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Kimball Grants IBM the 45-Day Extension and More
Friday, March 18 2005 @ 01:14 AM EST

Judge Kimball comes through. He has granted IBM their 45-day extension, and he also says they don't have to turn over the materials that are the subject of their Motion for Reconsideration until the court rules on that motion, which is exactly what IBM asked for. They submitted this proposed order.

IBM filed its Motion for 45-Day Extension of Time to Comply with 1/18/05 Order on March 9, and SCO filed an Memorandum in Opposition to IBM's Motion for 45-Day Extension of Time to Comply with 1/18/05 Order on March 15, 2005. This order is dated March 16. I take it, then, that Judge Kimball signed the order without waiting for IBM to reply to SCO's opposition memo. I believe that is a first, isn't it? It's certainly rare. But he heard enough already, I gather. So much for SCO's strained and tacky argument about IBM failing to submit an affidavit. It's certainly the first time I can remember where an order was signed before we had the motion briefs transcribed and up on Groklaw.

If I were SCO, I believe, at this point, I'd be quiet as a little mouse.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF UTAH

THE SCO GROUP, INC.,

Plaintiff/Counterclaim-Defendant,


v.

INTERNATIONAL BUSINESS MACHINES
CORPORATION,

Defendant/Counterclaim-Plaintiff.
[Proposed]
ORDER RE IBM'S MOTION FOR 45-
DAY EXTENSION OF TIME TO
COMPLY WIH 1/18/05 ORDER



Civil No. 2:03CV-0294 DAK

Honorable Dale A. Kimball

Magistrate Judge Brooke C. Wells

Based upon IBM's Motion for a 45-day Extension of Time to Comply with the 1/18/05 Order, and good cause appearing,

IT IS HEREBY ORDERED as follows:

1. IBM shall have until May 3, 2005, within which to produce the materials required by the Court's January 18, 2005, Order.

2. With respect to the materials that are the subject of IBM's Motion for Reconsideration of the January 18, 2005 Order Regarding SCO's Renewed Motion to Compel, IBM shall not be required to produce such materials until the Court has ruled on that motion.

Dated this 16th day of March, 2005.

BY THE COURT

____[signature of Dale A. Kimball]____
United States District Court
District of Utah


CERTIFICATE OF SERVICE

I hereby certify that on the 9th day of March, 2005, a true and correct copy of the foregoing [proposed] ORDER RE IBM'S MOTION FOR 45-DAY EXTENSION OF TIME TO COMPLY WITH 1/18/05 ORDER was served by hand delivery on he following:

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

and by U.S. Mail, postage prepaid, on the following:

Stephen N. Zack
Mark J. Heise
BOIES SCHILLER & FLEXNER LLP
[address]

Robert Silver, Esq.
Edward Normand
Sean Eskovitz
BOIES SCHILLER & FLEXNER LLP
[address]

___[signature]___


United States District Court

for the

District of Utah

March 17, 2005

* * 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
[address]
EMAIL

Scott E. Gant, Esq.
BOIES SCHILLER & FLEXNER
[address]

Frederick S. Frei, Esq.
ANDREWS KURTH
[address]

Evan R. Chesler, Esq.
CRAVATH SWAINE & MOORE
[address]
EMAIL

Mr. Alan L Sullivan, Esq.
SNELL & WILMER LLP
[address]
EMAIL

Todd M. Shaughnessy, Esq.
SNELL & WILMER LLP
[address]
EMAIL

Mark J. Heise, Esq.
BOIES SCHILLER & FLEXNER
[address]

EMAIL

Mr. Kevin P McBride, Esq.
[address]
EMAIL

Robert Silver, Esq.
BOIES SCHILLER & FLEXNER
[address]

Stuart H. Singer, Esq.
BOIES SCHILLER & FLEXNER
[address]

Mr. David W Scofield, Esq.
PETERS SCOFIELD PRICE
[address]
EMAIL

Mr. Michael P. O'Brien, Esq.
JONES WALDO HOLBROOK & McDONOUGH
[address]


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