Novell v. Microsoft
| 2:2004cv01045 |
| November 12, 2004 |
| US District Court for the District of Utah |
| Central Office |
| Ted Stewart |
| Anti-Trust |
| 15 U.S.C. § 0001 Antitrust Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 16, 2012. A more recent docket listing may be available from PACER.
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| Filing 313 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 11/22/2011. Jury present. Evidence received, testimony taken. Jurors are directed to return 11/22/2011 @ 8:00 a.m. to resume trial. Outside the presence of the jury, the court hears argument on Defendant's Motion for Judgment As a Matter of Law. The court reserves ruling on motion. Attorney for Plaintiff: Jeff Johnson, Esq; Paul Taskier, Esq; John Schmidtlein, Esq, Miriam Vishio, Esq; Max Wheeler, Esq., Attorney for Defendant: David Tulchin, Esq; Steve Holley, Esq; Sharon Nelles, Esq; James Jardine, Esq. Court Reporter: Patti Walker, Ed Young, Becky Janke, Kelly Hicken. (tab) |
| Filing 312 DECLARATION of Steven L. Holley in Support of Microsoft's Memorandum in Response to Novell's Letter Concerning Documents Not in Evidence filed by Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Jardine, James) |
| Filing 311 NOTICE OF FILING re 306 Notice of Filing, Memorandum in Response to Novell's Letter Concerning Documents Not in Evidence filed by Defendant Microsoft. (Jardine, James) |
| Filing 310 Opposition BRIEF to 307 Novell's Motion to Reopen Its Case-in-Chief and Supplement the Record filed by Defendant Microsoft. (Jardine, James) Modified on 11/21/2011 ; added docket relationship to 307 (asp). |
| Filing 309 BRIEF Concerning Novell's Deception Theory filed by Defendant Microsoft. (Jardine, James) |
| Filing 308 MEMORANDUM in Support re 307 MOTION to Reopen its Case-in-chief and Supplement the Record filed by Plaintiff Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit B-3, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(English, Maralyn) |
| Filing 307 MOTION to Reopen its Case-in-chief and Supplement the Record filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(English, Maralyn) |
| Filing 306 NOTICE OF FILING of Letter Regarding Frankenberg Correspondence with Gates filed by Plaintiff Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Johnson, Jeffrey) |
| Filing 305 NOTICE OF FILING of Letter Regarding Deception in Antitrust Law filed by Plaintiff Novell. (Johnson, Jeffrey) |
| Filing 304 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 11/18/2011. Jury is not present. The court hears argument on defendant's motion for a judgment as a matter of law. Argument will continue after the jury trial on Monday, 11/21/2011 @ 1:30 p.m. Trial will begin at 8:00 a.m. Attorney for Plaintiff: Jeff Johnson, Esq; Max Wheeler, Esq; Paul Taskier, Esq; John Schmidtlein, Esq., Attorney for Defendant: David Tulchin, Esq; Sharon Nelles, Esq. Jim Jardine, Esq; Steve Holley, Esq. Court Reporter: Ed Young, Patti Walker, Laura Robinson. (tab) |
| Filing 303 NOTICE OF FILING of Exhibits to Novell's Opposition to Judgment as a Matter of Law re 302 Memorandum in Opposition to Motion filed by Plaintiff Novell. (Attachments: # 1 Exhibit Cover letter to Judge Motz, # 2 Exhibit DX0205, # 3 Exhibit DX0231, # 4 Exhibit DX0303, # 5 Exhibit DX0323, # 6 Exhibit DX0370, # 7 Exhibit DX0379a, # 8 Exhibit DX0379b, # 9 Exhibit DX0379c, # 10 Exhibit PX0001, # 11 Exhibit PX0003, # 12 Exhibit PX0017, # 13 Exhibit PX0031, # 14 Exhibit PX0032, # 15 Exhibit PX0033, # 16 Exhibit PX0044, # 17 Exhibit PX0047, # 18 Exhibit PX0050, # 19 Exhibit PX0051, # 20 Exhibit PX0052, # 21 Exhibit PX0054, # 22 Exhibit PX0055, # 23 Exhibit PX0056, # 24 Exhibit PX0057, # 25 Exhibit PX0061, # 26 Exhibit PX0062, # 27 Exhibit PX0063, # 28 Exhibit PX0064, # 29 Exhibit PX0072, # 30 Exhibit PX0074, # 31 Exhibit PX0078, # 32 Exhibit PX0082, # 33 Exhibit PX0083, # 34 Exhibit PX0084, # 35 Exhibit PX0085, # 36 Exhibit PX0088, # 37 Exhibit PX0090, # 38 Exhibit PX0091, # 39 Exhibit PX0093, # 40 Exhibit PX0094, # 41 Exhibit PX0102, # 42 Exhibit PX0105, # 43 Exhibit PX0106, # 44 Exhibit PX0113, # 45 Exhibit PX0114, # 46 Exhibit PX0115, # 47 Exhibit PX0127, # 48 Exhibit PX0129, # 49 Exhibit PX0131, # 50 Exhibit PX0134, # 51 Exhibit PX0137a, # 52 Exhibit PX0137b, # 53 Exhibit PX0137c, # 54 Exhibit PX0144, # 55 Exhibit PX0148, # 56 Exhibit PX0154, # 57 Exhibit PX0156, # 58 Exhibit PX0174a, # 59 Exhibit PX0174b, # 60 Exhibit PX0174c, # 61 Exhibit PX0174d, # 62 Exhibit PX0174e, # 63 Exhibit PX0176, # 64 Exhibit PX0179, # 65 Exhibit PX0181, # 66 Exhibit PX0184, # 67 Exhibit PX0192, # 68 Exhibit PX0200, # 69 Exhibit PX0201, # 70 Exhibit PX0207, # 71 Exhibit PX0212, # 72 Exhibit PX0213, # 73 Exhibit PX0215, # 74 Exhibit PX0216, # 75 Exhibit PX0219, # 76 Exhibit PX0220, # 77 Exhibit PX0221, # 78 Exhibit PX0222, # 79 Exhibit PX0224, # 80 Exhibit PX0225, # 81 Exhibit PX0227, # 82 Exhibit PX0231, # 83 Exhibit PX0248, # 84 Exhibit PX0268, # 85 Exhibit PX0279, # 86 Exhibit PX0312, # 87 Exhibit PX0324, # 88 Exhibit PX0333, # 89 Exhibit PX0344, # 90 Exhibit PX0355, # 91 Exhibit PX0361, # 92 Exhibit PX0364, # 93 Exhibit PX0374, # 94 Exhibit PX0379, # 95 Exhibit PX0391, # 96 Exhibit PX0395, # 97 Exhibit PX0400, # 98 Exhibit PX0410, # 99 Exhibit PX0412, # 100 Exhibit PX0471, # 101 Exhibit PX0473, # 102 Exhibit PX0482, # 103 Exhibit PX0483, # 104 Exhibit PX0488, # 105 Exhibit PX0489, # 106 Exhibit PX0490, # 107 Exhibit PX0491, # 108 Exhibit PX0499, # 109 Exhibit PX0506, # 110 Exhibit PX0509, # 111 Exhibit PX0515, # 112 Exhibit PX0517, # 113 Exhibit PX0524, # 114 Exhibit PX0530, # 115 Exhibit PX0531, # 116 Exhibit PX0543, # 117 Exhibit PX0554)(English, Maralyn) |
| Filing 302 MEMORANDUM in Opposition re 297 MOTION for Judgment as a Matter of Law filed by Plaintiff Novell. (English, Maralyn) |
| Filing 301 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 11/17/2011. Jury present. Evidence received, testimony taken. The plaintiff's rest. Jurors are excused and directed to return Monday, 11/21/2011 @ 8:00 a.m. to resume. Outside the presence of the jury, Mr. Tulchin moves for judgment as a matter of law. The court will hear arguments on motion tomorrow, Friday, 11/18/2011 @ 8:00 a.m. After a discussion with counsel, the court admits plaintiff's exhibits that were objected to by defendants. Attorney for Plaintiff: Jeff Johnson, Esq; Max Wheeler, Esq; Paul Taskier, Esq; Miriam Vishio, Esq; John Schmidtlein, Esq., Attorney for Defendant: David Tulchin, Esq; James Jardine, Esq; Sharon Nelles, Esq; Adam Paris, Esq; Steve Holley. Court Reporter: Kelly Hicken, Ed Young, Patti Walker. (tab) |
| Filing 299 AFFIDAVIT/DECLARATION of Steven L. Holley in Support re 297 MOTION for Judgment as a Matter of Law filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC)(Jardine, James) |
| Filing 298 MEMORANDUM in Support re 297 MOTION for Judgment as a Matter of Law filed by Defendant Microsoft. (Jardine, James) |
| Filing 297 MOTION for Judgment as a Matter of Law filed by Defendant Microsoft. (Jardine, James) |
| Filing 296 NOTICE OF FILING of Proffer of Evidence Regarding Testimony of Professor Roger G. Noll filed by Plaintiff Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Johnson, Jeffrey) |
| Filing 300 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 11/16/2011. Jury present. Evidence received, testimony taken. Jurors are excused and directed to return 11/17/2011 @ 8:00 a.m. to resume trial. Outside the presence of the jury, the court meets with counselto discuss exhibits and the designation of deposition of Mr. Coles. The court reserves on ruling at this time. Attorney for Plaintiff: Jeff Johnson, Esq; Max Wheeler, Esq; Paul Taskier, Esq. Miriam Vishio, Esq; John Schmidtlein, Esq., Attorney for Defendant: David Tulchin, Esq; Sharon Nelles, Esq; James Jardine, Esq. Steve Holley, Esq. Qian Gao, Esq.. Court Reporter: Laura Robinson, Ed Young, Kelly Hicken. (tab) |
| Filing 295 MEMORANDUM in Support re 294 MOTION to Admit Exhibits to Which There Are Outstanding Objections filed by Plaintiff Novell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3a, # 4 Exhibit 3b, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19a, # 21 Exhibit 19b, # 22 Exhibit 19c, # 23 Exhibit 20a, # 24 Exhibit 20b, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24, # 29 Exhibit 25, # 30 Exhibit 26, # 31 Exhibit 27, # 32 Exhibit 28a, # 33 Exhibit 28b, # 34 Exhibit 29, # 35 Exhibit 30, # 36 Exhibit 31, # 37 Exhibit 32, # 38 Exhibit 33, # 39 Exhibit 34, # 40 Exhibit 35, # 41 Exhibit 36, # 42 Exhibit 37, # 43 Exhibit 38, # 44 Exhibit 39, # 45 Exhibit 40, # 46 Exhibit 41, # 47 Exhibit 42, # 48 Exhibit 43, # 49 Exhibit 44, # 50 Exhibit 45a, # 51 Exhibit 45b, # 52 Exhibit 46a, # 53 Exhibit 46b, # 54 Exhibit 47, # 55 Exhibit 48, # 56 Exhibit 49, # 57 Exhibit 50, # 58 Exhibit 51)(English, Maralyn) |
| Filing 294 MOTION to Admit Exhibits to Which There Are Outstanding Objections filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(English, Maralyn) |
| Filing 293 MOTION for Leave to File Excess Pages in Novell's Memorandum in Support of its Motion to Admit Exhibits to Which There Are Outstanding Objections filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(English, Maralyn) |
| Filing 292 NOTICE OF FILING of Letter Regarding DX 131A filed by Plaintiff Novell. (Attachments: # 1 Exhibit A)(Johnson, Jeffrey) |
