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CA Gets Outside-Counsel-Only Confidentiality; and Extensions on Expert Discovery in Novell - updated |
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Thursday, April 19 2007 @ 11:52 PM EDT
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Do you remember Computer Associates mentioning needing a protective order to protect CA's confidential materials before it would agree to submit to Novell's subpoena (not that it wanted to at all)? Well, the parties and CA have stipulated to a second addendum [PDF] to the original protective order in SCO v. Novell whereby CA's confidential materials can be viewed by outside counsel only. I guess that means CA will do the deposition and turn over the documents Novell asked for. It only took around four months to achieve. You can see the details in the Second Stipulated Addendum to Protective Order [PDF]. There was a first addendum to the protective order in March, for the benefit of IBM, you'll recall. The terms for CA's protection are identical to those IBM got, except that they apply to both parties, Novell and SCO. Only outside counsel for the parties can view CA's confidential materials. No doubt that means we don't get to see any of it, unless someone refers to it at a hearing, attaches it as an exhibit to a filing, leaks it by poor PDF control or whispers it to a friendly journalist or whatever. Like that would ever happen. Who'd do a thing like that?
Seriously, I think one can comprehend a little paranoia about confidentiality in the SCO litigation, given the history in the IBM case, and I'm not sure even outside counsel can be relied on. But the point is, CA negotiated for its privacy and wouldn't agree to the subpoena without the protection, and it's now entitled to it, so that's the result of the tug of war, and we'll respect it here at Groklaw. I think CA could have gotten it without a struggle, actually. It's quite normal to provide protection of that kind. The tug of war was more about not wanting to do the deposition or turn over documents at all, if possible.
And SCO and Novell have also agreed to give each other two more weeks for all expert discovery deadlines [PDF]. There could be a connection, of course, since Novell wanted to depose CA and get some documents, and likely they want their experts to dig a little into that pile of information. If so, then it would indicate to me that probably the deposition of CA will happen shortly. [Update: To refresh our memories as to topics that might come up, you might want to reread this article on CA's SCOsource license and various connections.] The change in dates in no way alters the trial date, which is still set for September. Wow. September. That's only a few months away. Can it really be -- a light at the end of the tunnel at last? **********************************
MORRISON & FOERSTER
LLP Michael A. Jacobs, pro hac vice
Kenneth W. Brakebill, pro hac vice
[address, phone, fax]
ANDERSON & KARRENBERG
Thomas R. Karrenberg, #3726
John P. Mullen, #4097
Heather M. Sneddon, #9520
[address, phone, fax]
Attorneys for Novell, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH |
THE SCO GROUP, INC., a Delaware
corporation,
Plaintiff/Counterclaim-Defendant,
vs.
NOVELL, INC., a Delaware corporation,
Defendant/Counterclaim-Plaintiff. |
STIPULATION AND JOINT
MOTION FOR ENTRY OF SECOND
STIPULATED ADDENDUM TO
PROTECTIVE ORDER
Case No. 2:04CV00139
Judge Dale A. Kimball
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Plaintiff and Counterclaim-Defendant The SCO Group, Inc. and Defendant and Counterclaim-Plaintiff Novell, Inc., pursuant to Federal Rule of Civil Procedure 26(c), hereby stipulate to and jointly move the Court for entry of the attached Second Stipulated Addendum to Protective Order in this matter, to provide for the production in this litigation of certain confidential information by third-party CA, Inc.
Dated: April 19, 2007
BOIES, SCHILLER & FLEXNER LLP
By: /s/ Edward J. Normand
(Signed copy of document bearing
signature of Edward J. Normand is being
maintained in the office of filing attorney)
Attorneys for The SCO Group, Inc.
[address]
ANDERSON & KARRENBERG
By: /s/ Heather M. Sneddon
Attorneys for Novell, Inc.
