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Novell and SCO File Shortened Witness and Exhibit Lists - Updated
Thursday, August 23 2007 @ 12:57 AM EDT

Novell and SCO have each filed amended Rule 26 pretrial disclosures, the lists of witnesses they plan to call and exhibits they plan to use. Obviously, the August 10th ruling by Hon. Dale Kimball shortens both considerably, in that there is less Novell has to prove, and SCO is mainly in defensive mode now.

The first thing I notice is that SCO won't be calling Ralph Yarro or Maureen O'Gara after all. Aww.

No Chris Stone either. The poor guy got smeared by O'Gara and SCO, and now he can't have his moment in court to clear it up. Well, if he wants to say something to Groklaw now or down the road ever, Groklaw is here. And just to remind the world, here's what Jack Messman, then CEO of Novell, wrote in a letter dated June 18, 2003 to SCO's CEO, Darl McBride, regarding Ms. O'Gara's report:

On the specific claim regarding the timing of our copyright ownership announcement, the matter was entirely coincidental. We had absolutely no intention of timing the May 28 statement so as to affect the reception of your announcement.

We also have spoken with Chris Stone, who you said had given contrary indications to a reporter. Chris has made absolutely clear that he never suggested such a linkage to the reporter. On this issue, it seems as if the best explanation is that the reporter linked the two events without prompting from Novell.

Darl McBride made the cut, though, and will still appear for SCO. Novell has him on its list too, so I guess that makes him the star of the show, and Novell also lists his faithful sidekick Chris Sontag of SCOsource fame, and famous leaked memo writer Michael Anderer is on the list too. No escape for Sandy Gupta. He's still on the list. Jeff Hunsaker too. SCO has added Bert Young to its witness list, and also Jay Petersen. It dropped Christine Botosan and Gary Pisano, two of its experts, and Ty Mattingly, Jack Messman, Doug Michels, Alok Mohan, and David Bradford.

Here is the Docket entry:

380 - Filed & Entered: 08/22/2007
Witness List(Proposed)
Docket Text: Proposed Witness List and Exhibit List (Novell's First Amended Rule 26 Pretrial Disclosures) by Novell, Inc.. (Attachments: # (1) Exhibit A-1, A-2, B and C)(Sneddon, Heather)

381 - Filed & Entered: 08/22/2007
Exhibit List(Proposed)
Docket Text: Proposed Exhibit List and Witness List (Rule 26 Pretrial Disclosures) SECOND AMENDED by Plaintiff SCO Group. (Normand, Edward)

If you would like to compare this with SCO's previous list, here it is, and here's the first attempt, along with Novell's first version.

Novell has added some new exhibits as Exhibit C, but it says that about 3/4s of them are "material that Novell only intends to use in the event SCO advances any new theory of SCOsource revenue apportionment." They know them quite well by now, I see. Also Novell informs the court that it intends to bring a motion for a bench trial. The parties, it says, are still meetin' and conferrin' regarding "certain outstanding discovery issues" as well as "possibilities for further narrowing of the scope of trial." That sounds like they are discussing settling certain things without the need to try them before a judge or a jury, even if no settlement in general is possible.

Update: Novell has filed 5 new exhibits in a Second Amended Rule 26 Pretrial Disclosures filing. In all other respects, it appears to be identical to the earlier filing.


  


Novell and SCO File Shortened Witness and Exhibit Lists - Updated | 425 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
The corrections thread
Authored by: Aladdin Sane on Thursday, August 23 2007 @ 01:46 AM EDT
Any mistakes you find in the main article can be noted by replying to this comment.

An indication of the nature of the correction placed in the title is greatly appreciated.

---
Free minds, Free software

[ Reply to This | # ]

Off Topic
Authored by: BobinAlaska on Thursday, August 23 2007 @ 01:46 AM EDT
Make clickies please. See instructions below the box.