| Filing 291 NOTICE OF FILING of Letter Regarding MAPI Exhibits filed by Plaintiff Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Johnson, Jeffrey) |
| Filing 290 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 11/15/2011. Jury present. Evidence received, testimony taken. Jurors are excused and directed to return 11/16/2011 @ 8:00 a.m. to resume trial. Outside the presence of the jury, counsel argue defendant's motion to strike the testimony of Mr. Alepin regarding Perfectoffice as middleware. After hearing arguments, the Court reserves ruling on motion. Counsel request counsel to supply transcript of opening statements and slides that were used. Ms. Gao requests that exhibit 131a be admitted. The court will hear from Mr. Johnson tomorrow. Attorney for Plaintiff: Jeff Johnson, Esq; John Schmidtlein, Esq; Miriam Vishio, Esq; Max Wheeler, Esq., Attorney for Defendant: David Tulchin, Esq; Sharon Nelles, Esq; James Jardine, Esq; Qian Gao, Esq. Court Reporter: Ed Young, Becky Janke, Patti Walker. (tab) |
| Filing 289 Sur-reply MEMORANDUM in Opposition re 274 MOTION to Strike Testimony of Ronald Alepin Concerning PerfectOffice as Middleware filed by Plaintiff Novell. (English, Maralyn) |
| Filing 288 MOTION for Leave to File Novell's Surreply in Support of its Opposition to Microsoft's Motion to Strike Testimony of Ronald Alepin Concerning Perfectoffice as Middleware filed by Plaintiff Novell. (Attachments: # 1 Exhibit 1 (Novells proposed surreply), # 2 Exhibit 2 (Text of Proposed Order))(English, Maralyn) |
| Filing 287 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 11/14/2011. Jury present. Evidence received, testimony taken. Jurors are directed to return 11/15/2011 @ 8:00 a.m. to resume trial. Motion to strike the testimony of Mr. Alepin will be heard at a later time. Attorney for Plaintiff: Jeff Johnson, Esq; Paul Taskier, Esq; Erin Burns, Esq; John Schmidtlein, Esq; Max Wheeler, Esq; Miriam Vishio, Esq., Attorney for Defendant: David Tulchin, Esq; Sharon Nelles, Esq; James Jardine, Esq; Adam Paris, Esq. Court Reporter: Becky Janke, Patti Walker, Ed YOung. (tab) |
| Filing 285 REPLY to Response to Motion re 274 MOTION to Strike Testimony of Ronald Alepin Concerning PerfectOffice as Middleware filed by Defendant Microsoft. (Jardine, James) |
| Filing 284 MEMORANDUM in Opposition re 274 MOTION to Strike Testimony of Ronald Alepin Concerning PerfectOffice as Middleware filed by Plaintiff Novell. (English, Maralyn) |
| Filing 286 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 11/10/2011. Jury present. Evidence received, testimony taken. Jurors are directed to return 11/14/2011 @ 8:00 a.m. Outside the presence of the jury, defendant has filed a motion to strike the testimony of Mr. Alepin re: middleware. Plaintiff's will respond by 11/14/2011. Attorney for Plaintiff: Jeff Johnson, Esq; Max Wheeler, Esq; John Schmidtlein, Esq; Miriam Vishiom, Esq; Paul Taskier, Esq., Attorney for Defendant: David Tulchin, Esq; Steve Holley, Esq; Sharon Nelles, Esq; James Jardine, Esq; Adam Paris, Esq. Court Reporter: Ed Young, Kelly Hicken, Patti Walker. (tab) Modified on 11/16/2011 (tab). |
| Filing 283 NOTICE OF FILING of Designation from the May 24, 1994 Deposition of Paul Maritz Played for the Jury on October 27, 2011 filed by Defendant Microsoft. (asp) |
| Filing 282 NOTICE OF FILING of Designation from the February 3, 2009 Deposition of Scott Raedeke Played for the Jury on October 27, 2011 filed by Defendant Microsoft. (asp) |
| Filing 281 NOTICE OF FILING of Designation from the January 27, 2009 Deposition of Jeff Raikes Played for the Jury on October 27, 2011 filed by Defendant Microsoft. (asp) |
| Filing 280 NOTICE OF FILING of Designation from the June 23, 1994 Deposition of Brad Silverberg Read to the Jury on October 27, 2011 filed by Defendant Microsoft. (asp) |
| Filing 279 NOTICE OF FILING of Designation from the January 09, 2009 Deposition of Paul Maritz Played for the Jury on October 27, 2011 filed by Defendant Microsoft. (asp) |
| Filing 278 NOTICE OF FILING of Designation from the January 22, 2009 Deposition of Brad Silverberg Played for the Jury on October 19, 2011 and October 26, 2011 filed by Defendant Microsoft. (asp) |
| Filing 277 NOTICE OF FILING of Designation from the March 4, 2009 and May 15, 2009 Depositions of William Gates Played for the Jury on October 19, 2011 filed by Defendant Microsoft. (asp) |
| Filing 276 STIPULATION Regarding Trial Transcript by Microsoft, Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Jardine, James) |
| Filing 275 MEMORANDUM in Support re 274 MOTION to Strike Testimony of Ronald Alepin Concerning PerfectOffice as Middleware filed by Defendant Microsoft. (Jardine, James) |
| Filing 274 MOTION to Strike Testimony of Ronald Alepin Concerning PerfectOffice as Middleware filed by Defendant Microsoft. (Jardine, James) |
| Filing 273 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 11/9/2011. Jury present. Evidence received, testimony taken. Mr. Alepin is certified as an expert for plaintiff. Outside the presence of the jury, Mr. Holley moves to strike the testimony of Mr. Alepin. Motion is denied. Jury is excused and directed to return 11/10/11 @ 8:00 a.m. Outside the presence of the jury, the court meets with counsel to discuss three exhibits that defendants want redacted. Plaintiff's exhibits 487, 488 will come in. Plaintiff's exhibit #492 has embedded hearsay will need to be redacted. Attorney for Plaintiff: Jeff Johnson, Esq; John Schmidtlein, Esq; Miriam Vishio, Esq; Paul Taskier, Esq; Max Wheeler, Esq., Attorney for Defendant: David Tulchin, Esq; Steve Holley, Esq; Sharon Nelles, Esq; Heidi Bradley, Esq; James Jardine, Esq. Court Reporter: Ed Young, Kelly Hicken, Becky Janke. (tab) |
| Filing 272 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 11/8/2011. Jury present. Evidence received, testimony taken. Outside the presence of the jury, the court meets with counsel, in chambers. Jurors are excused and directed to return 11/09/2011 @ 8:00 a.m. Attorney for Plaintiff: Jeff Johnson, Esq; John Schmidtlein, Esq; Paul Taskier, Esq; Miriam Vishio, Esq; Max Wheeler, Esq;, Attorney for Defendant: David Tulchin, Esq; Sharon Nelles, Esq; Steve Holley, Esq; Adam Paris, Esq; James Jardine, Esq. Court Reporter: Ed Young, Patti Walker, Bekcy Janke. (tab) |
| Filing 271 NOTICE OF FILING of Novell's Letter to Judge Motz regarding deposition designation objections filed by Plaintiff Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(English, Maralyn) |
| Filing 270 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 11/7/2011. Juror #7 is 35 minutes late. Outside the presence of the jury, the court meets with counsel to discuss plaintiff's exhibit 6. Jury present. Evidence received, testimony taken. Jurors are excused @ 1:35 and directed to return 11/08/2011 @ 8:00 a.m. to resume trial. Attorney for Plaintiff: Jeff Johnson, Esq; Paul Taskier, Esq; Miriam Vishio, Esq; Max Wheeler, Esq., Attorney for Defendant: David Tulchin, Esq; Steve Holley, Esq; Sharon Nelles, Esq; James Jardine, Esq. Court Reporter: Laura Robinson, Becky Janke, Patti Walker. (tab) |
| Filing 269 RESPONSE re 265 Memorandum (NOT to motion), to Limit the Scope of the Testimony of Ronald Alepin filed by Novell. (Attachments: # 1 Exhibit A)(English, Maralyn) |
| Filing 268 AFFIDAVIT/DECLARATION of Steven L. Holley in Support re 232 MOTION to Exclude Concerning the Proper Scope of Expert Testimony (Supplemental Declaration) filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Jardine, James) |
| Filing 267 REPLY to Response to Motion re 232 MOTION to Exclude Concerning the Proper Scope of Expert Testimony filed by Defendant Microsoft. (Jardine, James) |
| Filing 266 DECLARATION of Steven L. Holley re 265 Memorandum (NOT to motion) to Limit the Scope of the Testimony of Ronald Alepin filed by Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1 of 3, # 3 Exhibit B - Part 2 of 3, # 4 Exhibit B - Part 3 of 3, # 5 Exhibit C - Part 1 of 2, # 6 Exhibit C - Part 2 of 2, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G)(Jardine, James) |
| Filing 265 MEMORANDUM to Limit the Scope of the Testimony of Ronald Alepin filed by Microsoft. (Jardine, James) |
| Filing 264 RESPONSE re 262 Memorandum (NOT to motion), filed by Novell. (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 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(English, Maralyn) |
| Filing 263 DECLARATION of Steven L. Holley re 262 Memorandum (NOT to motion) Concerning the Admissibility of DX 6 filed by Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Jardine, James) |
| Filing 262 MEMORANDUM Concerning the Admissibility of DX 6 filed by Microsoft. (Attachments: # 1 Appendix A)(Jardine, James) |
| Filing 261 MEMORANDUM in Opposition re 232 MOTION to Exclude Concerning the Proper Scope of Expert Testimony filed by Plaintiff Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(English, Maralyn) |
Filing 260
DOCKET TEXT ORDER granting 259 Motion for Leave to File Excess Pages. Signed by Judge J. Frederick Motz on 11/03/2011. No attached document. (asp)
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| Filing 259 MOTION for Leave to File Excess Pages in Opposition to Microsoft's Motion Concerning the Proper Scope of Expert Testimony filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(English, Maralyn) |
