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Novell's Motion to Dismiss -- Hearing Postponed to March 8
Wednesday, January 26 2005 @ 06:36 PM EST

Those of you planning to attend the SCO v. Novell hearing on Novell's Motion to Dismiss will need to make a note that the hearing has been rescheduled to March 8 at 3 PM. Here's the Notice of Amended Hearing Date [PDF].

I don't know why it is being postponed again, but it's by agreement. What I notice, though, is that SCO is bringing in the heavy hitters. If you compare earlier documents filed in this litigation, such as the Certificate of Service on a filing back in November or SCO's October Memorandum in Support of SCO's Reply to Novell's Motion to Dismiss SCO's Amended Complaint, you will notice that Edward Normand and Sean Eskovitz have been added to the team and Mark Heise and Mark Clements are no longer listed. That might mean Eskovitz will be arguing for SCO at the hearing. You will remember him from the October hearing in SCO v. IBM.

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

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

Stephen N. Zack (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]

Robert Silver (admitted pro hac vice)
Edward Normand (admitted pro hac vice)
Sean Eskovitz (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.,
A Delaware corporation,

Plaintiff,

vs.

NOVELL, INC.,
A Delaware corporation,

Defendant.

____________________________________

NOTICE OF AMENDED HEARING DATE

Civil No. 2:04CV00139

Honorable Dale A. Kimball

___________________________________

Pursuant to consultations with the Court, and all parties being in agreement, Novell, Inc.'s Motion to Dismiss, formerly scheduled to be heard February 1, 2005, will now be heard by Judge Kimball on March 8, 2005 at 3 p.m.

DATED this 25th day of January, 2005.

Respectfully submitted,

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

BOIES, SCHILLER & FLEXNER LLP
Robert Silver
Stephen N. Zack
Edward Normand
Sean Eskovitz

By___[signature]____

Counsel for The SCO Group, Inc.


CERTIFICATE OF SERVICE

Plaintiff The SCO Group, Inc., hereby certifies that a true and correct copy of the foregoing Notice of Amended Hearing Date was served by mail on Defendant Novell on the __th day of January, 2005, by placing the same in U.S. mail, postage prepaid to:

Thomas R. Karrenberg, Esq.
John P. Mullen, Esq.
Heather M. Sneddon, Esq.
ANDERSON & KARRENBERG
[address]

Michael A. Jacobs, Esq.
Matthew I. Kreeger, Esq.
MORRISON & FOERSTER
[address]

Counsel for Novell, Inc.

______signature_________


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