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SCO's Ex Parte Motion For Leave to File Overlength Memorandum
Wednesday, June 02 2004 @ 08:14 PM EDT

Here is SCO's Ex Parte Motion for Leave to File Overlength Memorandum. They are asking the judge to allow them to file a 20-page document, which is longer than what is allowed. They need to be overly long, because IBM made certain "mischaracterizations" about SCO's conduct and public statements in their Memorandum in Opposition to SCO's Opening Memorandum, in which SCO asked more time be tacked on to the scheduling order.

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

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

Robert Silver, Esq. (pro hac vice pending)
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

____________________________

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

___________________________

THE SCO GROUP, INC.,

Plaintiff,

v.

INTERNATIONAL BUSINESS
MACHINES CORPORATION,

Defendant.

_________________________

EX PARTE MOTION FOR LEAVE TO
FILE OVERLENGTH MEMORANDUM

Case No. 2:03CV0294DAK

Judge Dale A. Kimball
Magistrate Judge Brooke C. Wells.

________________________

Plaintiff/Counterclaim-Defendant The SCO Group ("SCO") hereby moves the Court pursuant to District Court Rule 7-I(e) for leave to file an over-length reply memorandum in support of SCO's Motion to Amend the Scheduling Order.

SCO's Opening Memorandum set forth in detail the reasons why the scheduling order in this highly technical case should be amended to provide for a discovery plan that deals with the substantial practical problems and issues that have arisen. In its sixteen page opposition to SCO's motion, International Business Machines Corporation ("IBM") makes numerous mischaracterizations of SCO's discovery conduct in this action and SCO's theories of the case. In addition, IBM mischaracterizes public statements made by SCO about the case and about the status of discovery generally. To respond to IBM's attempts to mischaracterize the actions and statements of SCO, SCO has been required to discuss in detail the factual record in order to demonstrate how the record contradicts IBM's claims.

SCO's Reply memorandum is up to 20 pages long, exclusive of face sheet and any table of contents. SCO has endeavored to be as concise as possible, but respectfully submits that the excess length is necessary for a full and fair reply to IBM's opposition.

SCO respectfully requests that it be allowed to file a Reply Memorandum up to 20 pages long, exclusive of face sheet and table of contents.

DATED this the 28th day of May, 2004.

HATCH, JAMES & DODGE

BY: ___[signature]________
Brent O. Hatch
Mark R. Clemens

Attorneys for The SCO Group, Inc.


CERTIFICATE OF SERVICE

I hereby certify that I caused a true and correct copy of the foregoing Ex Parte Motion for Leave to File Overlength Memorandum to be placerd in the US Mail first class postage prepaid on the 28th day of May, 2004, to the following:

Donald J. Rosenberg, Esq.
[address]

Evan R. Chesler, Esq.
Cravath, Swaine & Moore LLP
[address]

Alan L. Sullivan, Esq.
Todd Shaughnessy, Esq.
Snell & Wilmer L.L.P.
[address, email]

________[signature]_________


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