| Filing 258 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 10/27/2011. Jury present. Evidence received, testimony taken. Jurors are directed to return 11/07/2011 @ 8:00 a.m. for trial. Outside the presence of the jury, the court hears argument on motion (#247) re: DOJ investigation mentioned in opening statements by Mr. Tulchin. Motion is DENIED. Attorney for Plaintiff: Jeff Johnson, Esq; Max Wheeler, Esq; Miriam Vishio, Esq; Paul Taskier, Esq., Attorney for Defendant: David Tulchin, Esq; Sharon Nelles, Esq; James Jardine, Esq; Adam Paris, Esq. Court Reporter: Ed Young, Kelly Hicken, Patti Walker. (tab) |
| Filing 257 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 10/26/2011. Jury present. Evidence received, testimony taken. Jurors are directed to return 10/27/2011 @ 8:00 a.m. to resume trial. Attorney for Plaintiff: Jeff Johnson, Esq; John Schmidtlein, Esq; Miriam Vishio, Esq; Paul Taskier, Esq;, Attorney for Defendant: David Tulchin, Esq; Steve Holley, Sharon Nelles, Esq; James Jardine, Esq; Adam Paris, Esq. Court Reporter: Kelly Hicken, Ed Young, Patti Walker.(Time Start: 8:00 a.m., Time End: 1:30 p.m., Room 246.) (tab) |
| Filing 256 REPLY to Response to Motion re 247 MOTION To Overrule Microsofts Objections To Documents Concerning Novells Communications With DOJ About Microsofts Conduct filed by Plaintiff Novell. (English, Maralyn) |
| Filing 255 AFFIDAVIT/DECLARATION of Steven L. Holley in Opposition re 247 MOTION To Overrule Microsofts Objections To Documents Concerning Novells Communications With DOJ About Microsofts Conduct filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Jardine, James) |
| Filing 254 MEMORANDUM in Opposition re 247 MOTION To Overrule Microsofts Objections To Documents Concerning Novells Communications With DOJ About Microsofts Conduct filed by Defendant Microsoft. (Jardine, James) |
| Filing 253 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 10/25/2011. Outside the presence of the jury, the Court meets with counsel. Jury present. Evidence received, testimony taken. Jurors are directed to return 10/26/2011 @ 8:00 a.m. Attorney for Plaintiff: Jeff Johnson, Esq; Miriam Vishio, Esq; John Schmidtlein, Esq; Max Wheeler, Esq; Paul Taskier, Esq., Attorney for Defendant: David Tulchin, Esq; Steve Holley, Esq; James Jardine, Esq; Sharon Nelles, Esq; Adam Paris, Esq. Court Reporter: Kelly Hicken, Becky Janke, Patti Walker.(Time Start: 7:45, Time End: 1:45, Room 246.) (tab) |
| Filing 252 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 10/24/2011. Jury present. Evidence received, testimony taken. Jurors are directed to return 10/25/2011 @ 8:00 a.m. to resume trial. Out of the presence of the jury, the Court meets with counsel. The Court will meet with counsel tomorrow at 7:45 a.m. Attorney for Plaintiff: Jeff Johnson, Esq; John Schmidtlein, Esq; Max Wheeler, Esq; Miriam Vishio, Esq; Erin Burns, Esq., Attorney for Defendant: David Tulchin, Esq; Steve Holley, Esq; James Jardine, Esq; Sharon Nelles, Esq. Court Reporter: Becky Janke, Laura Robinson, Patti Walker.(Time Start: 8:00 a.m., Time End: 1:45 p.m., Room 246.) (tab) |
| Filing 250 REPLY BRIEF re 239 Memorandum (NOT to motion) Concerning the Time Period of the Collaterally Estopped Facts filed by Defendant Microsoft. (Jardine, James) |
| Filing 249 REQUEST for Assistance Letter to the Honorable J. Frederick Motz, dated October 24, 2011, and attachments filed by Defendant Microsoft. (Jardine, James) |
| Filing 248 MEMORANDUM in Support re 247 MOTION To Overrule Microsofts Objections To Documents Concerning Novells Communications With DOJ About Microsofts Conduct filed by Plaintiff Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(English, Maralyn) |
| Filing 247 MOTION To Overrule Microsofts Objections To Documents Concerning Novells Communications With DOJ About Microsofts Conduct filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(English, Maralyn) |
| Filing 245 RESPONSE re 239 Memorandum (NOT to motion), filed by Novell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(English, Maralyn) |
| Filing 251 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 10/20/2011. Jury present. Evidence received, testimony taken. Jurors are directed to return 10/24/2011 @ 8:00 a.m. to resume trial. Attorney for Plaintiff: Jeff Johnson, Esq; John Schmidtlein, Esq; Miriam Vishio, Esq; Paul Taskier, Esq; Max Wheeler, Esq;, Attorney for Defendant: David Tulchin, Esq; Steve Holley, Esq; James Jardine, Sharon Nelles, Esq;. Court Reporter: Ed Young, Becky Janke, Kelly Hicken.(Time Start: 8:00 a.m., Time End: 1:45 p.m., Room 246.) (tab) |
| Filing 246 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Subpoena served on Steven Giles on 10/18/11, filed by Plaintiff Novell (alt) |
| Filing 244 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 10/19/2011. Jury present at 8:30 a.m. Deposition testimony is heard. The jury is excused at 1:20 p.m. and directed to return 10/21/11 @ 8:00 a.m. for trial. Outside the presence of the jury, the Court hears argument on motion for curative instruction re: remarks made by Mr. Tulchin during opening statements 10/19/2011. The motion is GRANTED and an instruction will be given to the jury. Attorney for Plaintiff: Jeff Johnson, Esq; John Schmidtlein, Esq; Max Wheeler, Esq; Miriam Vishio, Esq., Attorney for Defendant: David Tulchin, Esq; Sharon Nelles, Esq; James Jardine, Esq; Adam Paris, Esq.. Court Reporter: Kelly Hicken, (a.m.) Laura Robinson (a.m.) Ed Young, (p.m.).(Time Start: 8:30 a.m., Time End: 1:45 p.m., Room 246.) (tab) |
| Filing 243 MEMORANDUM in Support re 242 MOTION for a Curative Instruction Regarding Date of Case Filing filed by Plaintiff Novell. (Johnson, Jeffrey) |
| Filing 242 MOTION for a Curative Instruction Regarding Date of Case Filing filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(Johnson, Jeffrey) |
| Filing 241 MEMORANDUM in Support re 240 MOTION for a Curative Instruction Regarding Microsoft's Misstatement of the Court's Preliminary Jury Instruction filed by Plaintiff Novell. (Johnson, Jeffrey) |
| Filing 240 MOTION for a Curative Instruction Regarding Microsoft's Misstatement of the Court's Preliminary Jury Instruction filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(Johnson, Jeffrey) |
| Filing 239 MEMORANDUM Concerning the Time Period of the Collaterally Estopped Facts filed by Microsoft. (Jardine, James) |
| Filing 238 Minute Entry for proceedings held before Judge J. Frederick Motz: Jury Trial held on 10/18/2011. Jury is present. Trial begins @ 8:30 a.m. Opening statements are heard from Novell and Microsoft. Mr. Taskier reads Findings of Facts (from earlier case held in Washington DC) into the record. Jurors are excused and directed to return 10/19/2011 @ 8:30 a.m. for trial. Attorney for Plaintiff: Jeff Johnson, Esq; Max Wheeler, Esq; Paul Taskier, Esq; John Schmidtlein, Esq; Miriam Vishio, Esq;, Attorney for Defendant: David Tulchin, Esq; Sharon Nelles, Esq; James Jardine, Esq; Steve Holley, Esq. Court Reporter: Becky Janke (a.m) Kelly Hicken (p.m.)(Time Start: 8:30, Time End: 1:30, Room 246.) (tab) |
| Filing 237 STIPULATION Regarding Novell's October 30, 1995 Announcement of Its Intent to Sell Its Applications Division by Microsoft, Novell. (Jardine, James) |
| Filing 236 Minute Entry for proceedings held before Judge J. Frederick Motz: Voir Dire held on 10/17/2011. Forty-five prospective jurors were present, of which 12 jurors were selected, sworn and seated. Preliminary instructions were given. Jurors are instructed to return 10/18/11 to begin trial. Out of the presence of the jury, the court discusses redaction of certain exhibits and preliminary statement that will be given to the jury. Counsel are working on a gloassary of terms to be given to the jury. The exclusionary rule is invoked by Microsoft counsel. Attorneys for Plaintiff: John Schmidtlein, Esq; Jeff Johnson, Esq; Maralyn English, Esq; Max Wheeler, Esq, Attorneys for Defendant: David Tulchin, Esq; Steve Holley, Esq; Sharon Nelles, Esq; James Jardin, Esq; Steve Aeschbacher, Esq. Court Reporter: Laura Robinson.(Time Start: 8:30 a.m., Time End: 11:00 a.m., Room 246.) (tab) |
| Filing 234 AFFIDAVIT/DECLARATION of Steven L. Holley in Support re 232 MOTION to Exclude Concerning the Proper Scope of Expert Testimony filed by Defendant Microsoft. (Attachments: # 1 Exhibit A)(Jardine, James) |
| Filing 233 MEMORANDUM in Support re 232 MOTION to Exclude Concerning the Proper Scope of Expert Testimony filed by Defendant Microsoft. (Jardine, James) |
| Filing 232 MOTION to Exclude Concerning the Proper Scope of Expert Testimony filed by Defendant Microsoft. (Jardine, James) |
| Filing 235 **SEALED DOCUMENT** Letter to the Honarable J. Frederick Motz and Exhibits filed by Plaintiff Novell. Note: Document is Over Sized ; Not Imaged ; Placed in Sealed Room. (asp) |
| Filing 231 MOTION for Leave to File Under Seal Letter to the Honorable J. Frederick Motz dated October 14, 2011 and the Exhibits Attached Thereto filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(English, Maralyn) |
| Filing 230 STIPULATION as to Potential Jurors Stricken for Cause/Hardship by Microsoft, Novell. (asp) |
| Filing 229 MEMORANDUM Regarding the Court's Proposed Jury Instruction Number One filed by Novell. (asp) |
| Filing 228 **SEALED DOCUMENT** Notice of Filing Entitled Novell May Not Assert Any Claim Based on the Theory that Perfectoffice Combined with Netscape and Java was a Middleware Threat to Windows filed by Defendant Microsoft. (asp) |