[address]
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19th day of April, 2007, I caused a true and correct copy of the foregoing STIPULATION AND JOINT MOTION FOR ENTRY OF SECOND STIPULATED ADDENDUM TO PROTECTIVE ORDER to be served to the following:
Via CM/ECF:
Brent O. Hatch Mark F. James HATCH JAMES & DODGE, P.C. [address]
Stuart H. Singer William T. Dzurilla Sashi Bach Boruchow BOIES, SCHILLER & FLEXNER LLP [address]
David Boies Edward J. Normand BOIES, SCHILLER & FLEXNER LLP [address]
Devan V. Padmanabhan John J. Brogan DORSEY & WHITNEY, LLP [address]
Via U.S. Mail, postage prepaid: Stephen Neal Zack BOIES, SCHILLER & FLEXNER LLP
[address]
/s/ Heather M. Sneddon
3
*****************************
MORRISON & FOERSTER
LLP Michael A. Jacobs, pro hac vice
Kenneth W. Brakebill, pro hac vice
[address, phone, fax]
ANDERSON & KARRENBERG
Thomas R. Karrenberg, #3726
John P. Mullen, #4097
Heather M. Sneddon, #9520
[address, phone, fax]
Attorneys for Novell, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH |
THE SCO GROUP, INC., a Delaware
corporation,
Plaintiff and Counterclaim-Defendant,
vs.
NOVELL, INC., a Delaware corporation,
Defendant and Counterclaim-Plaintiff. |
SECOND STIPULATED ADDENDUM TO PROTECTIVE ORDER
Case No. 2:04CV00139
Judge Dale A. Kimball
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WHEREAS, on August 1, 2006, this Court entered a Stipulated Protective Order ("Protective Order");
WHEREAS, Novell, Inc. has requested that third-party CA, Inc. (formerly Computer Associates International) produce documents in response to a subpoena issued on February 1, 2007;
WHEREAS, CA, Inc. will consent to such production provided the parties execute an addendum to the Protective Order allowing for the designation of CA, Inc.'s confidential and proprietary material as Outside Counsels' Eyes Only;
IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff/CounterclaimDefendant The SCO Group, Inc. and Defendant/Counterclaim-Plaintiff Novell, Inc. that the Protective Order shall be amended as follows, subject to the approval of the Court:
CA, Inc. may designate as Outside Counsels' Eyes Only those documents that could otherwise have been designated as Confidential under the Protective Order. Such material is entitled to the protections afforded by the Protective Order to the parties' Confidential material, with the following modifications:
i. "In-house counsel" is excised from the persons to whom disclosure is permitted under Protective Order paragraph 4(a).
ii. Disclosure is not permitted to the persons described in Protective Order paragraph 4(b).
iii. The Protective Order paragraph 8(a) designation for Outside Counsels' Eyes Only material shall be "Confidential - OUTSIDE COUNSELS' EYES ONLY Subject to Protective Order, SCO v. Novell, Civil Case No. 2:04CV00139 DAK."
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STIPULATION
Dated: April 19, 2007
BOIES, SCHILLER & FLEXNER LLP
By: /s/ Edward J. Normand
(Signed copy of document bearing signature of Edward J. Normand is being
maintained in the office of filing attorney)
Attorneys for The SCO Group, Inc.
[address]
ANDERSON & KARRENBERG
By: /s/ Heather M. Sneddon
Attorneys for Novell, Inc.
[address]
ORDER
DATED:_________________
______________________
Hon. Dale A. Kimball United States District Court Judge
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*****************************
MORRISON & FOERSTER
LLP Michael A. Jacobs, pro hac vice
Kenneth W. Brakebill, pro hac vice
[address, phone, fax]
ANDERSON & KARRENBERG
Thomas R. Karrenberg, #3726
John P. Mullen, #4097
Heather M. Sneddon, #9520
[address, phone, fax]
Attorneys for Novell, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH |
THE SCO GROUP, INC., a Delaware
corporation,
Plaintiff and Counterclaim-
Defendant,
vs.
NOVELL, INC., a Delaware corporation,
Defendant and Counterclaim-
Plaintiff. |
STIPULATION AND JOINT MOTION
TO EXTEND ALL EXPERT
DISCOVERY DEADLINES
Case No. 2:04CV00139
Judge Dale A. Kimball
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Plaintiff and Counterclaim-Defendant The SCO Group, Inc., through its undersigned counsel, and Defendant and Counterclaim-Plaintiff Novell, Inc., through its undersigned counsel, hereby stipulate and jointly move the Court to extend all expert discovery deadlines by two weeks as follows:
(a) The deadline for parties bearing the burden of proof on issues to designate and submit the reports of its expert witnesses on those issues, if any, shall be extended to May 14, 2007.
