
August 31, 2007 Opinion or Order Filing 424 Plaintiff's MEMORANDUM in Opposition re 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1# 2 Exhibit A: Unpublished Case)(Normand, Edward)
August 31, 2007 Opinion or Order Filing 423 MEMORANDUM in Opposition re 390 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit (Attachment A))(Sneddon, Heather)
August 31, 2007 Opinion or Order Filing 422 MEMORANDUM in Opposition re 389 Plaintiff's MOTION in Limine to Exclude All Evidence Related to Other Litigation and Commentary Thereon filed by Defendant Novell, Inc.. (Sneddon, Heather)
August 31, 2007 Opinion or Order Filing 421 Plaintiff's MEMORANDUM in Opposition re 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A: Unpublished Case)(Normand, Edward)
August 31, 2007 Opinion or Order Filing 420 Plaintiff's MEMORANDUM in Support re 419 Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re 377 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,,,Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re 377 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,,, filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-B: Unpublished Cases)(Normand, Edward)
August 31, 2007 Opinion or Order Filing 419 Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re 377 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,,, filed by Plaintiff SCO Group. Motions referred to Brooke C. Wells.(Normand, Edward)
August 31, 2007 Opinion or Order Filing 418 Plaintiff's MEMORANDUM in Opposition re 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-B: Unpublished Cases)(Normand, Edward)
August 31, 2007 Opinion or Order Filing 417 Plaintiff's MEMORANDUM in Opposition re 387 MOTION to Dismiss Voluntarily Its Third Claim for Relief filed by Plaintiff SCO Group. (Normand, Edward)
August 31, 2007 Opinion or Order Filing 416 ORDER granting 413 Motion to Withdraw as Counsel as to Matthew Kreeger, Johnathan Mansfield and Maame A.F. Ewusi-Mensah for Novell. Signed by Judge Dale A. Kimball on 8/30/07. (blk)
August 29, 2007 Opinion or Order Filing 415 Proposed Jury Instructions by Novell, Inc.. (Attachments: # 1 Exhibit 1, 2)(Sneddon, Heather)
August 29, 2007 Opinion or Order Filing 414 MEMORANDUM in Support re 413 MOTION to Withdraw Matthew I. Kreeger, Johnathan Mansfield and Maame A.F. Ewusi-Mensah as Counsel for Novell, Inc. filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Sneddon, Heather)
August 29, 2007 Opinion or Order Filing 413 MOTION to Withdraw Matthew I. Kreeger, Johnathan Mansfield and Maame A.F. Ewusi-Mensah as Counsel for Novell, Inc. filed by Defendant Novell, Inc.. Motions referred to Brooke C. Wells.(Sneddon, Heather)
August 29, 2007 Opinion or Order Filing 412 STATUS REPORT (Joint Statement Regarding Trial Length) by Novell, Inc.. (Sneddon, Heather)
August 29, 2007 Opinion or Order Filing 411 Plaintiff's MEMORANDUM in Support re 410 Plaintiff's MOTION for Entry of Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b) filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-C: Unpublished Cases)(Normand, Edward)
August 29, 2007 Opinion or Order Filing 410 Plaintiff's MOTION for Entry of Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b) filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order)(Normand, Edward)
August 29, 2007 Opinion or Order Filing 409 AMENDED NOTICE OF HEARING ON MOTION (Notice generated by Kim Jones) Motion Hearing re: all motions in limine reset for 9/11/2007 10:00 AM in Room 220 before Judge Dale A. Kimball at the request of Heather Snedden, Esq. (kmj)
August 27, 2007 Opinion or Order Filing 408 **SEALED DOCUMENT** SEALED AMENDED MOTION in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements filed by Plaintiff SCO Group. Amends Motion # 406 . Motions referred to Brooke C. Wells.(blk)
August 27, 2007 Opinion or Order Filing 403 REDACTION to 384 Notice of Conventional Filing SCO's Motion in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1: Filed Under Seal# 2 Exhibit 2: Filed Under Seal)(Normand, Edward)
August 27, 2007 Opinion or Order Filing 402 REDACTION to 384 Notice of Conventional Filing SCO's Motion to Exclude Testimony of Terry L. Musika by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1: Filed Under Seal# 2 Exhibit 2: Filed Under Seal)(Normand, Edward)
August 27, 2007 Opinion or Order Filing 401 NOTICE OF CONVENTIONAL FILING of SCOS AMENDED MOTION IN LIMINE REGARDING APPORTIONMENT OF 2003 MICROSOFT AND SUN AGREEMENTS filed by Plaintiff SCO Group (Amending Exhibit 2: Plaintiff inadvertently filed with the Court the incorrect version) (Normand, Edward)
August 27, 2007 Opinion or Order Filing 400 NOTICE OF HEARING ON MOTION re: 389 Plaintiff's MOTION in Limine to Exclude All Evidence Related to Other Litigation and Commentary Thereon, 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses", 390 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed, 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue, 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law : (Notice generated by Kim Jones) Motion Hearing set for 9/13/2007 10:00 AM in Room 220 before Judge Dale A. Kimball. (kmj)
August 24, 2007 Opinion or Order Filing 407 **SEALED DOCUMENT** DECLARATION of David E. Melaugh in Support of Novell's Motions in Limine Nos. 1-3, re 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue, 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law, 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (blk)
August 24, 2007 Opinion or Order Filing 406 **SEALED DOCUMENT** SEALED MOTION in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements filed by Plaintiff SCO Group. Motions referred to Brooke C. Wells.(blk)
August 24, 2007 Opinion or Order Filing 405 **SEALED DOCUMENT** SEALED MOTION to Exclude Testimony of Terry L. Musika filed by Plaintiff SCO Group. Motions referred to Brooke C. Wells.(blk)
August 24, 2007 Opinion or Order Filing 404 **SEALED DOCUMENT** OPENING BRIEF/Memorandum in Support re 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (blk)
August 24, 2007 Opinion or Order Filing 399 NOTICE OF CONVENTIONAL FILING of Declaration of David E. Melaugh in Support of Novell's Motions in Limine Nos. 1-3 (Filed Under Seal), Opening Brief in Support of Novell's Motion in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument Regarding Apportionment of SCOsource Revenue (Filed Under Seal) filed by Defendant Novell, Inc. (Sneddon, Heather)
August 24, 2007 Opinion or Order Filing 398 DECLARATION of David E. Melaugh re 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue, 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law, 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" [REDACTED] filed by Novell, Inc.. (Attachments: # 1 Exhibit 1 & 2# 2 Exhibit 3 Pt. 1# 3 Exhibit 3 Pt. 2# 4 Exhibit 4-6# 5 Exhibit Ex. 8-15)(Sneddon, Heather)
August 24, 2007 Opinion or Order Filing 397 NOTICE of Corrected Filing of MEMORANDUM IN SUPPORT by Novell, Inc. re 396 Memorandum in Support of Motion in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument Regarding Apportionment of SCOsource Revenue (Sneddon, Heather) Modified on 8/27/2007 by linking to # 395 Motion (blk).
