Here is SCO's Ex Parte Motion for Leave to File Overlength Memorandum as text, thanks to Steve Martin.
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Brent O. Hatch (5715)
HATCH, JAMES & DODGE, PC
[address, phone, fax]
Robert Silver, Esq. (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]
Stephen N. Zack (admitted pro hac vice)
Mark J. Heise (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]
Attorneys for Plaintiff The SCO Group, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
THE SCO GROUP, INC.
Plaintiff/Counterclaim-
Defendant,
vs.
INTERNATIONAL BUSINESS
MACHINES CORPORATION,
Defendant/Counterclaim-
Plaintiff.
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EX PARTE MOTION FOR LEAVE
TO FILE OVERLENGTH
MEMORANDUM
Civil No. 2:03CV0294DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells
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Plaintiff/Counterclaim-Defendant The SCO Group ("SCO") hereby moves the Court
pursuant to District Court Rule 7-1(e) for an Order granting it leave to file a Memorandum in
Support of Plaintiff's Renewed Motion to Compel (the "Memorandum") that consists of 12
pages, exclusive of face sheet, table of contents and exhibits.
SCO's Motion is made upon the grounds that a memorandum of the indicated length is
necessary given International Business Machines Corporation's ("IBM") failure in numerous
respects to comply with the Court's March 3, 2004, Order compelling certain discovery from
IBM
SCO requires two additional pages to set forth in sufficient detail IBM's failures to
comply with the Court's March 3, 2004, Order and SCO's argument concerning why IBM
should be compelled to fully comply with the Order.
SCO has endeavored to be as concise as possible, but respectfully submits that the excess
length is necessary to fully and fairly address the issues being placed before the Court.
SCO respectfully requests that it be allowed to file a Reply Memorandum containing 12
pages, exclusive of face sheet and table of contents.
DATED this 6th day of July, 2004.
By:_______ [signature]_________
HATCH, JAMES & DODGE, P.C.
Brent O. Hatch
Mark R. Clements
BOIES, SCHILLER & FLEXNER LLP
Robert Silver
Stephen N. Zack
Mark J. Heise
Counsel for The SCO Group, Inc.
CERTIFICATE OF SERVICE
Plaintiff, The SCO Group, hereby certifies that a true and correct copy of EX PARTE MOTION FOR LEAVE TO FILE OVERLENGTH MEMORANDUM was served on Defendant International Business Machines Corporation on this 6th day of July, 2004, as follows:
BY HAND DELIVERY:
Alan L. Sullivan, Esq.
Todd M. Shaughnessy, Esq.
Snell & Wilmer L.L.P.
[address]
BY U.S. MAIL:
Evan R. Chesler, Esq.
Cravath, Swaine & Moore LLP
[address}
Donald J. Rosenberg, Esq.
[address]
_______[signature]________
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