(b) The deadline for submitting any opposing expert reports shall be extended to June 11, 2007.
(c) The deadline for submitting any rebuttal expert reports shall be extended to June 26, 2007.
(d) Expert depositions shall commence no earlier than July 2, 2007, and shall be completed by July 10, 2007. All expert depositions will be taken where the expert resides, unless otherwise agreed.
The September 17, 2007 trial date shall not change.
DATED: April 19, 2007
ANDERSON & KARRENBERG
/s/ Heather M. Sneddon
Thomas R. Karrenberg John P. Mullen Heather M. Sneddon Attorneys for Novell, Inc.
DATED: April 19, 2007
BOIES, SCHILLER & FLEXNER LLP
/s/ Edward J. Normand
(Signed by filing attorney with permission of
Edward J. Normand)
Edward J. Normand
Attorneys for The SCO Group, Inc.
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 19th day of April, 2007, I caused a true and correct copy of the foregoing STIPULATION AND JOINT MOTION TO EXTEND ALL EXPERT DISCOVERY DEADLINES to be served to the following:
Via CM/ECF:
Brent O. Hatch Mark F. James HATCH JAMES & DODGE, P.C. [address]
Stuart H. Singer William T. Dzurilla Sashi Bach Boruchow BOIES, SCHILLER & FLEXNER LLP [address]
David Boies Edward J. Normand BOIES, SCHILLER & FLEXNER LLP [address]
Devan V. Padmanabhan John J. Brogan DORSEY & WHITNEY, LLP [address]
Via U.S. Mail, postage prepaid: Stephen Neal Zack BOIES, SCHILLER & FLEXNER LLP
[address]
/s/ Heather M. Sneddon
3
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Authored by: Anonymous on Friday, April 20 2007 @ 12:13 AM EDT |
Should any be needed.
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--Bill P, not a lawyer. Question the answers, especially if I give some.[ Reply to This | # ]
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Authored by: Anonymous on Friday, April 20 2007 @ 12:15 AM EDT |
Preferably with clickies.
---
--Bill P, not a lawyer. Question the answers, especially if I give some.[ Reply to This | # ]
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- SCO honcho: It's time to ban free Wi-Fi - Authored by: Anonymous on Friday, April 20 2007 @ 12:44 AM EDT
- Deeper Consistency - Authored by: Morosoph on Friday, April 20 2007 @ 03:01 AM EDT
- SCO honcho: It's time to ban free Wi-Fi - Authored by: Anonymous on Friday, April 20 2007 @ 03:30 AM EDT
- SCO honcho: It's time to ban free Wi-Fi - Authored by: Gosev on Friday, April 20 2007 @ 07:50 AM EDT
- SCO honcho: It's time to ban free Wi-Fi - Authored by: tiger99 on Friday, April 20 2007 @ 08:12 AM EDT
- ban free Wi-Fi: olbligatory response - Authored by: Griffin3 on Friday, April 20 2007 @ 09:10 AM EDT
- Tertiary source, opinion or news? Proper citations added. - Authored by: Aladdin Sane on Friday, April 20 2007 @ 10:36 AM EDT
- You posted the entire article - Authored by: artp on Friday, April 20 2007 @ 12:40 PM EDT
- I can think of only one explanation for this.... - Authored by: Jude on Friday, April 20 2007 @ 08:28 PM EDT
- Federal preemption re SCO honcho: It's time to ban free Wi-Fi - Authored by: Anonymous on Saturday, April 21 2007 @ 10:02 AM EDT
- Apple's best advertisement? Vista :) - Authored by: MDT on Friday, April 20 2007 @ 12:56 AM EDT
- Lots of Hands in the Cookie Jar! PJ, any interest in covering this case too? - Authored by: MDT on Friday, April 20 2007 @ 12:59 AM EDT
- Jack Thompson Muzzled (for now, at least, and only against Take-Two, but it's a start) - Authored by: MDT on Friday, April 20 2007 @ 01:07 AM EDT
- Off Topic - Authored by: kozmcrae on Friday, April 20 2007 @ 01:11 AM EDT
