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Novell Gives SCO More Time To File a Memorandum
Tuesday, March 02 2004 @ 04:45 PM EST

UPDATED: The order has been signed by Judge Kimball. SCO has until March 5. The Order is at the end of the original story, following the Stipulation. Notice that Judge Kimball is apparently accepting the assignment to be the judge assigned to the Novell matter. His order is based on the stipulation of the parties. If the parties agree, the judge normally does go along with their stipulation.

_____________________________________________________

ORIGINAL STORY:
It looks like Novell's attorneys are no dopes. SCO asked for more time to file a memo in opposition to Novell's Motion to Dismiss, and Novell said OK, on one condition: SCO can't file any other papers until it files this memorandum.

They maybe have observed a pattern in Delaware, eh? Here's what the court docket says:

2/27/04 9 Stipulation by SCO Grp, Novell Inc stipulated to extend time for SCO to file a memo in opposition to Novell's motion to dismiss up to and including 3/5/04. SCO will not file any further pleadings in the matter until it files its opposition memo. (blk) [Entry date 03/01/04]

******************************

Brent O. Hatch (5715)
Mark R. Clements (7172)
HATCH, JAMES & DODGE, P.C.
[address, phone, fax]

Stephen N. Zack (pro hac vice)
Mark J. Heise (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.,
a Delaware corporation,

Plaintiff,

vs.

NOVELL, INC., a Delaware corporation,

Defendant.
___________________________

STIPULATION

Civil No.: 2:04CV00139
Judge Dale A. Kimball
__________________________

Plaintiff The SCO Group ("SCO"), by and through counsel, and Defendant Novell, Inc., by and through counsel, hereby stipulate that SCO may have up to and including March 5, 2004 in which to file a memorandum in opposition to Novell's Motion to Dismiss. The parties further stipulate that SCO will not file any further pleadings in the matter until it files its opposition memorandum as set forth herein.

DATED this 27th day of February, 2004.

BY: ____[signature]__________
HATCH JAMES & DODGE
Brent O. Hatch
Mark R. Clements
Attorneys for Plaintiff

BY: ___[signature]__________
ANDERSON & KARRENBERG
John P. Mullen
Attorneys for Defendant



***************************************

UPDATE: Here is the Court Order, based on the stipulation.

_________________________________

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
_________________________________

THE SCO GROUP, INC.,
a Delaware corporation,

Plaintiff,

vs.

NOVELL, INC., a Delaware corporation,

Defendant.
___________________________

STIPULATION

Civil No.: 2:04CV00139
Judge Dale A. Kimball
__________________________

Based upon the stipulation of the parties and good cause appearing,

IT IS HEREBY ORDERED that Defendant The SCO Group, Inc. may have up to and including March 5, 2004 in which to file a memorandum in opposition to Defendant's Motion to Dismiss.

DATED this 1st day of March, 2004.

BY: _________[signature]_______

Honorable Dale A. Kimball
United States District Court Judge

Approved as to form:

By:_______[signature]_______
ANDERSON & KARRENBERG
Thomas R. Karrenberg
John P. Mullen
Attorneys for Defendant

_____________________________

United States District Court
for the
District of Utah
March 2, 2004

* * CERTIFICATE OF SERVICE OF CLERK * *

Re: 2:04-cv-00139

True and correct copies of the attached were either mailed, faxed or e-mailed by the clerk to the following:

Brent O. Hatch, Esq.
HATCH JAMES & DODGE
[address]

Mr. Kevin P. McBride, Esq.
[address]

Stephen Neal Zack, Esq.
BOIES, SCHILLER & FLEXNER
[address]

Mr. Thomas R. Karrenberg, Esq.
ANDERSON & KARRENBERG
[address]

Mr. John P. Mullen, Esq.
ANDERSON & KARRENBERG
[address]

Heather N. Sneddon, Esq.
ANDERSON & KARRENBERG
[address]

Paul Goldstein, Esq.
[address]

Michael A. Jacobs, Esq.
MORRISON & FOERSTER LLP
[address]

Matthew I. Kreeger, Esq.
MORRISOn & FOERSTER LLP
[address]

Jim F. Lundberg, Esq.
NOVELL INC.
[address]







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