| Filing 227 **SEALED DOCUMENT** Declaration of Steven L. Holley filed by Defendant Microsoft. (asp) |
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Filing 226
DOCKET TEXT ORDER granting 224 Motion for Leave to File. Signed by Judge J. Frederick Motz on 10/13/2011. No attached document. (asp)
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| Filing 225 MEMORANDUM in Support re 224 MOTION for Leave to File Under Seal filed by Defendant Microsoft. (Jardine, James) |
| Filing 224 MOTION for Leave to File Under Seal filed by Defendant Microsoft. (Attachments: # 1 Text of Proposed Order)(Jardine, James) |
| Filing 223 MEMORANDUM Concerning the Court's Tentative Views About Preliminary Jury Instructions filed by Microsoft. (Jardine, James) |
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Filing 222
DOCKET TEXT ORDER granting 221 Motion for Admission Pro Hac Vice of Qian A. Gao for Microsoft. 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 J. Frederick Motz on 10/12/2011. No attached document. (asp)
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| Filing 221 MOTION for Admission Pro Hac Vice of Qian A. Gao, Registration fee $ 15, receipt number 1088-1452704, filed by Defendant Microsoft. (Attachments: # 1 Exhibit Application, # 2 Exhibit ECF Form, # 3 Text of Proposed Order)(Jardine, James) |
| Filing 220 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Trial Subpoena served on David Hallmeyer on 10/8/11, filed by Defendant Microsoft. (Jardine, James) |
| Filing 219 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Trial Subpoena served on Glenn Mella on 10/5/11, filed by Defendant Microsoft. (Jardine, James) |
| Filing 218 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Trial Subpoena served on Willard E. Peterson on 10/5/11, filed by Defendant Microsoft. (Jardine, James) |
| Filing 217 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Trial Subpoena served on Nolan Larsen on 10/5/11, filed by Defendant Microsoft. (Jardine, James) |
| Filing 216 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Trial Subpoena served on David Acheson on 10/3/11, filed by Defendant Microsoft. (Jardine, James) |
| Filing 215 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Trial Subpoena served on Craig Bushman on 10/2/11, filed by Defendant Microsoft. (Jardine, James) |
| Filing 214 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Trial Subpoena served on Clive D. Winn on 10/2/11, filed by Defendant Microsoft. (Jardine, James) |
| Filing 213 **RESTRICTED DOCUMENT** RETURN OF SERVICE Executed for Trial Subpoena served on Karl Ford on 9/30/11, filed by Defendant Microsoft. (Jardine, James) |
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Filing 211
DOCKET TEXT ORDER granting 208 Motion for Admission Pro Hac Vice of Erin Wilcox Burns,Alex E. Hassid for Novell. 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; granting 209 Motion for Admission Pro Hac Vice of Erin Wilcox Burns,Alex E. Hassid for Novell. 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 J. Frederick Motz on 10/12/2011. No attached document. (asp)
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Filing 210
DOCKET TEXT ORDER granting 207 Motion for Admission Pro Hac Vice of Andrew E. Smith for Novell. 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 J. Frederick Motz on 10/12/2011. No attached document. (asp)
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| Filing 212 NOTICE OF WITHDRAWAL OF COUNSEL of Kit A. Pierson on behalf of Microsoft (asp) |
| Filing 209 MOTION for Admission Pro Hac Vice of Erin Wilcox Burns, Registration fee $ 15, receipt number 1088-1451884, filed by Plaintiff Novell. (Attachments: # 1 Exhibit Application for Admission Pro Hac Vice, # 2 Exhibit Electronic Case Filing Registration Form, # 3 Text of Proposed Order Order for Pro Hac Vice Admission)(English, Maralyn) |
| Filing 208 MOTION for Admission Pro Hac Vice of Alex E. Hassid, Registration fee $ 15, receipt number 1088-1451846, filed by Plaintiff Novell. (Attachments: # 1 Exhibit Application for Admission Pro Hac Vice, # 2 Exhibit Electronic Case Filing Registration Form, # 3 Text of Proposed Order Order for Admission Pro Hac Vice)(English, Maralyn) |
| Filing 207 MOTION for Admission Pro Hac Vice of Andrew E. Smith, Registration fee $ 15, receipt number 1088-1451686, filed by Plaintiff Novell. (Attachments: # 1 Exhibit Application For Admission Pro Hac Vice, # 2 Exhibit Electronic Case Filing Registration, # 3 Text of Proposed Order Order for Pro Hac Vice Admission)(English, Maralyn) |
| Filing 206 Correspondence from Judge Motz regarding preliminary jury instructions and middleware theory. (JFM) |
| Filing 205 **SEALED DOCUMENT** Supplemental Response to Motion re 112 MOTION in Limine to Exclude Evidence of Novell's New Middleware Theory filed by Plaintiff Novell. (Attachments: # 1 Exhibit A-E, # 2 Exhibit F-H, # 3 Exhibit I-P)(asp) |
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Filing 204
DOCKET TEXT ORDER granting 203 Motion for Leave to File. Signed by Judge J. Frederick Motz on 10/11/2011. No attached document. (asp)
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| Filing 203 MOTION for Leave to File Document Under Seal filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order Proposed Order)(English, Maralyn) Modified on 10/11/2011 ; changed relief from to Seal Document to for Leave to File Document Under Seal (asp). |
| Filing 202 NOTICE of Hearing by Novell (English, Maralyn) |
| Filing 201 AFFIDAVIT/DECLARATION of Steven L. Holley in Support re 112 MOTION in Limine to Exclude Evidence of Novell's New Middleware Theory (Supplemental Declaration) filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Jardine, James) |
| Filing 200 Supplemental MEMORANDUM in Support re 112 MOTION in Limine to Exclude Evidence of Novell's New Middleware Theory filed by Defendant Microsoft. (Jardine, James) |
| Filing 199 Minute Entry for proceedings held before Judge J. Frederick Motz: Motion Hearing held on 10/7/2011 re 178 MOTION to Strike Microsoft's Motion for a Spoliation Instruction filed by Novell. Attorney for Plaintiff: Jeffrey Johnson, et al, Attorney for Defendant: David Tulchin, et al. Court Reporter: Christine Asif.(Time Start: 10:00, Time End: 12:45, Room Courtroom 5A - Baltimore, Maryland.) (JFM) |
| Filing 198 Minute Entry for proceedings held before Judge J. Frederick Motz: Motion Hearing held on 10/6/2011 re 178 MOTION to Strike Microsoft's Motion for a Spoliation Instruction filed by Novell. Attorney for Plaintiff: Jeffrey Johnson, et al, Attorney for Defendant: David Tulchin, et al. Court Reporter: Christine Asif.(Time Start: 10:30 am, Time End: 4:00 pm, Room Courtroom 5A.) (JFM) |
| Filing 197 NOTICE OF FILING of Novells Modified Proposed Final Jury Instruction No. 17 filed by Plaintiff Novell. (English, Maralyn) |
| Filing 196 **SEALED DOCUMENT** Memorandum in Opposition re 112 MOTION in Limine to Exclude Evidence of Novell's New Middleware Theory filed by Plaintiff Novell. (Attachments: # 1 Exhibit 1-4, # 2 Exhibit 5-6, # 3 Exhibit 7-8, # 4 Exhibit 9-11, # 5 Exhibit 12-15, # 6 Exhibit 16-19, # 7 Exhibit 20-23)(asp) |
| Filing 195 **SEALED DOCUMENT** Memorandum in Opposition re 115 MOTION in Limine to Exclude Evidence of Microsoft's Conduct Directed at NetWare filed by Plaintiff Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA)(asp) |
| Filing 194 DECLARATION of Steven L. Holley re 193 Response (NOT to motion) Memorandum Concerning the Court's October 4, 2011 Collateral Estoppel Ruling filed by Microsoft. (Attachments: # 1 Exhibit A)(Jardine, James) |
| Filing 193 RESPONSE re 163 Correspondence, Memorandum Concerning the Court's October 4, 2011 Collateral Estoppel Ruling filed by Microsoft. (Jardine, James) |
| Filing 192 MEMORANDUM in Opposition re 178 MOTION to Strike Microsoft's Motion for a Spoliation Instruction filed by Defendant Microsoft. (Jardine, James) |
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Filing 191
DOCKET TEXT ORDER granting 172 Motion for Leave to File. Signed by Judge J. Frederick Motz on 10/05/2011. No attached document. (asp)
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Filing 190
DOCKET TEXT ORDER granting 164 Motion for Leave to File Excess Pages ; granting 167 Motion for Leave to File. Signed by Judge J. Frederick Motz on 10/05/2011. No attached document. (asp)
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| Filing 189 **SEALED DOCUMENT** Declaration of Steven L. Holley in Opposition re 131 *SEALED DOCUMENT* SEALED MOTION filed by Defendant Microsoft. (asp) |
| Filing 188 **SEALED DOCUMENT** Memorandum in Opposition re 131 *SEALED DOCUMENT* SEALED MOTION filed by Defendant Microsoft. (asp) |
| Filing 187 DECLARATION of Adam S. Paris re 186 Memorandum (NOT to motion) Supplemental Memorandum Regarding Objections to Trial Exhibits filed by Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Jardine, James) |
| Filing 186 Supplemental MEMORANDUM re 153 Memorandum (NOT to motion) Regarding Objections to Trial Exhibits filed by Microsoft. (Jardine, James) |
| Filing 185 AFFIDAVIT/DECLARATION of Steven L. Holley in Opposition re 109 MOTION in Limine Regarding Prior Proceedings filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Jardine, James) |
| Filing 184 MEMORANDUM in Opposition re 109 MOTION in Limine Regarding Prior Proceedings filed by Defendant Microsoft. (Jardine, James) |