- Microsoft's latest brain(dead) scam - Authored by: Anonymous on Friday, April 20 2007 @ 01:33 AM EDT
- Microsoft's latest brain(dead) scam - Authored by: skip on Friday, April 20 2007 @ 01:59 AM EDT
- Microsoft's latest brain(dead) scam - Authored by: luvr on Friday, April 20 2007 @ 02:51 AM EDT
- Three answers - Authored by: Peter Baker on Friday, April 20 2007 @ 04:06 AM EDT
- Three answers - Authored by: Jude on Friday, April 20 2007 @ 06:20 AM EDT
- Three answers - Authored by: Anonymous on Friday, April 20 2007 @ 06:30 AM EDT
- Three answers - Authored by: Anonymous on Friday, April 20 2007 @ 09:25 AM EDT
- Microsoft's latest brain(dead) scam - Authored by: jplatt39 on Friday, April 20 2007 @ 06:44 AM EDT
- Anyone care to bet on .... - Authored by: Jude on Friday, April 20 2007 @ 10:48 AM EDT
- Microsoft's latest brain(dead) scam - Authored by: LouS on Friday, April 20 2007 @ 11:04 AM EDT
- Microsoft's latest brain(dead) scam - Authored by: Weeble on Friday, April 20 2007 @ 11:21 AM EDT
- Microsoft's latest brain(dead) scam - Authored by: Anonymous on Friday, April 20 2007 @ 11:44 AM EDT
- It's totally meaningless - Authored by: Anonymous on Friday, April 20 2007 @ 01:11 PM EDT
- Nigeria not Somalia - Authored by: argee on Saturday, April 21 2007 @ 01:58 AM EDT
- NO!!! - Authored by: jplatt39 on Saturday, April 21 2007 @ 07:31 AM EDT
- Charlie's work - Authored by: Anonymous on Friday, April 20 2007 @ 02:41 AM EDT
- it is politics - Authored by: Anonymous on Friday, April 20 2007 @ 07:18 AM EDT
- Computer translation messes up again - Authored by: Anonymous on Friday, April 20 2007 @ 06:35 AM EDT
- Brce Schneier on lemons - Authored by: PolR on Friday, April 20 2007 @ 08:09 AM EDT
- SCO, Partners to Give UNIX Apps GUI Feel - Authored by: bjnord on Friday, April 20 2007 @ 10:28 AM EDT
- Nostalgia: Gates and the Blue Screen of Death - Authored by: jplatt39 on Friday, April 20 2007 @ 10:39 AM EDT
- Off Topic - SuSE - Authored by: Anonymous on Friday, April 20 2007 @ 11:19 AM EDT
- Hills Pet Food aka Science Diet - Authored by: Fray on Friday, April 20 2007 @ 11:37 AM EDT
- One of the largest torent boards linux numbers by distro - Authored by: Anonymous on Friday, April 20 2007 @ 12:34 PM EDT
- Still expecting PSJ rulings? - Authored by: Anonymous on Friday, April 20 2007 @ 02:12 PM EDT
- Judge found Guilty of bribing (State Supreme Court Justice to boot) - Authored by: MDT on Friday, April 20 2007 @ 03:06 PM EDT
- SCOX creeping up. Now @$0.96. PAINTBLASTER showing it's hand?? Only 3 days left to pump it n/t - Authored by: SirHumphrey on Friday, April 20 2007 @ 06:19 PM EDT
- EPIC, CDD, & PIRG complain about Google + DoubleClick - Authored by: SpaceLifeForm on Friday, April 20 2007 @ 07:50 PM EDT
- Digital copyright protection: a govt asks citizens - Authored by: barbacana on Saturday, April 21 2007 @ 02:43 AM EDT
- IBM's latest authority - Humpty Dumpty - Authored by: jmc on Saturday, April 21 2007 @ 04:52 AM EDT
- RUns Linux - Any Nokia N800 reactions (saw some buying this a few articles back)? - Authored by: Anonymous on Saturday, April 21 2007 @ 06:44 AM EDT
- MS Hit With Patent Suit Over .Net - Authored by: maz2331 on Saturday, April 21 2007 @ 10:53 AM EDT
- Mint Update - Authored by: Anonymous on Saturday, April 21 2007 @ 11:19 AM EDT
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Authored by: Anonymous on Friday, April 20 2007 @ 12:36 AM EDT |
As Wiley Coyote could testify - it's a train.
Gotta love those Warner Brothers tunes - best animated stuff ever done.