August 24, 2007 Opinion or Order Filing 396 MEMORANDUM in Support re 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue [REDACTED] filed by Defendant Novell, Inc.. (Sneddon, Heather) Modified on 8/27/2007 by sealing document image. The image attached was not redacted and was mistakenly attached as the redacted version. Please see image # 397 for the redacted image (blk).
August 24, 2007 Opinion or Order Filing 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Sneddon, Heather)
August 24, 2007 Opinion or Order Filing 394 MEMORANDUM in Support re 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" filed by Defendant Novell, Inc.. (Sneddon, Heather)
August 24, 2007 Opinion or Order Filing 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Sneddon, Heather)
August 24, 2007 Opinion or Order Filing 392 MEMORANDUM in Support re 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law filed by Defendant Novell, Inc.. (Sneddon, Heather)
August 24, 2007 Opinion or Order Filing 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Sneddon, Heather)
August 24, 2007 Opinion or Order Filing 390 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed filed by Plaintiff SCO Group. Motions referred to Brooke C. Wells.(Normand, Edward)
August 24, 2007 Opinion or Order Filing 389 Plaintiff's MOTION in Limine to Exclude All Evidence Related to Other Litigation and Commentary Thereon filed by Plaintiff SCO Group. (Normand, Edward)
August 24, 2007 Opinion or Order Filing 388 MEMORANDUM in Support re 387 MOTION to Dismiss Voluntarily Its Third Claim for Relief filed by Defendant Novell, Inc.. (Sneddon, Heather)
August 24, 2007 Opinion or Order Filing 387 MOTION to Dismiss Voluntarily Its Third Claim for Relief filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Sneddon, Heather)
August 24, 2007 Opinion or Order Filing 386 MEMORANDUM in Support re 385 MOTION to Strike SCO's Jury Demand filed by Defendant Novell, Inc.. (Sneddon, Heather)
August 24, 2007 Opinion or Order Filing 385 MOTION to Strike SCO's Jury Demand filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
August 24, 2007 Opinion or Order Filing 384 NOTICE OF CONVENTIONAL FILING filed by Plaintiff SCO Group Re: SCO's Motion to Exclude Testimony of Terry L. Musika and SCO's Motion in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements (Normand, Edward)
August 24, 2007 Opinion or Order Filing 383 STATUS REPORT (Supplemental Joint Statement re: the Parties' August 17, 2007 Joint Statement) by Novell, Inc.. (Sneddon, Heather)
August 23, 2007 Opinion or Order Filing 382 Proposed Witness List and Exhibit List (Novell's Second Amended Rule 26 Pretrial Disclosures) by Novell, Inc.. (Attachments: # 1 Exhibit A-C)(Sneddon, Heather)
August 22, 2007 Opinion or Order Filing 381 Proposed Exhibit List and Witness List (Rule 26 Pretrial Disclosures) SECOND AMENDED by Plaintiff SCO Group.. (Normand, Edward)
August 22, 2007 Opinion or Order Filing 380 Proposed Witness List and Exhibit List (Novell's First Amended Rule 26 Pretrial Disclosures) by Novell, Inc.. (Attachments: # 1 Exhibit A-1, A-2, B and C)(Sneddon, Heather)
August 17, 2007 Opinion or Order Filing 379 STATUS REPORT (Joint Statement in Response to the Court's August 10, 2007 Memorandum Decision and Order) by Novell, Inc.. (Sneddon, Heather)
August 10, 2007 Opinion or Order Filing 378 TRIAL ORDER. Signed by Judge Dale A. Kimball on 8-10-07. (sih)
August 10, 2007 Opinion or Order Filing 377 MEMORANDUM DECISION AND ORDER granting in part and denying in part 147 Motion for Partial Summary Judgment; granting 171 Motion for Partial Summary Judgment; granting in part and denying in part 180 Motion for Summary Judgment ; denying 224 Motion for Partial Summary Judgment; denying 258 Motion for Summary Judgment ; granting 271 Motion for Partial Summary Judgment; granting in part and denying in part 273 Motion for Partial Summary Judgment; granting 275 Motion for Summary Judgment ; finding as moot 277 Motion for Summary Judgment. Signed by Judge Dale A. Kimball on 8-10-07. (sih)
August 9, 2007 Opinion or Order Filing 376 ORDER granting 374 Motion for Extension of Time to file objections to the Pre-Trial Rule 26(a)(3) Disclosures until 8/31/07. Signed by Judge Dale A. Kimball on 8/9/07. (kla)
August 9, 2007 Opinion or Order Filing 375 Stipulated MOTION for Extension of Time for Submission of Pre-Trial Order filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward)
August 8, 2007 Opinion or Order Filing 374 Stipulated MOTION for Extension of Time Re Objections to Pre-Trial Rule 26(a)(3) Disclosures filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward)
August 6, 2007 Opinion or Order Filing 373 ORDER granting 371 Motion for Admission Pro Hac Vice of Eric M. Acker for Novell, Inc.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 8/6/07. (blk)
August 6, 2007 Opinion or Order Filing 372 Proposed Exhibit List and Witness List (Rule 26 Pretrial Disclosures) AMENDED by Plaintiff SCO Group.. (Normand, Edward)
August 3, 2007 Opinion or Order Filing 371 MOTION for Admission Pro Hac Vice of Eric M. Acker, Registration fee $ 15, receipt number 548982, filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C - Text of Proposed Order)(Sneddon, Heather)
August 2, 2007 Opinion or Order Filing 370 Proposed Exhibit List and Witness List (Rule 26 Pretrial Disclosures) by Plaintiff SCO Group.. (Normand, Edward)
August 2, 2007 Opinion or Order Filing 369 Proposed Witness List and Exhibit List (Rule 26 Pretrial Disclosures) by Novell, Inc.. (Attachments: # 1 Exhibit A-1, A-2, B and C)(Sneddon, Heather)
July 11, 2007 Opinion or Order Filing 368 PRETRIAL ORDER Setting dates/deadlines. Final Pretrial Conference set for 9/11/07. Jury Trial set for 9/17/2007 08:30 AM in Room 220 before Judge Dale A. Kimball.See order for all dates/deadlines set. Signed by Judge Dale A. Kimball on 7/11/07. (blk)