| Filing 183 AFFIDAVIT/DECLARATION of Steven L. Holley in Opposition re 103 MOTION in Limine to Preclude Evidence of Allegedly Similar or Allegedly Anticompetitive Acts by Novell filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Jardine, James) |
| Filing 182 MEMORANDUM in Opposition re 103 MOTION in Limine to Preclude Evidence of Allegedly Similar or Allegedly Anticompetitive Acts by Novell filed by Defendant Microsoft. (Jardine, James) |
| Filing 181 Supplemental MEMORANDUM Regarding Novell's and Microsoft's Objections to the Opposing Party's Trial Exhibits filed by Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(English, Maralyn) |
| Filing 180 AFFIDAVIT/DECLARATION of Erin W. Burns in Support re 178 MOTION to Strike Microsoft's Motion for a Spoliation Instruction filed by Plaintiff Novell. (English, Maralyn) |
| Filing 179 MEMORANDUM in Support re 178 MOTION to Strike Microsoft's Motion for a Spoliation Instruction filed by Plaintiff Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(English, Maralyn) |
| Filing 178 MOTION to Strike Microsoft's Motion for a Spoliation Instruction filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(English, Maralyn) |
| Filing 177 MEMORANDUM in Opposition re 99 MOTION in Limine to Exclude Evidence of Microsoft's Conduct Toward Netscape and Sun filed by Plaintiff Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Appendix 1, # 4 Appendix 2, # 5 Appendix 3)(English, Maralyn) |
| Filing 176 AFFIDAVIT/DECLARATION of Steven L. Holley in Opposition re 118 MOTION in Limine To Preclude Admission of Newspaper and Magazine Articles filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Jardine, James) |
| Filing 175 MEMORANDUM in Opposition re 107 MOTION in Limine to Limit the Testimony of Ronald Alepin filed by Plaintiff Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(English, Maralyn) |
| Filing 174 MEMORANDUM in Opposition re 118 MOTION in Limine To Preclude Admission of Newspaper and Magazine Articles filed by Defendant Microsoft. (Jardine, James) |
| Filing 173 MEMORANDUM in Support re 172 MOTION for Leave to File Under Seal Novell's Memoranda in Opposition to Microsoft's Motions in Limine filed by Plaintiff Novell. (English, Maralyn) |
| Filing 172 MOTION for Leave to File Under Seal Novell's Memoranda in Opposition to Microsoft's Motions in Limine filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(English, Maralyn) |
| Filing 171 AFFIDAVIT/DECLARATION of Steven L. Holley in Opposition re 98 MOTION in Limine to Preclude Evidence of Disclaimers in Non-disclosure Agreements Relating to Beta Versions of Windows 95 Software filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Jardine, James) |
| Filing 170 MEMORANDUM in Opposition re 98 MOTION in Limine to Preclude Evidence of Disclaimers in Non-disclosure Agreements Relating to Beta Versions of Windows 95 Software filed by Defendant Microsoft. (Jardine, James) |
| Filing 169 MEMORANDUM in Support re 167 MOTION for Leave to File Under Seal filed by Defendant Microsoft. (Jardine, James) |
| Filing 168 MEMORANDUM in Opposition re 94 MOTION in Limine to Exclude Evidence Relating to Dismissed Claims filed by Plaintiff Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (part 1), # 5 Exhibit D (part 2), # 6 Exhibit D (part 3), # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Appendix 1)(English, Maralyn) |
| Filing 167 MOTION for Leave to File Under Seal filed by Defendant Microsoft. (Attachments: # 1 Text of Proposed Order)(Jardine, James) |
| Filing 166 MEMORANDUM in Opposition re 89 MOTION in Limine to Preclude Evidence of Charitable Contributions by Microsoft or its Officers and Employees filed by Defendant Microsoft. (Jardine, James) |
| Filing 165 MEMORANDUM in Opposition re 92 MOTION in Limine To Exclude Evidence of Amounts Paid by Microsoft in Settlement of Other Disputes filed by Plaintiff Novell. (English, Maralyn) |
| Filing 164 MOTION for Leave to File Excess Pages in Memoranda in Support of Novell's Oppositions to Three of Microsoft's Motions in Limine filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(English, Maralyn) |
| Filing 163 Correspondence/Memo from Judge J. Frederick Motz to Counsel (asp) |
| Filing 162 Minute Entry for proceedings held before Judge J. Frederick Motz: Motion Hearing held on 9/29/2011 re 60 MOTION Seeking Collateral Estoppel filed by Novell. Attorney for Plaintiff: Jeffrey Johnson, et al, Attorney for Defendant: David Tulchin, et al. Court Reporter: Christine Asif.(Time Start: 9:30 a.m., Time End: 3:30 p.m., Room: Courtroom 5A (Baltimore, Maryland).) (JFM) |
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Filing 161
DOCKET TEXT ORDER granting 147 Motion for Admission Pro Hac Vice of M. David Possick for Microsoft. 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 J. Frederick Motz on 09/29/2011. No attached document. (asp)
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| Filing 160 MEMORANDUM Regarding Novells and Microsofts Objections to the Opposing Partys Trial Exhibits filed by Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(English, Maralyn) |
| Filing 159 Supplemental MEMORANDUM re 144 Memorandum (NOT to motion), 146 Memorandum (NOT to motion), Memorandum (NOT to motion) in Support of its Proposed Jury Instructions and in Opposition to Novell's Proposed Jury Instructions filed by Microsoft. (Jardine, James) |
| Filing 158 AFFIDAVIT/DECLARATION of Steven L. Holley in Support re 155 MOTION to Strike Novell's "Foundation" Objections with Respect to Documents Produced by Novell From Its Files MOTION for Sanctions for Spoliation filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X)(Jardine, James) |
| Filing 157 AFFIDAVIT/DECLARATION of James S. Jardine in Support re 155 MOTION to Strike Novell's "Foundation" Objections with Respect to Documents Produced by Novell From Its Files MOTION for Sanctions for Spoliation filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F - Part 1 of 6, # 7 Exhibit F - Part 2 of 6, # 8 Exhibit F - Part 3 of 6, # 9 Exhibit F - Part 4 of 6, # 10 Exhibit F - Part 5 of 6, # 11 Exhibit F - Part 6 of 6)(Jardine, James) |
| Filing 156 MEMORANDUM in Support re 155 MOTION to Strike Novell's "Foundation" Objections with Respect to Documents Produced by Novell From Its Files MOTION for Sanctions for Spoliation filed by Defendant Microsoft. (Jardine, James) |
| Filing 155 MOTION to Strike Novell's "Foundation" Objections with Respect to Documents Produced by Novell From Its Files, MOTION for Sanctions for Spoliation filed by Defendant Microsoft. (Jardine, James) |
| Filing 154 DECLARATION of Steven L. Holley re 153 Memorandum (NOT to motion) with Respect to Novell's Objections to Microsoft's Trial Exhibits filed by Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA)(Jardine, James) |
| Filing 153 MEMORANDUM with Respect to Novell's Objections to Microsoft's Trial Exhibits filed by Microsoft. (Jardine, James) |
| Filing 152 NOTICE of Proposed Pretrial Order With Exhibits by Microsoft, Novell (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L) (English, Maralyn) |
| Filing 151 NOTICE of Proposed Pretrial Order by Microsoft, Novell (English, Maralyn) |
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Filing 150
DOCKET TEXT ORDER granting 142 Motion for Leave to File. Signed by Judge J. Frederick Motz on 09/27/2011. No attached document. (asp)
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| Filing 147 MOTION for Admission Pro Hac Vice of M. David Possick, Registration fee $ 15, receipt number 1088-1442761, filed by Defendant Microsoft. (Attachments: # 1 Application, # 2 ECF Registration Form, # 3 Text of Proposed Order)(Jardine, James) |
| Filing 146 Supplemental MEMORANDUM re 137 Memorandum (NOT to motion), Memorandum (NOT to motion) in Support of Novell's Proposed Jury Instructions and in Opposition to Certain of Microsoft's Proposed Jury Instructions filed by Novell. (Attachments: # 1 Exhibit A)(English, Maralyn) |
| Filing 149 **SEALED DOCUMENT** Exhibit H re 145 Declaration, filed by Defendant Microsoft. (asp) |
| Filing 148 **SEALED DOCUMENT** Memorandum in Support of Microsoft's Proposed Jury Instructions and in Opposition to Novell's Proposed Jury Instructions filed by Defendant Microsoft. (asp) |
| Filing 145 DECLARATION of Steven L. Holley re 144 Memorandum (NOT to motion) in Support of Microsoft's Proposed Jury Instructions and in Opposition to Novell's Proposed Jury Instructions filed by Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H - Filed Separately Under Seal, # 9 Exhibit I, # 10 Exhibit J)(Jardine, James) |
| Filing 144 MEMORANDUM in Support of Microsoft's Proposed Jury Instructions and in Opposition to Novell's Proposed Jury Instructions (REDACTED VERSION) filed by Microsoft. (Jardine, James) |
| Filing 143 MEMORANDUM in Support re 142 MOTION for Leave to File Under Seal filed by Defendant Microsoft. (Jardine, James) |
| Filing 142 MOTION for Leave to File Under Seal filed by Defendant Microsoft. (Attachments: # 1 Text of Proposed Order)(Jardine, James) |
| Filing 141 NOTICE FROM THE COURT re 140 Order on Sealed Motion. (asp) |
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Filing 139
DOCKET TEXT ORDER granting 130 Motion for Leave to File Excess Pages. Signed by Judge J. Frederick Motz on 09/26/2011. No attached document. (asp)
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Filing 138
