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SCO's Notice of Unsealing - as text
Tuesday, June 21 2005 @ 01:26 PM EDT

Here's SCO's Notice of Unsealing, as text. Our thanks go to Janne for the transcript.

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

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

Stuart H. Singer (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]

Attorneys for The SCO Group, Inc.
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]

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

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.
SCO'S NOTICE OF UNSEALING

Case No. 2:03CV0294DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells

SCO respectfully submits this notice to identify documents that SCO originally filed with this Court under seal and that, pursuant to the Court's Order or April 28, 2005, the parties have to date agreed may be unsealed in their entirety or may be filed in redacted form.

1. The parties have agreed that the following documents may be unsealed in their entirety, and SCO respectfully requests that they be unsealed.

Docket No. Date Filed Sealed Documents That May Be Unsealed
203 July 12, 2004 Exhibits to the Declaration of Christopher Sontag in Support of SCO's Reply Memorandum Regarding Discovery (Exhibits 1-5)
245 August 19, 2004 Ex Parte Motion for Leave to File a Supplemental Memorandum Regarding Discovery
288 August 19, 2004 Declaration of Jeremy Evans and all exhibits thereto (Exhibits A-E)
289 August 19, 2004 Declaration of Barbara Howe
290 September 9, 2004 Memorandum in Support of Expedited Motion to Enforce the Court's Amended Scheduling Order
317 October 4, 2004 Declaration of Jeremy Evans
346 November 30, 2004 Memorandum in Opposition to IBM's Motion for Summary Judgment on SCO's Breach-of-Contract Claims
369 December 29, 2004 Reply Memorandum in Further Support of SCO's Motion for Leave to File a Third Amended Complaint, and all exhibits thereto (A1, A2, and A-E)
375 January 12, 2005 Memorandum in Support of SCO's Motion to Compel IBM to Produce Samuel J. Palmisano for Deposition, and all exhibits thereto (Exhibits A-Q)
425 March 23, 2005 Memorandum in Opposition to IBM's Motion for Entry of Order Limiting Scope of IBM's Ninth Counterclaim
432 April 11, 2005 Objections to IBM's Privilege Log and Memorandum in Support of SCO's Request to Compel IBM to Provide Proper Bases for Its Privilege Claims

2. The parties have also agreed that the following documents may be filed in redacted form. SCO is preparing redacted versions of these documents and intends to file them shortly with the Court.

Docket No. Date Filed Sealed Documents to be Submitted in Redacted Form
197 July 8, 2004 Declaration of Sandeep Gupta
198 July 8, 2004 Declaration of Christopher Sontag
203 July 12, 2004 Declaration of Christopher Sontag

2

206 July 9, 2004 Exhibit S-3 to SCO's Opposition to IBM's Cross-Motion for Summary Judgment on Tenth Counterclaim
269 September 3, 2004 Reply to IBM's Opposition to SCO's Ex Parte Motion for Leave to File a Supplemental Memorandum Regarding Discovery
287 August 19, 2004 Supplemental Memorandum Regarding Discovery
316 October 4, 2004 Reply in Further Support of SCO's Supplemental Memorandum Regarding Discovery
317 October 4, 2004 Exhibit 10 to the Declaration of Jeremy Evans
323 October 14, 2004 Memorandum in Support of SCO's Motion for Leave to File a Third Amended Complaint
350 December 1, 2004 Exhibit S8 to the Declaration of Jeremy Evans in Support of Memorandum in Opposition to IBM's Motion for Summary Judgment on SCO's Contract Claims
365 December 23, 2004 Memorandum in Support of Renewed Motion to Compel Discovery
409 February 25, 2005 Reply Memorandum in Further Support of Renewed Motion to Compel Discovery
419 March 11, 2005 Reply Memorandum in Support of Motion to Compel IBM to Produce Samuel J. Palmisano for Deposition

3. Finally, the parties have agreed that the following exhibits may be unsealed (the "Unsealed Exhibits"). SCO will resubmit the Unsealed Exhibits for filing together with all of the exhibits that were originally filed publicly in each of the submissions identified below, but will submit separately, for filing under seal, the remainder of the exhibits that originally accompanied each submission.

Docket No. Date Filed Sealed Exhibits to be Submitted for Public Filing Filed With
191 07/06/04 Exhibits I and J SCO's Memorandum in Support of Renewed Motion to Compel
197 07/08/04 Exhibits B-G, K, N, Q, T, Z, AA, and DD Declaration of Sandeep Gupta in Support of SCO's Opposition to IBM's Cross-Motion for Summary on Tenth Conterclaim
198 07/08/04 Exhibits O and P Declaration of Christopher Sontag in Support of SCO's Motion for Continuance Pursuant to Rule 56(f)
206 07/09/04 Exhibits S-2, S-4, S-5, and S-7 SCO's Opposition to IBM's Cross-Motion for Summary Judgment on Tenth Counterclaim
293 09/09/04 Exhibits 1-4, 6, 8-30, 32, 33, and A-D SCO's Memorandum in Support of Expedited Motion to Enforce the Court's Amended Scheduling Order

3

317 10/04/04 Exhibits 1-9, 11, 12 and A-E Declaration of Jeremy Evans in Support of SCO's Reply Supplemental Memorandum Regarding Discovery
323 10/14/04 Exhibits 1-6 and A-E SCO's Memorandum in Support of Motion for Leave to File Third Amended Complaint
350 12/01/04 Exhibits S1, S2, S3, S5, and S7 Declaration of Jeremy Evans in Support of SCO's Memorandum in Opposition to IBM's Motion for Summary Judgment on SCO's Contract Claims
365 12/23/04 Exhibits A-E and G-N SCO's Memorandum in Support of Renewed Motion to Compel
409 02/25/05 Exhibits 2, 3, and A-C SCO's Reply Memorandum in Further Support of Renewed Motion to Compel
419 03/11/05 Exhibits A-F SCO's Reply Memorandum in Support of Motion to Compel IBM to Produce Samuel J. Palmisano
425 03/23/05 Exhibits A and B SCO's Memorandum in Opposition to IBM's Motion for Entry of Order Limiting Scope of Ninth Counterclaim
432 04/11/05 Exhibits A-C Objections to IBM's Privilege Log and Memorandum in Support of SCO's Request to Compel IBM to Provide Proper Bases for Its Privilege Claims

DATED this 16th day of June, 2005.

Respectfully submitted,

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

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

By _(signature)_
Counsel for The SCO Group, Inc.

4

CERTIFICATE OF SERVICE

Plaintiff/Counterclaim Defendant, The SCO Group, Inc., hereby certifies that a true and correct copy of the foregoing SCO's Notice of Unsealing was served on Defendant IBM on the 16th day of June, 2005, by U.S. Mail to:

David Marriot, Esq.
Cravath, Swaine & Moore LLP
[address]

Donald J. Rosenberg, Esq.
[address]

Todd Shaugnessy, Esq.
Snell & Wilmer LLP
[address]

___[signature]___


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