July 10, 2007 Opinion or Order Filing 367 Stipulated MOTION for Scheduling Order (Pretrial Schedule) filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
July 3, 2007 Opinion or Order Filing 366 RESPONSE re 362 Sealed Document,, (SCO's Opposition to Novell's Evidentiary Objections to SCO's Exhibits Submitted in Connection with Summary Judgment Motions) filed by Defendant Novell, Inc.. (Attachments: # 1 Appendix A# 2 Appendix B)(Sneddon, Heather)
June 20, 2007 Opinion or Order Filing 365 ORDER granting 364 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 6/20/07. (kla)
June 20, 2007 Opinion or Order Filing 364 Plaintiff's MOTION for Leave to File Excess Pages re SCO's Memorandum in Opposition to Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of Its Summary Judgment Oppositions Filed May 18, 2007, incorporating by reference Novell's Evidentiary Objections to SCO's Summary Judgment Exhibits filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward)
June 18, 2007 Opinion or Order Filing 363 **SEALED DOCUMENT** EXHIBITS to SCO's Memorandum in Opposition to Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of its Summary Judgment Oppsitions Filed May 18, 2007 Incorporating by Reference Novell's Evidentiary Objections to SCO's Summary Judgment Exhibits filed by Plaintiff SCO Group re 362 Sealed Document filed by Plaintiff SCO Group. No attachment - document retained in the sealed room. (blk)
June 18, 2007 Opinion or Order Filing 362 **SEALED DOCUMENT** MEMORANDUM IN OPPOSITION to Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of its Summary Judgment Oppositions Filed May 18, 2007, Incorporating by Reference Novell's Evidentiary Objections to SCO's Summary Judgment Exhibits, re 350 Sealed Objections, filed by Plaintiff SCO Group. No attachment - document retained in sealed room. (blk)
June 18, 2007 Opinion or Order Filing 361 NOTICE OF CONVENTIONAL FILING of SCO's Memorandum in Opposition to Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of Its Summary Judgment Oppositions Filed May 18, 2007, Incorporating by Reference Novell's Evidentiary Objections to SCO's Summary Judgment Exhibits (Filed Under Seal) filed by Plaintiff SCO Group re 350 Sealed Document,, (James, Mark)
June 11, 2007 Opinion or Order Filing 360 REDACTION to 307 Sealed Document, SCO's Response in Opposition to Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages by Plaintiff SCO Group. (Boruchow, Sashi)
June 7, 2007 Opinion or Order Filing 359 REDACTION to 350 Sealed Document,, Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of Its Summary Judgment Oppositions Filed May 18, 2007 by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A - Part 1# 2 Exhibit A - Part 2# 3 Exhibit A - Part 3# 4 Exhibit A - Part 4# 5 Exhibit B)(Sneddon, Heather)
June 7, 2007 Opinion or Order Filing 358 REDACTION to 339 Sealed Document, Reply Memorandum in Support of Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Sneddon, Heather)
June 7, 2007 Opinion or Order Filing 357 CERTIFICATE OF SERVICE by SCO Group Regarding SCO's Expert Reports (Normand, Edward)
June 4, 2007 Opinion or Order Filing 356 Minute Entry for proceedings held before Judge Dale A. Kimball : Motion Hearing held on 6/4/2007 re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Novell, Inc., 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim filed by SCO Group, 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim filed by SCO Group, 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief filed by Novell, Inc. After hearing the arguments of counsel, the Court took the motions under advisement. Attorneys for Plaintiff: Stuart Singer, Edward Normand, Mark Jacobs; Attorneys for Defendants: Michael Jacobs, Kenneth Brakebill, Thomas Karrenberg. Court Reporter: Becky Janke. (kmj)
May 31, 2007 Opinion or Order Filing 355 Minute Entry for proceedings held before Judge Dale A. Kimball : Motion Hearing held on 5/31/2007 re 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Novell, Inc., 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Novell, Inc., 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Novell, Inc. After hearing the arguments of counsel, the Court took the motions under advisement. Attorneys for Plaintiff: Brent Hatch, Edward Normand, Sashi Boruchow; Attorneys for Defendant: Michael Jacobs, Thomas Karrenberg, Grant Kim, Kenneth Brakebill. Court Reporter: Kelly Hicken. (kmj)
May 31, 2007 Opinion or Order Motions No Longer Referred: 352 MOTION to Strike Supplemental Declaration of Mark F. James Attaching Expert Reports and Declarations because this relates to the summary judgment motions. (mjw)
May 30, 2007 Opinion or Order Filing 354 **SEALED DOCUMENT** Supplemental Declaration of Mark F. James filed by Counter Defendant SCO Group, Plaintiff SCO Group. (This document is not scanned and is located in the sealed area.) (kla)
May 30, 2007 Opinion or Order Filing 353 MEMORANDUM in Support re 352 MOTION to Strike Supplemental Declaration of Mark F. James Attaching Expert Reports and Declarations filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A - Leviton v. Nicor)(Sneddon, Heather)
May 30, 2007 Opinion or Order Filing 352 MOTION to Strike Supplemental Declaration of Mark F. James Attaching Expert Reports and Declarations filed by Defendant Novell, Inc.. Motions referred to Brooke C. Wells.(Sneddon, Heather)
May 30, 2007 Opinion or Order Filing 351 NOTICE OF CONVENTIONAL FILING of Supplemental Declaration of Mark F. James filed by Counter Defendant SCO Group, Plaintiff SCO Group re 308 Sealed Document (James, Mark)
May 30, 2007 Opinion or Order Filing 349 ORDER granting 348 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/30/07 (alt)
