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SCO's Ex Parte Motion For Leave to File Overlength Memo re Motion to Compel - as text
Saturday, August 28 2004 @ 09:15 PM EDT

Here's SCO's Ex Parte Motion for Leave to File Over-Length Memorandum. This is in connection with their "renewed" motion to compel discovery.

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

Brent O. Hatch (5715)
Mark F. James (5295)
HATCH, JAMES & DODGE
[address, phone, fax]

Robert Silver (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER
[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 The SCO Group, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH

THE SCO GROUP, INC.,

Plaintiff/Counterclaim-
Defendant,


vs.

INTERNATIONAL BUSINESS
MACHINES CORPORATION,

Defendant/Counterclaim-
Plaintiff.
EX PARTE MOTION FOR LEAVE
TO FILE OVER-LENGTH
MEMORANDUM

Civil No. 2:03CV0294 DAK

Honorable Dale A. Kimball

Magistrate Judge Brooke C. Wells

Plaintiff/Counterclaim-Defendant The SCO Group ("SCO") hereby moves the Court pursuant to District Court Rule 7-1(e) for leave to file an overlength Reply Memorandum in Support of Plaintiff/Counterclaim-Defendant SCO's Renewed Motion to Compel.

As SCO must address multiple issues and must explain and place many issues in context for the court, SCO respectfully requests leave to file an over-length memorandum. The argument section of SCO's Reply Memorandum is approximately 16 pages in length. SCO has endeavored to be as concise as possible, but respectfully submits that the excess length is necessary to fully address the issues.

DATED this 26th day of August, 2004.

(signature)
HATCH, JAMES & DODGE, P.C.
Brent O. Hatch
Mark F. James

BOIES, SCHILLER & FLEXNER LLP
Robert Silver, Esq. (admitted pro hac vice)
Stephen N. Zack (admitted pro hac vice)
Mark J. Heise (admitted pro hac vice)

Attorneys for The SCO Group, Inc.


CERTIFICATE OF SERVICE

Plaintiff, The SCO Group, hereby certifies that a true and correct copy of EX PARTE MOTION FOR LEAVE TO FILE OVER-LENGTH MEMORANDUM was served on Defendant International Business Machines Corporation on this 26th day of August, 2004, by U.S. mail, postage prepaid to:

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

Copy to:

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

Donald J. Rosenberg, Esq.
[address]

Attorneys for Defendant/Counterclaim-Plaintiff IBM Corp.

(signature)


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