Judge Kimball has issued his Order [PDF] regarding SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint: Motion is DENIED. Maybe his stomach turned just like mine did when I read their rhetoric. Anyway, for whatever reason, it looks to me that Judge Kimball is on his horse now and determined to ride. So, April 21st is back on the calendar big time. I hope some of you will be able to attend. Also, SCO has finally filed its 10Q.
******************************
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
THE SCO GROUP, INC.,
Plaintiff/Counterclaim-Defendant,
v.
INTERNATIONAL BUSINESS MACHINES
CORPORATION,
Defendant/Counterclaim-Plaintiff.
|
ORDER REGARDING
APRIL 21, 2005 HEARING
Civil No. 2:03CV-0294 DAK
|
This matter is before the court on Plaintiff/Counterclaim-Defendant The SCO Group, Inc.'s ("SCO") Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend its Complaint. The court has carefully considered the memoranda and other materials submitted by the parties. Now being fully advised, the court renders the following Order.
The court declines to adjourn the hearing. Accordingly, IT IS HEREBY ORDERED that SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint is DENIED. In addition to hearing SCO's Motion to Amend its Complaint and SCO's Motion to Compel the Deposition of Samuel Palmisano at the April 21, 2005 hearing, the parties are hereby NOTIFIED that the court will also hear argument regarding the parties' Proposed Scheduling Orders.
DATED this 13th day of April, 2005.
BY THE COURT:
___[signature]___
DALE A. KIMBALL
United States District Judge
United States District Court
for the
District of Utah
April 14, 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]
EMAIL
Mr. David W Scofield, Esq.
PETERS SCOFIELD PRICE
[address]
EMAIL
Mr. Michael P O'Brien, Esq.
JONES WALDO HOLBROOK & MCDONOUGH
[address]
|