May 29, 2007 Opinion or Order Filing 350 **SEALED DOCUMENT** Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of its Summary Judgment Oppositions filed 5/18/07 re 317 Sealed Document, 314 Sealed Document, 315 Sealed Document, 319 Sealed Document, 316 Sealed Document, 312 Sealed Document, 311 Sealed Document, 309 Sealed Document, 310 Sealed Document, 313 Sealed Document, 318 Sealed Document, 320 Sealed Document filed by Defendant Novell, Inc.(This document is not scanned and is located in the sealed area.) (kla)
May 29, 2007 Opinion or Order Filing 348 MOTION for Leave to File Excess Pages re Docket Entry 346 filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward)
May 29, 2007 Opinion or Order Filing 347 DECLARATION of Edward Normand re 346 Reply Memorandum/Reply to Response to Motion, filed by SCO Group. (Attachments: # 1 Exhibit 1-2# 2 Exhibit 3# 3 Exhibit 4-12# 4 Exhibit 13-14# 5 Exhibit 15 Part 1# 6 Exhibit 15 Part 2# 7 Exhibit 15 Part 3# 8 Exhibit 15 Part 4# 9 Exhibit 15 Part 5# 10 Exhibit 16-19# 11 Exhibit 20-26# 12 Exhibit 27-34)(Normand, Edward)
May 29, 2007 Opinion or Order Filing 346 REPLY to Response to Motion re 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim filed by Plaintiff SCO Group. (Normand, Edward)
May 29, 2007 Opinion or Order Filing 345 SECOND CORRECTED NOTICE OF HEARING ON MOTION re: 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim, 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim, 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief : (Notice generated by Kim Jones) Motion Hearing set for 6/4/2007 09:00 AM in Room 220 before Judge Dale A. Kimball. (kmj)
May 29, 2007 Opinion or Order Filing 344 CORRECTED NOTICE OF HEARING ON MOTION re: 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition : (Notice generated by Kim Jones) Motion Hearing set for 5/31/2007 02:00 PM in Room 220 before Judge Dale A. Kimball. (kmj)
May 29, 2007 Opinion or Order Filing 343 ORDER granting 331 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/29/07 (alt)
May 29, 2007 Opinion or Order Filing 342 SECOND AMENDED NOTICE OF HEARING ON MOTION re: 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim, 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim, 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief : (Notice generated by Kim Jones) Motion Hearing reset for 6/4/2007 09:00 AM in Room 220 before Judge Dale A. Kimball. (kmj)
May 29, 2007 Opinion or Order Filing 341 AMENDED NOTICE OF HEARING ON MOTION re: 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition : (Notice generated by Kim Jones) Motion Hearing reset for 5/31/2007 02:00 PM in Room 220 before Judge Dale A. Kimball. (kmj)
May 25, 2007 Opinion or Order Filing 340 **SEALED DOCUMENT** SEALED 2ND SUPPLEMENTAL DECALRATION OF KENNETH W. BRAKEBILL re: 147 MOTION for Partial Summary Judgment or Preliminary Injunction, 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief, 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Defendant Novell, Inc (alt) (document is not scanned - will be kept in permanent storage) Modified on 5/29/2007: added text re: permanent storage (alt)
May 25, 2007 Opinion or Order Filing 339 **SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Defendant Novell, Inc (document is not scanned - will be kept in permanent storage) (alt)
May 25, 2007 Opinion or Order Filing 338 **SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Defendant Novell, Inc (document is not scanned - will be kept in permanent storage) (alt)
May 25, 2007 Opinion or Order Filing 337 REPLY to Response to Motion re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance [REDACTED] filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A - Response to SCO's Statement of Facts# 2 Exhibit B - Relational Design v. Brock# 3 Exhibit C - Dick Corp. v. SNC-Lavalin# 4 Exhibit D - Bank of the West v. Resolution Trust# 5 Exhibit E - Wester Online Dictionary Entry for "Require")(Sneddon, Heather)
May 25, 2007 Opinion or Order Filing 336 NOTICE OF CONVENTIONAL FILING of Reply Memoranda and Declaration filed by Defendant Novell, Inc. (Sneddon, Heather)
May 25, 2007 Opinion or Order Filing 335 DECLARATION of Kenneth W. Brakebill re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Novell, Inc.. (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# 12 Exhibit 13# 13 Exhibit 14# 14 Exhibit 15)(Sneddon, Heather)
May 25, 2007 Opinion or Order Filing 334 DECLARATION of James McKenna re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Novell, Inc.. (Sneddon, Heather)
May 25, 2007 Opinion or Order Filing 333 REPLY to Response to Motion re 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit Addendum: Response to SCO's Statement of Facts# 2 Exhibit A-D: Unpublished Decisions# 3 Exhibit E-G: Unpublished Decisions# 4 Exhibit H: Unpublished Decision)(Sneddon, Heather)
May 25, 2007 Opinion or Order Filing 332 REPLY to Response to Motion re 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A - Klein-Becker v. Home Shopping Network# 2 Exhibit B - Bloom v. Goodyear Tire)(Sneddon, Heather)
May 25, 2007 Opinion or Order Filing 331 Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages (Overlength Reply Memoranda) filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
May 25, 2007 Opinion or Order Filing 330 EXHIBITS filed by SCO Group re 308 Sealed Document. (Normand, Edward)
May 24, 2007 Opinion or Order Filing 329 REDACTION to Exhibit 89 re 308 Sealed Declaration Exhibit 89 to the Declaration of Mark F. James by Plaintiff SCO Group. (Normand, Edward) Modified on 5/25/2007 by adding descriptive text (blk).
May 24, 2007 Opinion or Order Filing 328 EXHIBIT 114 filed by SCO Group re 308 Sealed Declaration of Mark F. James. (Normand, Edward) Modified on 5/25/2007 by adding descriptive text(blk).
May 24, 2007 Opinion or Order Filing 327 EXHIBIT 113 filed by SCO Group re 308 Sealed Declaration of Mark F. James. (Normand, Edward) Modified on 5/25/2007 by adding descriptive text(blk).