---
Bob Helm, Juneau, Alaska

[ Reply to This | # ]

[NP] News Picks discussion thread
Authored by: Aladdin Sane on Thursday, August 23 2007 @ 01:55 AM EDT
Comments on Groklaw's News Picks (NP) can be placed here.

Please put the title of the NP story in your comment title, so we know what you are referring to!

---
Free minds, Free software

[ Reply to This | # ]

Cowboy McBride
Authored by: Anonymous on Thursday, August 23 2007 @ 02:04 AM EDT
All hat, no cattle & a bunch of bull.

Maybe he can elaborate on cattle rustlin' for us al'

[ Reply to This | # ]

What's a bench trial?
Authored by: Anonymous on Thursday, August 23 2007 @ 02:44 AM EDT

Also Novell informs the court that it intends to bring a motion for a bench trial.

[ Reply to This | # ]

One thing I'd like to hear the judge say to Darl McBride...
Authored by: kawabago on Thursday, August 23 2007 @ 03:31 AM EDT
Will the defendant please rise.

[ Reply to This | # ]

i'll miss maureen :(
Authored by: Anonymous on Thursday, August 23 2007 @ 06:02 AM EDT
Being a longtime mog fan, i'll miss her public humilitation.

[ Reply to This | # ]

But what items are going to trial?
Authored by: elderlycynic on Thursday, August 23 2007 @ 06:26 AM EDT
My understanding is that SCO and Novell have differed on their
interpretation of which items are left open by the partial summary
judgement, and therefore there will have to be a ruling from the
bench on the matter. I assume that Kimball is delaying, with the
intent of encouraging them to settle without him having to step in.

But he assuredly is going to have to decide if they don't; when
is that likely to happen?

[ Reply to This | # ]

Maureen O'Gara - and the summary judgement.
Authored by: Thomas Downing on Thursday, August 23 2007 @ 07:20 AM EDT
I remember that in Judge Kimball's ruling, he said
something to the effect that there was no evidence to
indicate that Novell's claim to the UNIX copyrights was
motivated by a desire to harm SCOG.

As MOG deposed that in fact it was due to a desire harm
SCOG, and her deposition was in the record, I took that to
mean that Judge Kimball decided that her testimony was
inadmissable.

Now who would've guessed that?

---
Thomas Downing
Principal Member Technical Staff
IPC Information Systems, Inc.

[ Reply to This | # ]

Witness preparation
Authored by: Anonymous on Thursday, August 23 2007 @ 09:33 AM EDT
Can someone comment on the sort of witness preparation Darl might be going
through with BS&F before taking the stand?

I can imagine that it might put a whole lot more pressure on Darl/SCO to settle
at any cost when Darl realizes exactly how messy his past actions have been.

[ Reply to This | # ]

Jury Trial
Authored by: Anonymous on Thursday, August 23 2007 @ 10:28 PM EDT

Is a Jury Trial in SCO's interest? If SCO insists on a Jury trial, is it possible that Novell will be awarded an even larger sum in damages?

[ Reply to This | # ]

How many motions?
Authored by: elderlycynic on Friday, August 24 2007 @ 09:42 AM EDT
We really should have a sweepstake on the number of motions
in limine submitted today :-) My guess is 5.

[ Reply to This | # ]

DateLine: Lindon Utah 20071224
Authored by: LaurenceTux on Friday, August 24 2007 @ 02:17 PM EDT
<center> The SCO Group to be renamed Caldera </center>

Today in a prepared statement the new executive officers reported that
"Due to the result of the Civil and Criminal cases it was decided to return
to the Caldera name. We also will be moving to Raliegh North Carolina to be
closer to a source of new workers. The remaining workers will be relocated with
the small amount of assets we have left.
Please search E-Bay for a great many deals by users NVL120 -NVL500 Our former
location has a Buy It Now price of 1.5 million (with out furnishings) Thank You
for your time we will see you in NC"

[ Reply to This | # ]
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