DOCKET TEXT ORDER granting 128 Motion for Admission Pro Hac Vice of Adam S. Paris for Microsoft. 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 J. Frederick Motz on 09/26/2011. No attached document. (asp)
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| Filing 137 MEMORANDUM in Support of Novell's Proposed Jury Instructions and in Opposition to Certain of Microsoft's Proposed Jury Instructions filed by Novell. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F (part 1), # 7 Exhibit F (part 2), # 8 Exhibit G)(English, Maralyn) |
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Filing 136
DOCKET TEXT ORDER granting 121 Motion to Seal. Signed by Judge J. Frederick Motz on 09/23/2011. No attached document. (asp)
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Filing 135
DOCKET TEXT ORDER granting 116 Motion for Leave to File. Signed by Judge J. Frederick Motz on 09/23/2011. No attached document. (asp)
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Filing 134
DOCKET TEXT ORDER granting 97 Motion for Leave to File. Signed by Judge J. Frederick Motz on 09/23/2011. No attached document. (asp)
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| Filing 133 NOTICE of [Proposed] Order Granting Novell's Motion in Limine to Preclude References to Alleged Prejudices of Novell Employees by Novell re 131 *SEALED DOCUMENT* SEALED MOTION (English, Maralyn) |
| Filing 130 MOTION for Leave to File Excess Pages in Memorandum in Support of Novell's Proposed Jury Instructions and Opposition to Certain of Microsoft's Proposed Final Jury Instructions filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(English, Maralyn) |
| Filing 129 MOTION for Admission Pro Hac Vice of Heidi Bradley, Registration fee $ 15, receipt number 1088-1440506, filed by Defendant Microsoft. (Attachments: # 1 Application for Admission, # 2 ECF Form, # 3 Text of Proposed Order)(Jardine, James) |
| Filing 132 **SEALED DOCUMENT** Memorandum in Support re 131 *SEALED DOCUMENT* SEALED MOTION filed by Plaintiff Novell. (asp) |
| Filing 131 *SEALED DOCUMENT* SEALED MOTION in Limine to Preclude References to Alleged Prejudices of Novell Employees filed by Plaintiff Novell. (asp) |
| Filing 128 MOTION for Admission Pro Hac Vice of Adam S. Paris, Registration fee $ 15, receipt number 1088-1440224, filed by Defendant Microsoft. (Attachments: # 1 Application for Admission, # 2 ECF Form, # 3 Text of Proposed Order)(Jardine, James) |
| Filing 127 NOTICE OF ERROR re 126 MOTION for Admission Pro Hac Vice of Adam S. Paris (no fee paid). The document was filed without paying the required fee. The clerk requests the filer of the original document to refile the pleading and pay the fee while in the process of filing. The new entry will receive a new document number on the docket. (alt) |
| Filing 126 ERROR: Pay.gov skipped - MOTION for Admission Pro Hac Vice of Adam S. Paris (no registration fee required) filed by Defendant Microsoft. (Attachments: # 1 Application for Admission, # 2 ECF Form, # 3 Text of Proposed Order)(Jardine, James) Modified on 9/22/2011: added error text (alt) |
| Filing 125 **SEALED DOCUMENT** Declaration of Steven L. Holley re 115 MOTION in Limine to Exclude Evidence of Microsoft's Conduct Directed at NetWare filed by Defendant Microsoft. (asp) |
| Filing 124 **SEALED DOCUMENT** Memorandum in Support re 115 MOTION in Limine to Exclude Evidence of Microsoft's Conduct Directed at NetWare filed by Defendant Microsoft. (asp) |
| Filing 123 **SEALED DOCUMENT** Memorandum in Support re 112 MOTION in Limine to Exclude Evidence of Novell's New Middleware Theory filed by Defendant Microsoft. (asp) |
| Filing 122 NOTICE of [Proposed] Order Granting Novell's ex Parte Motion for Leave to File Motion in Limine under Seal by Novell re 121 MOTION to Seal Motion in Limine (English, Maralyn) |
| Filing 121 MOTION to Seal Motion in Limine filed by Plaintiff Novell. (English, Maralyn) |
| Filing 120 NOTICE of [Proposed] Order Granting Novell's Motion in Limine To Preclude Admission of Newspaper and Magazine Articles by Novell re 118 MOTION in Limine To Preclude Admission of Newspaper and Magazine Articles (English, Maralyn) |
| Filing 119 MEMORANDUM in Support re 118 MOTION in Limine To Preclude Admission of Newspaper and Magazine Articles filed by Plaintiff Novell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(English, Maralyn) |
| Filing 118 MOTION in Limine To Preclude Admission of Newspaper and Magazine Articles filed by Plaintiff Novell. (English, Maralyn) |
| Filing 117 MEMORANDUM in Support re 116 MOTION for Leave to File Under Seal filed by Defendant Microsoft. (Jardine, James) |
| Filing 116 MOTION for Leave to File Under Seal filed by Defendant Microsoft. (Attachments: # 1 Text of Proposed Order)(Jardine, James) |
| Filing 115 MOTION in Limine to Exclude Evidence of Microsoft's Conduct Directed at NetWare filed by Defendant Microsoft. (Jardine, James) |
| Filing 114 AFFIDAVIT/DECLARATION of Steven L. Holley in Support re 112 MOTION in Limine to Exclude Evidence of Novell's New Middleware Theory filed by Defendant Microsoft. (Attachments: # 1 Exhibit A - F)(Jardine, James) |
| Filing 113 NOTICE of [Proposed] Order Granting Novell's Motion in Limine Regarding Prior Proceedings by Novell re 109 MOTION in Limine Regarding Prior Proceedings (English, Maralyn) |
| Filing 112 MOTION in Limine to Exclude Evidence of Novell's New Middleware Theory filed by Defendant Microsoft. (Jardine, James) |
| Filing 111 MEMORANDUM in Support re 109 MOTION in Limine Regarding Prior Proceedings filed by Plaintiff Novell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(English, Maralyn) |
| Filing 110 AFFIDAVIT/DECLARATION of Steven L. Holley in Support re 107 MOTION in Limine to Limit the Testimony of Ronald Alepin filed by Defendant Microsoft. (Attachments: # 1 Exhibit A - D)(Jardine, James) |
| Filing 109 MOTION in Limine Regarding Prior Proceedings filed by Plaintiff Novell. (English, Maralyn) |
| Filing 108 MEMORANDUM in Support re 107 MOTION in Limine to Limit the Testimony of Ronald Alepin filed by Defendant Microsoft. (Jardine, James) |
| Filing 107 MOTION in Limine to Limit the Testimony of Ronald Alepin filed by Defendant Microsoft. (Jardine, James) |
| Filing 106 AFFIDAVIT/DECLARATION of Steven L. Holley in Support re 99 MOTION in Limine to Exclude Evidence of Microsoft's Conduct Toward Netscape and Sun filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B - Part 1 of 2, # 3 Exhibit B - Part 2 of 2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E - Part 1 of 2, # 7 Exhibit E - Part 2 of 2, # 8 Exhibit F)(Jardine, James) |
| Filing 105 NOTICE of [Proposed] Order Granting Novell's Motion in Limine to Preclude Evidence of Allegedly Similar or Allegedly Anticompetitive Acts by Novell by Novell re 103 MOTION in Limine to Preclude Evidence of Allegedly Similar or Allegedly Anticompetitive Acts by Novell (English, Maralyn) |
| Filing 104 MEMORANDUM in Support re 103 MOTION in Limine to Preclude Evidence of Allegedly Similar or Allegedly Anticompetitive Acts by Novell filed by Plaintiff Novell. (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 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(English, Maralyn) |
| Filing 103 MOTION in Limine to Preclude Evidence of Allegedly Similar or Allegedly Anticompetitive Acts by Novell filed by Plaintiff Novell. (English, Maralyn) |
| Filing 102 NOTICE of [proposed] Order Granting Novell's Motion in Limine to Preclude Evidence of Disclaimers in Non-Disclosure Agreements Relating to Beta Versions of Windows 95 Software by Novell re 98 MOTION in Limine to Preclude Evidence of Disclaimers in Non-disclosure Agreements Relating to Beta Versions of Windows 95 Software (English, Maralyn) |
| Filing 101 MEMORANDUM in Support re 99 MOTION in Limine to Exclude Evidence of Microsoft's Conduct Toward Netscape and Sun filed by Defendant Microsoft. (Jardine, James) |
| Filing 100 MEMORANDUM in Support re 98 MOTION in Limine to Preclude Evidence of Disclaimers in Non-disclosure Agreements Relating to Beta Versions of Windows 95 Software filed by Plaintiff Novell. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(English, Maralyn) |
| Filing 99 MOTION in Limine to Exclude Evidence of Microsoft's Conduct Toward Netscape and Sun filed by Defendant Microsoft. (Jardine, James) |
| Filing 98 MOTION in Limine to Preclude Evidence of Disclaimers in Non-disclosure Agreements Relating to Beta Versions of Windows 95 Software filed by Plaintiff Novell. (English, Maralyn) |
| Filing 97 MOTION for Leave to File Overlength Memorandum filed by Defendant Microsoft. (Attachments: # 1 Text of Proposed Order)(Jardine, James) |
| Filing 96 AFFIDAVIT/DECLARATION of Steven L. Holley in Support re 94 MOTION in Limine to Exclude Evidence Relating to Dismissed Claims filed by Defendant Microsoft. (Attachments: # 1 Exhibit A - F)(Jardine, James) |
| Filing 95 MEMORANDUM in Support re 94 MOTION in Limine to Exclude Evidence Relating to Dismissed Claims filed by Defendant Microsoft. (Jardine, James) |
| Filing 94 MOTION in Limine to Exclude Evidence Relating to Dismissed Claims filed by Defendant Microsoft. (Jardine, James) |
| Filing 93 MEMORANDUM in Support re 92 MOTION in Limine To Exclude Evidence of Amounts Paid by Microsoft in Settlement of Other Disputes filed by Defendant Microsoft. (Jardine, James) |
| Filing 92 MOTION in Limine To Exclude Evidence of Amounts Paid by Microsoft in Settlement of Other Disputes filed by Defendant Microsoft. (Jardine, James) |