May 24, 2007 Opinion or Order Filing 326 NOTICE OF HEARING ON MOTION re: 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS, 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim, 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim, 147 MOTION for Partial Summary Judgment or Preliminary Injunction, 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief : Motion Hearing set for 5/31/2007 09:00 AM in Room 220 before Judge Dale A. Kimball. (kmj)
May 24, 2007 Opinion or Order Filing 325 REDACTION to 306 Sealed Document, SCO's Memorandum in Opposition to Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance by Plaintiff SCO Group. (Attachments: # 1 Part 2# 2 Appendix A)(Normand, Edward)
May 21, 2007 Opinion or Order Filing 324 DECLARATION of G. Gervaise Davis III re 306 Sealed Document, SCO'S MEMORANDUM IN OPPOSITION re: 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, filed by SCO Group. (Attachments: # 1 Exhibit A-B)(Normand, Edward)
May 21, 2007 Opinion or Order Filing 323 ORDER granting 300 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/21/07 (alt)
May 21, 2007 Opinion or Order Filing 322 ORDER granting 305 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/21/07 (alt)
May 21, 2007 Opinion or Order Filing 321 ORDER granting 304 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/21/07 (alt)
May 19, 2007 Opinion or Order Filing 305 Plaintiff's MOTION for Leave to File Excess Pages re SCO's Memorandum in Opposition to Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward)
May 19, 2007 Opinion or Order Filing 304 Plaintiff's MOTION for Leave to File Excess Pages re SCO's Response in Opposition to Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward)
May 18, 2007 Opinion or Order Filing 320 **SEALED DOCUMENT** SEALED EXHIBITS 105-120 re: 308 Sealed Document filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 319 **SEALED DOCUMENT** SEALED EXHIBITS 87-104 re: 308 Sealed Document filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 318 **SEALED DOCUMENT** SEALED EXHIBITS 76-86 re: 308 Sealed Document filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 317 **SEALED DOCUMENT** SEALED EXHIBITS 71-75 re: 308 Sealed Document filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 316 **SEALED DOCUMENT** SEALED EXHIBITS 64-70 re: 308 Sealed Document filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 315 **SEALED DOCUMENT** SEALED EXHIBITS 60-63 re: 308 Sealed Document filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 314 **SEALED DOCUMENT** SEALED EXHIBITS 51-59 re: 308 Sealed Document filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 313 **SEALED DOCUMENT** SEALED EXHIBITS 41-50 re: 308 Sealed Document filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 312 **SEALED DOCUMENT** SEALED EXHIBITS 35-40 re: 308 Sealed Document filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 311 **SEALED DOCUMENT** SEALED EXHIBITS 21-34 re: 308 Sealed Document filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 310 **SEALED DOCUMENT** SEALED EXHIBITS 15-20 re: 308 Sealed Document filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 309 **SEALED DOCUMENT** SEALED EXHIBITS 9-14 re: 308 Sealed Document filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 308 **SEALED DOCUMENT** SEALED DECLARATION OF MARK F. JAMES filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 307 **SEALED DOCUMENT** SEALED RESPONSE IN OPPOSITION re: 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 306 **SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION re: 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, filed by Plaintiff SCO Group (oversized document is not scanned - will be kept in permanent storage) (alt)
May 18, 2007 Opinion or Order Filing 303 EXHIBITS filed by SCO Group. (Normand, Edward)
May 18, 2007 Opinion or Order Filing 302 NOTICE OF CONVENTIONAL FILING of SCO's Memorandum in Opposition to Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, SCO's Response in Opposition to Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, Declaration of Mark F. James filed by Plaintiff SCO Group (Normand, Edward)
May 18, 2007 Opinion or Order Filing 301 Plaintiff's MEMORANDUM in Opposition re 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Exhibit Unpublished Cases)(Normand, Edward)
May 18, 2007 Opinion or Order Filing 300 Plaintiff's MOTION for Leave to File Excess Pages filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order Order Granting Ex Parte Motion for Leave to File Excess Pages) Motions referred to Brooke C. Wells.(Normand, Edward)
May 18, 2007 Opinion or Order Filing 299 Plaintiff's MEMORANDUM in Opposition re 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Normand, Edward)
May 15, 2007 Opinion or Order Filing 298 OBJECTIONS to 213 Sealed Document, 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim, 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim, 259 Memorandum in Support of Motion, [Evidentiary Objections to SCO's Summary Judgment Exhibits] filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Sneddon, Heather)
May 14, 2007 Opinion or Order Filing 297 REDACTION to 296 Sealed Supplemental Declaration of Kenneth W. Brakebill by Defendant Novell, Inc.. (Exhibits not attached in this image due to overlength size.) (blk)
May 14, 2007 Opinion or Order Filing 296 **SEALED DOCUMENT** SUPPLEMENTAL DECLARATION of Kenneth W. Brakebill in Opposition to SCO's Motion for Summary Judgment filed by Defendant Novell, Inc.. (No document attached.) (blk)
May 14, 2007 Opinion or Order Filing 295 **SEALED DOCUMENT** MEMORANDUM IN SUPPORT re 292 Memorandum in Opposition to Motion for Partial Summary Judgment on SCO's First, Second, and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim (Copyright Ownership) filed by Defendant Novell, Inc.. (No document attached.) (blk)
May 14, 2007 Opinion or Order Filing 294 NOTICE OF CONVENTIONAL FILING of (Sealed Memorandum in Opposition & Sealed/Redacted Supplemental Declaration) filed by Defendant Novell, Inc. (Sneddon, Heather)
May 14, 2007 Opinion or Order Filing 293 DECLARATION of James McKenna re 292 Memorandum in Opposition to Motion,, filed by Novell, Inc.. (Sneddon, Heather)
May 14, 2007 Opinion or Order Filing 292 Defendant's MEMORANDUM in Opposition re 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim [REDACTED] filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A-Response to SCO's Statement of Facts# 2 Exhibit B# 3 Exhibit C)(Sneddon, Heather)
April 25, 2007 Opinion or Order Filing 291 REDACTION to 288 Sealed Document [Memorandum in Support of Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages] by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1 - The SCO Group v. Novell# 2 Exhibit 2 - Geer v. Cox# 3 Exhibit 3 - Zapata v. IBP# 4 Exhibit 4 - Marseilles Hydro Power v. Marseilles Land & Water# 5 Exhibit 5 - Computerized Thermal Imaging v. Bloomberg# 6 Exhibit 6 - Professional Asset Mgmt. v. Penn Square Bank)(Sneddon, Heather)
April 25, 2007 Opinion or Order Filing 290 ORDER granting 289 Motion for Admission Pro Hac Vice of Marc J. Pernick for Novell, Inc.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 4/25/07. (blk)
April 24, 2007 Opinion or Order Filing 289 MOTION for Admission Pro Hac Vice of Marc J. Pernick, Registration fee $ 15, receipt number 4681017374, filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A - Application# 2 Exhibit B - Electronic Case Filing Registration Form# 3 Exhibit C - Proposed Order)(Sneddon, Heather)
April 23, 2007 Opinion or Order Filing 285 REDACTION to 284 Sealed Document DECLARATION OF KENNETH W. BRAKEBILL by Defendant Novell, Inc.. (blk) Modified on 4/23/2007 - Exhibits not scanned because they are oversize. They will be retained in the clerk's office for viewing (blk).
