Judge Wells has denied SCO's Expedited Motion for Protective Order, in which it asked that three depositions be postponed. There was a telephone conference and the docket entry says this:
"Court hears arguments and DENIES the motion due to lateness of the objection and inconvenience to the parties scheduled for deposition."
So much for SCO's "Let them just go to work instead of to the deposition" breeziness. They lost. No delay. IBM's arguments won the day.
Here* is the Docket Entry of the telephone conference, oh ye of little faith in our courts.
So, the deposition of Mr. Wilson, who executed the 1985 IBM-AT&T agreement for AT&T and David Frasure, also an AT&T employee, and David Rodgers, who was at Sequent, will go forward as scheduled. Frasure was actually scheduled for Tuesday the 8th. Mr. Wilson and Mr. Rodgers are scheduled for June 10. BayStar was postponed on IBM's consent. We expect some swordplay on that one.
*Note it may take a few minutes for the PDF to be available on ibiblio's servers. I just couldn't wait to tell you.
MINUTES OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
JUDGE: Hon. Brooke Wells
DATE: June 7, 2004
CASE NO. 2:03CV294DAK
SCO vs. IBM
COURT REPORTER: n/a
COURTROOM DEPUTY: n/a
TAPE # n/a
LOG # n/a
Approved By: ___________
APPEARANCE OF COUNSEL
Pla Brent Hatch
Dft Todd Shaughnessy
MATTER SET: Telephone Conference
Counsel for both parties contact the Court by telepone re: expedited motion for protective order (d.e. #168). Court hears arguments and DENIES the motion due to lateness of the objection and inconvenience to the parties already scheduled for deposition. Counsel for defendant is to prepare an order.
Case Title: 2:03CV294DAK, SCO v. IBM