| Filing 91 NOTICE of [proposed] Order Granting Novell's Motion in Limine to Preclude Evidence of Charitable Contributions by Microsoft or its Officers and Employees by Novell re 89 MOTION in Limine to Preclude Evidence of Charitable Contributions by Microsoft or its Officers and Employees (English, Maralyn) |
| Filing 90 MEMORANDUM in Support re 89 MOTION in Limine to Preclude Evidence of Charitable Contributions by Microsoft or its Officers and Employees filed by Plaintiff Novell. (English, Maralyn) |
| Filing 89 MOTION in Limine to Preclude Evidence of Charitable Contributions by Microsoft or its Officers and Employees filed by Plaintiff Novell. (English, Maralyn) |
|
Filing 88
DOCKET TEXT ORDER granting 49 Motion for Admission Pro Hac Vice of Sharon L. Nelles for Microsoft,John E. Schmidtlein,Jason D. Wallach,Miriam R. Vishio,Paul R. Taskier,Adam Proujansky,James Robertson Martin for Novell. 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; granting 50 Motion for Admission Pro Hac Vice of Sharon L. Nelles for Microsoft,John E. Schmidtlein,Jason D. Wallach,Miriam R. Vishio,Paul R. Taskier,Adam Proujansky,James Robertson Martin for Novell. 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; granting 51 Motion for Admission Pro Hac Vice of Sharon L. Nelles for Microsoft,John E. Schmidtlein,Jason D. Wallach,Miriam R. Vishio,Paul R. Taskier,Adam Proujansky,James Robertson Martin for Novell. 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; granting 52 Motion for Admission Pro Hac Vice of Sharon L. Nelles for Microsoft,John E. Schmidtlein,Jason D. Wallach,Miriam R. Vishio,Paul R. Taskier,Adam Proujansky,James Robertson Martin for Novell. 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; granting 53 Motion for Admission Pro Hac Vice of Sharon L. Nelles for Microsoft,John E. Schmidtlein,Jason D. Wallach,Miriam R. Vishio,Paul R. Taskier,Adam Proujansky,James Robertson Martin for Novell. 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; granting 65 Motion for Admission Pro Hac Vice of Sharon L. Nelles for Microsoft,John E. Schmidtlein,Jason D. Wallach,Miriam R. Vishio,Paul R. Taskier,Adam Proujansky,James Robertson Martin for Novell. 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; granting 77 Motion for Admission Pro Hac Vice of Sharon L. Nelles for Microsoft,John E. Schmidtlein,Jason D. Wallach,Miriam R. Vishio,Paul R. Taskier,Adam Proujansky,James Robertson Martin for Novell. 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 J. Frederick Motz on 09/19/2011. No attached document. (asp)
|
| Filing 87 Proposed Voir Dire by Defendant Microsoft. (Attachments: # 1 Exhibit A)(Jardine, James) |
| Filing 86 NOTICE OF FILING of Microsoft's Proposed Supplemental Juror Questionnaire filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Jardine, James) |
| Filing 85 Proposed Voir Dire by Plaintiff Novell. (English, Maralyn) |
| Filing 84 NOTICE of Novell's Proposed Jury Questionnaire by Novell (Attachments: # 1 Exhibit 1 Jury Questionnaire--no objections, # 2 Exhibit 2 Jury Questionnaire--additional questions) (English, Maralyn) |
| Filing 83 OBJECTIONS to 81 Objections, 82 Status Report filed by Novell. (English, Maralyn) |
| Filing 82 STATUS REPORT for the September 14, 2011 Pre-Trial Conference by Microsoft. (Jardine, James) |
| Filing 81 OBJECTIONS to Novell's Proposed Preliminary Jury Instructions and in Support of Microsoft's Proposed Preliminary Jury Instructions filed by Microsoft. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Jardine, James) |
| Filing 80 MOTION for Leave to File Sur-Reply Memorandum re 80 MOTION Seeking Collateral Estoppel filed by Plaintiff Novell filed by Defendant Microsoft. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Jardine, James) Modified by adding link to motion per counsel on 9/9/2011 (rks). |
| Filing 78 REPLY to Response to Motion re 60 MOTION Seeking Collateral Estoppel filed by Plaintiff Novell. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4)(English, Maralyn) |
| Filing 77 MOTION for Admission Pro Hac Vice of John E. Schmidtlein, Registration fee $ 15, receipt number 1088-1426323, filed by Plaintiff Novell. (Attachments: # 1 Exhibit A (Application, Proposed Order, ECF Registration Form))(English, Maralyn) |
|
Filing 79
DOCKET TEXT ORDER granting 76 Motion for Leave to File Excess Pages. Signed by Judge J. Frederick Motz on 9/7/11. No attached document. (JFM)
|
| Filing 76 Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages in Reply Memorandum in Support of Renewed Motion for Collateral Estoppel filed by Plaintiff Novell. (Attachments: # 1 Text of Proposed Order)(English, Maralyn) |
| Filing 75 NOTICE OF WITHDRAWAL OF COUNSEL of Robert A. Rosenfeld on behalf of Microsoft (asp) |
| Filing 74 Mail Returned as Undeliverable. Mail sent to Robert A. Rosenfeld, addressee unknown, return to sender. (djs) |
| Filing 73 Paperless order granting 69 Motion for Leave to File Overlength Memorandum. Signed by Judge J. Frederick Motz on 8/25/11. No attached document. (JFM) |
| Filing 72 MEMORANDUM in Opposition re 60 MOTION Seeking Collateral Estoppel - Memorandum in Opposition to Novell's Renewed Motion Seeking Collateral Estoppel filed by Defendant Microsoft. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C)(Jardine, James) |
| Filing 71 Mail Returned as Undeliverable. Mail sent to Robert A. Rosenfeld, addressee unknown, return to sender. (djs) |
| Filing 70 NOTICE of Appearance by Justin T. Toth on behalf of Microsoft (Toth, Justin) |
| Filing 69 Defendant's MOTION for Leave to File Overlength Memorandum filed by Defendant Microsoft. (Attachments: # 1 Text of Proposed Order)(Jardine, James) |
| Filing 68 Mail Returned as Undeliverable. Mail sent to Robert A. Rosenfeld, addressee unknown, return to sender. (djs) |
|
Filing 67
Paperless ORDER granting re 66 First MOTION for Extension of Time to Submit Proposed Voir Dire Questions and Jury Questionnaire filed by Microsoft. Signed by Judge J. Frederick Motz on 8/12/11. (JFM)
|
| Filing 66 First MOTION for Extension of Time to Submit Proposed Voir Dire Questions and Jury Questionnaire filed by Defendant Microsoft. (Holley, Steven) |
| Filing 65 Final MOTION for Admission Pro Hac Vice of Sharon L. Nelles, Registration fee $ 15, receipt number 1088-1411177, filed by Defendant Microsoft. (Attachments: # 1 Supplement Application for Admission/ECF Form, # 2 Text of Proposed Order)(Jardine, James) |
| Filing 64 Mail Returned as Undeliverable. Mail sent to Robert A. Rosenfeld, attempted - not known, unable to forward. (djs) |
| Filing 63 Mail Returned as Undeliverable. Mail sent to Robert A. Rosenfeld, attempted - not known, unable to forward. (djs) |
| Filing 62 Mail Returned as Undeliverable. Mail sent to Robert A. Rosenfeld, attempted - not known, unable to forward. (djs) |
| Filing 61 MEMORANDUM in Support re 60 MOTION Seeking Collateral Estoppel filed by Plaintiff Novell. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Exhibit 1, # 5 Exhibit 2--Part 1, # 6 Exhibit 2--Part 2, # 7 Exhibit 3, # 8 Text of Proposed Order)(English, Maralyn) |
| Filing 60 MOTION Seeking Collateral Estoppel filed by Plaintiff Novell. (English, Maralyn) |
| Filing 59 Set Deadlines: Proposed Voir Dire due 9/8/2011, Proposed Jury Instructions due 9/8/2011.6-8 Week Jury Trial set for Monday, 10/17/2011 at 08:30 AM before Judge J. Frederick Motz in Salt Lake City, UT.Pretrial Conference set for Wednesday, 9/14/2011 at 4:30 PM before Judge J. Frederick Motz in Baltimore, MD. Motion Hearing on the collateral estoppel motion set for Tuesday, 9/27/2011 at 2:15 PM before Judge J. Frederick Motz in Baltimore, MD.Motion Hearing on motions in limine set for Friday, 10/7/2011 at 2:15 PM before Judge J. Frederick Motz in Baltimore, MD. See docket entry 56 for details. (rks) |
| Filing 58 NOTICE - Updated Docket from US District Court for the District of Maryland, case 1:05cv01087JFM (Attachments: # 1 Docket Sheet) (asp) |
| Filing 56 Correspondence confirming the matters discussed at the conference held on July 27, 2011. (JFM) |
| Filing 57 Minute Entry for proceedings held before Judge J. Frederick Motz: Telephone Conference held on 7/27/2011. See entry 56 for details. (rks) |
| Filing 55 NOTICE of Hearing by Novell (July 27, 2011, 4:30 p.m. EST) (English, Maralyn) |
| Filing 54 STIPULATION Regarding Business Records Exception to the Hearsay Rule by Novell. (English, Maralyn) |
| Filing 53 MOTION for Admission Pro Hac Vice of Jason D. Wallach, Registration fee $ 15, receipt number 1088-1398637, filed by Plaintiff Novell. (Attachments: # 1 Exhibit A Pro Hac Vice application, proposed Order, ECF registration form)(English, Maralyn) |
| Filing 52 MOTION for Admission Pro Hac Vice of Miriam R. Vishio, Registration fee $ 15, receipt number 1088-1398629, filed by Plaintiff Novell. (Attachments: # 1 Exhibit A Pro Hac Vice application, proposed Order, ECF registration form)(English, Maralyn) |
| Filing 51 MOTION for Admission Pro Hac Vice of Paul R. Taskier, Registration fee $ 15, receipt number 1088-1398624, filed by Plaintiff Novell. (Attachments: # 1 Exhibit A Pro Hac Vice application, proposed Order, ECF registration form)(English, Maralyn) |
| Filing 50 MOTION for Admission Pro Hac Vice of Adam Proujansky, Registration fee $ 15, receipt number 1088-1398622, filed by Plaintiff Novell. (Attachments: # 1 Exhibit A Pro Hac Vice application, proposed Order, ECF registration form)(English, Maralyn) |