April 20, 2007 Opinion or Order Filing 288 **SEALED DOCUMENT** MEMORANDUM IN SUPPORT re 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Defendant Novell, Inc.. (blk)
April 20, 2007 Opinion or Order Filing 287 **SEALED DOCUMENT** MEMORANDUM IN SUPPORT re 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Defendant Novell, Inc.. (blk)
April 20, 2007 Opinion or Order Filing 286 **SEALED DOCUMENT** MEMORANDUM IN SUPPORT re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Defendant Novell, Inc.. (blk)
April 20, 2007 Opinion or Order Filing 284 **SEALED DOCUMENT**DECLARATION of Kenneth W. Brakebill filed by Defendant Novell, Inc.. (blk)
April 20, 2007 Opinion or Order Filing 283 NOTICE OF CONVENTIONAL FILING of (Memoranda and Declarations) filed by Defendant Novell, Inc. (Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 282 NOTICE of Corrected Filing by Novell, Inc. re 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition (Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 281 DECLARATION of Tor Braham re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2 - Pt. A# 3 Exhibit 2 - Pt. B# 4 Exhibit 2 - Pt. C# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5 - Pt. A# 8 Exhibit 5 - Pt. B# 9 Exhibit 6 - Pt. A# 10 Exhibit 6 - Pt. B# 11 Exhibit 7-8# 12 Exhibit 9# 13 Exhibit 10# 14 Exhibit 11)(Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 280 DECLARATION of James R. Tolonen re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Novell, Inc.. (Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 279 DECLARATION of David Bradford re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 278 DECLARATION of Allison Amadia re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Defendant Novell, Inc.. (Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 276 MEMORANDUM in Support re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance [REDACTED] filed by Defendant Novell, Inc.. (Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Defendant Novell, Inc.. (Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 274 MEMORANDUM in Support re 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1 - Evolution v. Prime Rate)(Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Defendant Novell, Inc.. (Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 272 MEMORANDUM in Support re 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Defendant Novell, Inc.. (Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Defendant Novell, Inc.. (Sneddon, Heather)
April 20, 2007 Opinion or Order Filing 270 ORDER granting 268 Motion for Protective Order - SECOND STIPULATED ADDENDUM TO PROTECTIVE ORDER. Signed by Judge Dale A. Kimball on 4/20/07. (blk)
April 20, 2007 Opinion or Order Filing 269 ORDER granting 267 Motion for Extension of Time of deadlines for expert discovery. See order for deadlines set. Signed by Judge Dale A. Kimball on 4/17/07. (blk)
April 19, 2007 Opinion or Order Filing 268 Stipulated MOTION for Protective Order (Entry of Second Stipulated Addendum) filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
April 19, 2007 Opinion or Order Filing 267 Stipulated MOTION for Extension of Time to Complete All Expert Discovery filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
April 16, 2007 Opinion or Order Filing 266 REDACTION to 251 Sealed Document SCO's Reply Memorandum In Support of its Cross Motion for Partial Summary Judgment on Novell's Fourth Counterclaim by Plaintiff SCO Group. (Normand, Edward)
April 16, 2007 Opinion or Order Filing 265 REDACTION to 213 Sealed Document SCO's Memorandum in Opposition to Novell's Motion for Partial Summary Judgment on its Fourth Counterclaim for Relief, and In Support of SCO's Cross Motion for Partial Summary Judgment by Plaintiff SCO Group. (Attachments: # 1 Part 2# 2 Part 3# 3 Appendix A)(Normand, Edward)
April 11, 2007 Opinion or Order Filing 264 ORDER granting 262 Motion for Admission Pro Hac Vice of David Boies for SCO Group. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Dale A. Kimball on 4/11/07. (blk)
April 10, 2007 Opinion or Order Filing 263 ORDER granting 261 Motion for Extension of Time to Extend Dispositive Motion Deadline to April 20, 2007. Signed by Judge Dale A. Kimball on 4-10-07. (sih)
April 10, 2007 Opinion or Order Filing 262 MOTION for Admission Pro Hac Vice of David Boies, Registration fee $ 15, receipt number 490587, filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Exhibit A: Application for Admission# 2 Exhibit B: ECF Registration# 3 Text of Proposed Order)(James, Mark)
April 9, 2007 Opinion or Order Filing 261 Stipulated MOTION for Extension of Time to File Dispositive Motions filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
April 9, 2007 Opinion or Order Filing 260 DECLARATION of Edward Normand re 259 Memorandum in Support of Motion, filed by SCO Group. (Attachments: # 1 Exhibit 1 Part 1# 2 Exhibit 1 Part 2# 3 Exhibit 1 Part 3# 4 Exhibit 1 Part 4# 5 Exhibit 2-9# 6 Exhibit 10-20# 7 Exhibit 21-27# 8 Exhibit 28-31# 9 Exhibit 32-34# 10 Exhibit 35 Part 1# 11 Exhibit 35 Part 2# 12 Exhibit 36-41)(Normand, Edward)
April 9, 2007 Opinion or Order Filing 259 MEMORANDUM in Support re 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Exhibit A-D: Unpublished Cases)(Normand, Edward)
April 9, 2007 Opinion or Order Filing 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order)(Normand, Edward)
April 3, 2007 Opinion or Order Filing 257 ORDER granting 256 Motion for Extension of Time to complete all outstanding fact discovery. The parties' 9/17/07 trial date will not change. Signed by Judge Dale A. Kimball on 4/3/07. (blk)
March 30, 2007 Opinion or Order Filing 256 Stipulated MOTION for Extension of Time to Complete Outstanding Fact Discovery filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
March 28, 2007 Opinion or Order Filing 255 STIPULATED ADDENDUM to PROTECTIVE ORDER. Signed by Judge Dale A. Kimball on 3/27/07. (blk)
March 26, 2007 Opinion or Order Filing 254 Stipulated MOTION for Protective Order (Entry of Stipulated Addendum) filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
