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Order re rescheduling in SCO v. IBM
Saturday, September 11 2004 @ 03:30 AM EDT

Here's Judge Wells' Order regarding rescheduling.

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

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

_________________________

The SCO Group, Inc.,

Plaintiff/Counterclaim-Defendant ,

v.

INTERNATIONAL BUSINESS MACHINES CORP.

Defendant/Counterclaim-Plaintiff.

_________________________

ORDER GRANTING IBM'S EX PARTE MOTION FOR LEAVE TO
FILE A RESPONSE TO SCO'S SUPPLEMENTAL MEMORANDUM
REGARDING DISCOVERY AND STRIKING HEARING DATE

Case No. 2:03cv00294 DK

Judge Dale A. Kimball

Magistrate Judge Brooke C. Wells

________________________

On September 3, 2004, the court granted SCO Group's ex parte
motion for leave to file a supplemental memoranda regarding discovery. See Docket no. 270. On September 8, 2004, IBM filed an ex parte motion for leave to file a response to SCO's supplemental memorandum regarding discovery. Coupled with this motion is IBM's request to continue the motion hearing set for September 14, 2004 to allow the filing of a response.

The court HEREBY GRANTS IBM's motion. IBM will have until September 24, 2004 to file a response to SCO Group's supplemental memoranda regarding discovery. SCO Group will then have until October 1, 2004 to file a reply if warranted. No further briefing will then be permitted by the court on SCO Groups's discovery motion. Any remaining issues the parties wish to raise wi11 be heard during oral argument.

The court HEREBY STRIKES the hearing originally scheduled for September 14, 2004. The hearing will be rescheduled for Tuesday October 19, 2004 at 10:00 a.m. At this hearing, the court will hear arguments regarding SCO Group's motion to compel discovery, including any additional issues raised by the second round of briefing and IBM's motion to strike the declaration of Christopher Sontag.

DATED this 10th day of September, 2004

BROOKE C. WELLS
United States Magistrate Judge

> blk
United States District Court
for the
District of Utah
September 10, 2004
* * CERTIFICATE OF SERVICE OF CLERK * *
Re: 2:03-cv-00294

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
Scott E. Gant, Esq.
BOIES SCHILLER & FLEXNER

Frederick S. Frei, Esq.
ANDREWS KURTH

Evan R. Chesler, Esq.
CRAVATH SWAINE & MOORE
Mr. Alan L Sullivan, Esq.
SNELL & WILMER LLP
Todd M. Shaughnessy, Esq.
SNELL & WILMER LLP
Mark J. Heise, Esq.
BOIES SCHILLER & FLEXNER
Mr. Kevin P McBride, Esq.
Robert Silver, Esq.
BOIES SCHILLER & FLEXNER
Mr. David W Scofield, Esq.
PETERS SCOFIELD PRICE


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