[ Reply to This | # ]
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Authored by: kawabago on Friday, April 20 2007 @ 12:38 AM EDT |
Like why did a technology consulting company pay all that money for something
SCO doesn't even own? It doesn't make them look like they could give good
advice and this is the second time CA has made itself look bad in my eyes. I'm
really beginning to wonder how they stay in business at all, they just don't
seem to be very smart.[ Reply to This | # ]
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Authored by: Anonymous on Friday, April 20 2007 @ 01:02 AM EDT |
It's times like this I wish my favourite IT litigation news source really
[i]was[/i] an
IBM propaganda conspiracy - that way perhaps we could be sure of getting the
juicy bits via a brown envelope.
A trial in September? Maybe. I'm sure SCO's lawyers are presently hard at work
coming up with some reason to delay the inevitable.[ Reply to This | # ]
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Authored by: Anonymous on Friday, April 20 2007 @ 01:28 AM EDT |
IANAL so I have a few questions rattling around in my mind...
1) My understanding of the progression of litigation is that it is usual for
PSJs to be decided well in advance of the trial date such that neither party is
prejudiced as to the preparation for the eventual ajudication in a court of law.
Given this and the fact of the impending deadline (if we accept this to be
immobile)...
How soon is it to be reasonably expected to hear from the judge on PSJs?
Further, is there a deadline at which legal case history has established a
standard where delay on the part of the court is said to be prejudicial to the
prompt exececution to the case or to the preparation of the parties' counsel?
2) In a case like this where there is a For Outside Counsel Eyes Only protective
order, taking the hypothetical of the external counsel locating specific and
relevant evidence, how does this order affect the trial preparation by counsel?
Lets say that the external counsel for SCO finds something of interest in the
submitted materials.
How can that information be communicated to internal counsel for trial
preparation without compromising the security of the information or risking a
contept proceeding by potentially violating court orders?
If there is an accepted mechanism for this, then does this really provide
additional security insofar as located material or is this specifically and
exclusively so that the parties to the case are specifically excluded (in intent
anyway) from perusing the proferred documentation at will for improper business
advantage?
3) Can someone point me at specific documented evidence that would indicate a
strong basis for technical logic or any kind of offered explanation as to CA's
actions in accepting/purchasing/etc a SCOSource license when they did so? PR?
News Clips? (Verified) Blogs from [insert CA bigshot name here]?
---
Clocks
"Ita erat quando hic adveni."[ Reply to This | # ]
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Authored by: Anonymous on Friday, April 20 2007 @ 02:00 AM EDT |
Somehow I doubt it. [ Reply to This | # ]
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Authored by: larsmjoh on Friday, April 20 2007 @ 02:56 AM EDT |
"He´d been wrong, there was a light at the end of the tunnel, and it
was a flamethrower."
Terry Pratchett - Mort --- Lars
"Do not try to think outside of the box. That's impossible.
Instead, realise the truth. There is no box." [ Reply to This | # ]
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Authored by: mcinsand on Friday, April 20 2007 @ 08:03 AM EDT |
After over 17 years of working with various corporate lawyers of various
companies, I have never met any attorney that would even think of permitting the
activities that BSF have conducted. The more I think about it, the more firmly
convinced that BSF are behind the endless delays (although, in this particular
case, the delays may actually be in the interest of firming up a case, rather
than dragging this mess out). Just think about the motives...
Letting this drag out only adds to the publicity of SCOX's incompetence, but
they at least have their counsel to blame for the actions. 'Gee, Mr. Judge, we
only acted under BSF's advice.' However, after following this case for a few
years, I am convinced that an unrealistic best-case scenario for BSF is to be
disbarred. Again, that is an unrealistic best-case scenario.
Should SCOX go bankrupt, I will be shocked (Shocked, I tell you!) if more than a
week passes before the bankruptcy trustees file a malpractice suit against BSF.
Competent, ethical attorneys would have told SCOX to take a hike once the
extortion scam became obvious. Through BSF's actions, complicity, and counsel,
SCOX's chance of any kind of a future have been thoroughly squandered.
So, BSF will take any means necessary to stave off the conclusion of these
cases, inevitable though they may be. No doubt, this also means putting off
SCOX's bankruptcy as long as possible, too.[ Reply to This | # ]
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