| Filing 49 MOTION for Admission Pro Hac Vice of James Robertson Martin, Registration fee $ 15, receipt number 1088-1398598, filed by Plaintiff Novell. (Attachments: # 1 Exhibit A Pro Hac Vice application, proposed Order, ECF registration form)(English, Maralyn) |
| Filing 47 EXHIBITS received from the District of Maryland, case MDL 1332 filed by Microsoft (oversize, not scanned) - Exhibit 31 and 43 to the Affidavit of Steven L. Holley in Support of Microsoft's Cross-Motion for Summary Judgment and filed in MDL 1332, dated 11/13/2009. Exhibit 31 - Complaint filed in the District of Utah in this case on 11/12/2004; Exhibit 43 - Complaint filed in the Fourth Judicial District Court of Utah County, State of Utah, case 000402011 filed 6/16/2000, Novell v. Caldera. (ce) Modified on 7/21/2011 - these documents will be placed in the court file (ce). |
| Filing 46 NOTICE - MDL Docket from the US District Court for the District of Maryland, case MDL 1332. (ce) |
| Filing 45 NOTICE - Docket from US District Court for the District of Maryland, case 1:05cv01087JFM. (ce) |
| Filing 44 File Received/Downloaded from MDL 1332 pursuant to 37 Joint Stipulation of Parties re: Designation of Documents: (Attachments: # 1 Doc 1651 - Entry of Appearance of R. Bruce Holcomb for Novell, # 2 Doc 1652 - Entry of Appearance of Milton A. Marquis for Novell, # 3 Doc 1671 - Amd Stip Protective Order, # 4 Doc 1673 - Paperless Order Approving Amended Stip Protective Order, # 5 Doc 1693 - Transcript dated July 6, 2005 re: Conference Call, # 6 Doc 1696 - Letter from G. Stewart Webb, Jr., Esq re: Conference Call set for 8/3/2005, # 7 Doc 1706 - Memorandum re Interlocutory Appeal signed by Judge Motz, 8/19/2005, # 8 Doc 1707 - Order Certifying Issue to the Fourth Circuit signed by Judge Motz 8/19/2005, # 9 Doc 1738 - Letter from Jeffrey M. Johnson, Esq. re postponement of discovery pending Appellate Ruling, # 10 Doc 1777 - Transmittal Sheet re Notice of Appeal, # 11 Doc 1877 - Judgment from the Fourth Circuit Court of Appeals, # 12 Doc 1880 - Mandate from the Fourth Circuit Court of Appeals) (ce) Modified on 7/21/2011 to modify text (ce). |
|
Filing 43
ORDER signed by Judge J. Frederick Motz. All documents filed previously in the Maryland case, 1:05cv01087JFM will be accessed through PACER at the Maryland website and will not be copied to the District of Utah docket by the Clerk's Office. However, the few documents designated by counsel from the MDL 1332 case will be entered on this case as "File Received". (ce)
|
| Filing 42 NOTICE FROM THE COURT re: Conference Call re: trial, documents etc. set for 7/27/2011 at 4:30 p.m. Plaintiff's counsel are to make arrangements for this call. (ce) |
| Filing 41 Remark - Alexander W. Major, PHV counsel on the Maryland case will not be appearing PHV in the Utah case (per phone call 7/20/2011). (ce) |
| Filing 40 NOTICE OF REQUIREMENTS for appearance phv emailed to attorney G. Stewart Webb, Jr., for Defendant Microsoft (ce) (Additional attachment(s) added on 7/20/2011: # 1 Webb - Email re PHV) (ce). |
| Filing 39 NOTICE OF REQUIREMENTS for appearance phv emailed to attorney Alexander W. Major, for Defendant Microsoft. (ce) (Additional attachment(s) added on 7/20/2011: # 1 Major Email re PHV) (ce). |
| Filing 38 NOTICE OF REQUIREMENTS for appearance phv emailed to attorney Michael Edmund Jacobs, for Plaintiff Novell. (ce) (Additional attachment(s) added on 7/20/2011: # 1 Email re: PHV Application) (ce). |
| Filing 48 Receipt of Order Remanding this case back to Utah from the District of Maryland, case 1:05cv01087JFM and MDL 1332; Dockets and Joint Stipulation Regarding the Record on Remand. Copy of receipt returned to Maryland (ce) |
| Judge J. Frederick Motz added, out-of-circuit judge assignment. Judge Ted Stewart no longer assigned to case. (ce) |
| Filing 37 JOINT STIPULATION REGARDING THE RECORD ON REMAND by Microsoft, Novell. (ce) |
|
Filing 36
ORDER from MDL Panel - Conditional Remand Order signed by Jeffery N. Luthi, Clerk of the MDL Panel on June 30, 2011. (ce)
|
| Filing 35 NOTICE of Designation and Assignment of a Senior United States Judge for Service in Another District. Judge J. Frederick Motz is designated to perform judicial duties in the USDC Utah for this case. (ce) |
| Filing 32 Mail Returned as Undeliverable. Mail sent to Kit A. Pierson. (jmr) |
| Filing 31 RECEIPT re: Cover Letter and Document 20 were received by the District of Maryland on 8/3/07. (jmr) |
| Filing 30 NOTICE OF TRANSMITTAL that additional original document has been transferred to Northern District of Maryland via Federal Express. Document 20 sent. (jmr) |
| Filing 29 NOTICE of Appearance by Maralyn M. Reger on behalf of Novell (Reger, Maralyn) |
| Filing 28 RECEIPT re: MDL Order of Transfer File received by USDC-Baltimore on 5/13/05. (jmr) |
| Filing 27 Notice of transmittal of case transferred to District of Maryland MDL no. 1332 per order no. 26. (jmr) |
| Case closed per order no. 26. (jmr) |
| CASE NO LONGER REFERRED TO Judge Brooke C. Wells (jmr) |
| Filing 26 Transfer Order, transferring case to the District of Maryland in re: Microsoft Corp. Windows Operating Systems Antitrust Litigation MDL no. 1332 signed by Wm Terrell Hodges, Chairman, (jmr) |
| MDL Case transferred to District of Maryland. MDL Dkt No. 1332 (jmr) |
| Filing 25 Reply by Microsoft to response to [18-1] motion to dismiss Novell's Complaint (jmr) |
| Filing 24 Memorandum by Novell in opposition to [18-1] motion to dismiss Novell's Complaint (jmr) |
| Filing 23 Order granting [22-1] motion for leave to file an overlength memopp to Microsoft's Motion to Dismiss signed by Judge Ted Stewart, 2/15/05 cc:atty (jmr) |
| Filing 22 Motion by Novell for leave to file an overlength memopp to Microsoft's Motion to Dismiss (jmr) |
| Filing 21 Motion and Order signed by Judge Ted Stewart, 1/11/05. Granting motion/PHV for Attorney Kit A. Pierson on behalf of defendant Microsoft cc:attys (jmr) |
| Filing 17 Motion and Order signed by Judge Ted Stewart, 1/10/05. Granting motion/PHV for Attorney Joseph J. Reilly on behalf of defendant Microsoft cc:attys. (jmr) |
| Filing 16 Motion and Order signed by Judge Ted Stewart, 1/10/05. Granting motion/PHV for Attorney Robert A. Rosenfeld on behalf of defendant Microsoft cc:attys. (jmr) |
| Filing 15 Motion and Order signed by Judge Ted Stewart, 1/10/05. Granting motion/PHV for Attorney Thomas W. Burt on behalf of defendant Microsoft cc:attys. (jmr) |
| Filing 14 Motion and Order signed by Judge Ted Stewart, 1/10/05. Granting motion/PHV for Attorney David Tulchin, Steven L. Holley, Jennifer L. Murray on behalf of defendant Microsoft cc:attys (jmr) |
| Filing 20 Appendix to [19-1] support memorandum to motion to dismiss filed by Microsoft . (jmr) |
| Filing 19 Memorandum by Microsoft in support of [18-1] motion to dismiss Novell's Complaint (jmr) |
| Filing 18 Motion by Microsoft to dismiss Novell's Complaint (jmr) |
| Filing 13 Response by Novell to [11-1] motion for leave to file oversized memsup to Microsoft's motion to dismiss Novell's Complaint (jmr) |
| Filing 12 Order granting [11-1] motion for leave to file oversized memsup to Microsoft's motion to dismiss Novell's Complaint signed by Judge Ted Stewart, 1/6/05 cc:atty. (jmr) |
| Filing 11 Motion by Microsoft for leave to file oversized memsup to Microsoft's motion to dismiss Novell's Complaint (jmr) |
| Filing 10 Order granting [9-1] Amended Stip to extend time upto 1/7/05 for Microsoft to file motion to dismiss; Novell to file memopp by 2/21/05 and Microsoft to file reply memo by 3/10/05 signed by Judge Ted Stewart, 12/30/04 cc:atty (jmr) |
| Filing 9 Amended Stipulation by Novell, Microsoft Amended Stip to extend time upto 1/7/05 for Microsoft to file motion to dismiss; Novell to file memopp by 2/21/05 and Microsoft to file reply memo by 3/10/05 (jmr) |
| Filing 8 Order granting [7-1] stipulation motion to extend time upto 12/22/04 in which to respond to complaint; Novell shall file memopp by 1/31/05 and Microsoft shall file its reply memo by 2/14/05 answer or response due by 12/22/04 for Microsoft signed by Judge Ted Stewart , 12/8/04 cc:atty (jmr) |
| Filing 7 Stipulation by Novell, Microsoft Stip to extend time upto 12/22/04 in which to respond to complaint (jmr) |
| Filing 6 Order of Reference as authorized by 28 USC 636(b)(1)(A) and the rules of this Court, the above entitled case is referred to the magistrate judge. The magistrate judge is directed to hear and determine any nondispositive pretrial matters pending before the Court. Case referred to Judge Brooke C. Wells. Signed by Judge Ted Stewart on 11/18/04. (jmr) |
| Case referred to magistrate under 28:636(b)(1)(A). (jmr) |
| Filing 5 Motion and Order signed by Judge Ted Stewart, 11/15/04. Granting motion/PHV for Attorney David L. Englehart on behalf of plaintiff Novell cc:attys. (jmr) |
| Filing 4 Acceptance of service as to Microsoft 11/17/04. Answer due on 12/7/04 for Microsoft. (jmr) |
| Filing 3 Motion and Order signed by Judge Ted Stewart, 11/15/04. Granting motion/PHV for Attorney R. Bruce Holcomb, David L. Engelhart, Milton A. Marquis, Jeffrey M. Johnson on behalf of plaintiff Novell cc:attys (jmr) |
| Filing 2 DISCLOSURE STATEMENT Under FRCP 7.1 filed by Novell (ekg) |
| Filing 1 Complaint filed, assigned to Judge Ted Stewart Receipt no.: 4681000165 (ekg) |
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