March 23, 2007 Opinion or Order Filing 253 NOTICE FROM THE CLERK'S OFFICE: From this day forward, sealed submission in this case will not be scanned for internal court use but will be maintained in the court's sealed room not to be accessed except by court personnel. (ce)
March 22, 2007 Opinion or Order Filing 252 ORDER on 250 Motion to Amend/Correct Second Amended Complaint. It is hereby ordered that Plaintiff and Counterclaim-Defendant SCO's Second Amended Complaint is deemed amended to reflect that SCO's Fifth Claim for Relief arises out of Utah statutory and/or common law and Defendant and Counterclaim-Plaintiff Novell's Motion for a More Definite Statement of SCO's Unfair Competition Cause of Action is mooted. Signed by Judge Dale A. Kimball on 3/21/07. (blk)
March 20, 2007 Opinion or Order Filing 250 Stipulated MOTION to Amend/Correct SCO's Fifth Claim for Relief filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
March 19, 2007 Opinion or Order Filing 249 ORDER granting 248 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 3/19/07. (blk)
March 16, 2007 Opinion or Order Filing 251 **SEALED DOCUMENT** REPLY MEMORANDUM IN SUPPORT re 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim filed by Counter Defendant SCO Group. (blk)
March 16, 2007 Opinion or Order Filing 248 MOTION for Leave to File Excess Pages filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(James, Mark)
March 16, 2007 Opinion or Order Filing 247 NOTICE OF CONVENTIONAL FILING of Reply Memorandum in Support of its Cross Motion for Partial Summary Judgment on Novells Fourth Counterclaim and Exhibits Attached Thereto; Declaration of Mark F. James filed by Counter Defendant SCO Group, Plaintiff SCO Group (James, Mark)
March 12, 2007 Opinion or Order Filing 246 ORDER granting 245 Motion for Extension of Time to File Response/Reply re 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim. Replies due by 3/16/2007. Signed by Judge Dale A. Kimball on 3/12/07. (blk)
March 9, 2007 Opinion or Order Filing 245 MOTION for Extension of Time to File Response/Reply to Novell's Opposition to SCO's Cross Motion for Partial Summary Judgment on Novell's Fourth Claim for Relief filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward)
March 5, 2007 Opinion or Order Set/Reset Deadlines: Motions due by 4/13/2007. (blk)
March 5, 2007 Opinion or Order Filing 244 ORDER RE SCHEDULING granting 243 Motion for Extension of Time to Complete Discovery. Signed by Judge Dale A. Kimball on 3/5/07. (blk)
March 2, 2007 Opinion or Order Filing 243 Stipulated MOTION for Extension of Time to Complete Discovery filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
February 21, 2007 Opinion or Order Filing 242 **SEALED DOCUMENT**REPSONSE to SCOs Statement of Facts in Support of its Cross-Motion for Summary Jgm on Novells Fourth Claim for Relief filed by Defendant Novell, Inc.. (Attachments: # 1 2nd half of document)(blk)
February 21, 2007 Opinion or Order Filing 239 NOTICE OF CONVENTIONAL FILING of Novell's Opposition to SCO's Cross-Motion for Summary Judgment on Novell's Fourth Claim for Relief; Declaration of Heather M. Sneddon in Support; Novell's Response to SCO's Statement of Facts filed by Defendant Novell, Inc. (Sneddon, Heather)
February 20, 2007 Opinion or Order Filing 241 **SEALED DOCUMENT** DECLARATION of Heather Sneddon re 240 Sealed Opposition to Cross-Motion filed by Defendant Novell, Inc.. (blk)
February 20, 2007 Opinion or Order Filing 240 **SEALED DOCUMENT** Opposition to Cross Motion re 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief filed by Defendant Novell, Inc.. (blk)
February 13, 2007 Opinion or Order Filing 238 ORDER granting 234 Motion for Admission Pro Hac Vice of Grant L. Kim for Novell, Inc.. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 2/13/07. (blk)
February 12, 2007 Opinion or Order Filing 237 **SEALED DOCUMENT** REPLY TO RESPONSE regarding 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief filed by Defendant Novell, Inc.. (blk)
February 12, 2007 Opinion or Order Filing 236 NOTICE OF CONVENTIONAL FILING of Novell's Reply to SCO's Opposition to Novell's Motion for Partial Summary Judgment on its Fourth Claim for Relief [Filed Under Seal] filed by Defendant Novell, Inc. re 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief (Sneddon, Heather)
February 12, 2007 Opinion or Order Filing 235 Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages (Novell's Reply to SCO's Opposition to Novell's Motion for Partial Summary Judgment on its Fourth Claim for Relief) filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)
February 9, 2007 Opinion or Order Filing 234 MOTION for Admission Pro Hac Vice of Grant L. Kim, Registration fee $ 15, receipt number 4681016160, filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A -- Application# 2 Exhibit B -- Text of Proposed Order)(Sneddon, Heather)
February 1, 2007 Opinion or Order Filing 232 ORDER granting 230 Motion for Extension of Time to File Response/Reply re 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS Replies due by 1/31/2007.. Signed by Judge Dale A. Kimball on 2-1-07. (sih)
January 31, 2007 Opinion or Order Filing 233 **SEALED DOCUMENT** REPLY MEMORANDUM IN SUPPORT re 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS filed by Plaintiff SCO Group. (Oversized - exhibits not attached as an image.) (blk)
January 31, 2007 Opinion or Order Filing 231 NOTICE OF CONVENTIONAL FILING of SCO's Reply Memorandum in Support of Its Cross Motion for Summary Judgment or Partial Summary Judgment on Novells Third, Sixth, Seventh, Eighth and Ninth Counterclaims filed by Counter Defendant SCO Group, Plaintiff SCO Group re 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS (Hatch, Brent)
January 30, 2007 Opinion or Order Filing 230 Stipulated MOTION for Extension of Time to File Response/Reply filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward)
January 25, 2007 Opinion or Order Filing 229 Minute Entry for proceedings held before Judge Dale A. Kimball : Telephone Conference held on 1/25/2007. After hearing from counsel, the court will allow each side to designate 3 or 4 additional depositions by 1/29, to be taken by 3/2/07. Each side will also be allowed to designate one more deposition by 2/9/07 to be taken by 3/2/07. Attorney for Plaintiff: Mark James, Edward Normand, Esq. Attorney for Defendant Ken Brakebill, Esq. Court Reporter: Kelly Hicken. (tab)
January 25, 2007 Opinion or Order Filing 228 ORDER granting 226 Motion for Admission Pro Hac Vice of Sashi Bach Boruchow for SCO Group. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 1/24/07. (blk)
January 23, 2007 Opinion or Order Filing 227 Minute Entry for proceedings held before Judge Dale A. Kimball : Motion Hearing held on 1/23/2007 re 147 MOTION for Partial Summary Judgment or Preliminary Injunction filed by Novell, Inc., 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS filed by SCO Group, 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim filed by SCO Group, 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief filed by Novell, Inc. After hearing argument from counsel, the court takes this matter under advisement. Attorney for Plaintiff: Brent Hatch, Stuart Singer, Edward Normad, Esq., Attorney for Defendant Thomas Karranberg, Michael Jacobs, Heather Sneddon, Esq.. Court Reporter: Becky Janke. (tab)
January 23, 2007 Opinion or Order Filing 226 MOTION for Admission Pro Hac Vice of Sashi Bach Boruchow, Registration fee $ 15, receipt number 4681015764, filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Application for Admission# 2 Text of Proposed Order # 3 E-Filing Registration Form)(Hatch, Brent)
January 19, 2007 Opinion or Order Filing 225 DOCKET TEXT ORDER granting 182 Motion for Leave to File; granting 212 Motion for Leave to File. Signed by Judge Dale A. Kimball on 1-19-07.No attached document. (sih)
January 18, 2007 Opinion or Order Filing 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Normand, Edward)
January 17, 2007 Opinion or Order Filing 220 **SEALED DOCUMENT** RESPONSE to Statement of Facts in 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS filed by Defendant Novell, Inc.. (blk)
January 17, 2007 Opinion or Order Filing 219 **SEALED DOCUMENT** EXHIBITS 57-63 re 215 Sealed Declaration of Brent Hatch filed by Plaintiff SCO Group. (Oversized - no attachment.) (blk)
January 17, 2007 Opinion or Order Filing 218 **SEALED DOCUMENT** EXHIBITS 44-56 re 215 Sealed Declaration of Brent Hatch filed by Plaintiff SCO Group. (Oversized - no attachment.) (blk)
January 17, 2007 Opinion or Order Filing 217 **SEALED DOCUMENT** EXHIBIT 35 re 215 Sealed Declaration of Brent Hatch filed by Plaintiff SCO Group. (Oversized - no attachment.) (blk)
January 17, 2007 Opinion or Order Filing 216 **SEALED DOCUMENT** EXHIBITS 10-43 re 215 Sealed Declaration of Brent Hatch filed by Plaintiff SCO Group. (Oversized - no attachment.) (blk)
January 17, 2007 Opinion or Order Filing 215 **SEALED DOCUMENT** DECLARATION of Brent O. Hatch filed by Plaintiff SCO Group. (blk) (Oversized - no attachment.)
January 17, 2007 Opinion or Order Filing 214 **SEALED DOCUMENT** Memorandum in Support re 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS filed by Plaintiff SCO Group. (Oversized - No document attached.) (blk)
January 17, 2007 Opinion or Order Filing 213 **SEALED DOCUMENT**MEMORANDUM IN OPPOSITION to 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief filed by Plaintiff SCO Group. (Oversized - no document attached.) (blk)
January 17, 2007 Opinion or Order Filing 212 MOTION for Leave to File Over Length Memorandum in Opposition to Novell's Motion for Partial Summary Judgment on its Fourth Counterclaim for Relief, and for SCO's Cross Motion for Summary Judgment filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Hatch, Brent)
January 17, 2007 Opinion or Order Filing 211 NOTICE OF CONVENTIONAL FILING of (1)SCO's Memorandum in Opposition to Novell's Motion for Partial Summary on its Fourth Counterclaim for Relief, and in Support of SCO's Motion for Summary Judgment (2) Declaration of Brent O. Hatch filed by Counter Defendant SCO Group, Plaintiff SCO Group (Hatch, Brent)
January 17, 2007 Opinion or Order Filing 210 NOTICE OF CONVENTIONAL FILING of Novell's Opposition to SCO's Cross-Motion for Summary Judgment (Filed Under Seal), Declaration of Heather M. Sneddon (Filed Under Seal), and Novell's Response to SCO's Statement of Facts (Filed Under Seal) filed by Defendant Novell, Inc. (Sneddon, Heather)
January 16, 2007 Opinion or Order Filing 223 **SEALED DOCUMENT** DECLARATION of Heather M. Sneddon re 221 Sealed Opposition to Cross-Motion filed by Defendant Novell, Inc.. Part 2 of 2. (Oversized - no attachment.) (blk)
January 16, 2007 Opinion or Order Filing 222 **SEALED DOCUMENT** DECLARATION of Heather M. Sneddon re 221 Sealed Opposition to Cross-Motion filed by Defendant Novell, Inc.. Part 1 of 2. (Oversized - No attachment.) (blk)
January 16, 2007 Opinion or Order Filing 221 **SEALED DOCUMENT** OPPOSITION to 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS filed by Defendant Novell, Inc.. (blk)
January 12, 2007 Opinion or Order Filing 209 REDACTION to 183 Sealed Document, SCO's Memorandum in Opposition to Novell's Motion for Partial Summary Judgment or Preliminary Injunction and In Support of SCO's Cross Motion for Summary Judgment or Partial Summary Judgment by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Part 2# 2 Appendix A)(Normand, Edward)
January 12, 2007 Opinion or Order Filing 208 ORDER granting 181 Motion for Leave to File. Signed by Judge Dale A. Kimball on 1-12-07. (sih)
January 11, 2007 Opinion or Order Parties notified court they have resolved Novell's motion/compel. Hearing stricken for 1/11/07. Parties will file stipulation. (mlp)
January 10, 2007 Opinion or Order Filing 207 ORDER granting 196 Motion for Extension of Time to File Response/Reply re 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief Replies due by 1/17/2007.. Signed by Judge Dale A. Kimball on 1/9/07. (blk)
January 10, 2007 Opinion or Order