And we're off and running with the transcriptions of the newly redacted SCO documents. This is Exhibit 10 to the Declaration of Jeremy O. Evans in Support of SCO's Reply Brief in Further Support of its Supplemental Memorandum Regarding Discovery, #477 on the docket. Our thanks to chotchki for doing it for us. It's his first time volunteering, so welcome aboard. He had to view it at 300% just to make it out, so he picked a hard one. Happily it's short. If anyone can figure out why SCO offered this exhibit, please inform the rest of us. It looks to me like it proves IBM's point, that IBM did in fact sincerely try to get Project Monterey airborne.
*************************
Brent O. Hatch (5715)
Mark F. James (5295)
HATCH, JAMES & DODGE
[address, phone, fax]
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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]
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Stuart H. Singer (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]
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Stephen N. Zack (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]
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Attorneys for The SCO Group, Inc.
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
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______________________________________
THE SCO GROUP, INC.
Plaintiff/Counterclaim-Defendant,
v.
INTERNATIONAL BUSINESS
MACHINES CORPORATION
Defendant/Counterclaim-Plaintiff.
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EXHIBIT 10 TO THE DECLARATION
OF JEREMY O. EVANS IN SUPPORT
OF SCO'S REPLY BRIEF IN
FURTHER SUPPORT OF ITS
SUPPLEMENTAL MEMORANDUM
REGARDING DISCOVERY
[Docket No. 317]
(REFILED IN REDACTED FORM)
Case No. 2:03CV0294DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells
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1
[handwritten: Toronto's Approval
(negative confirmation)]
Ron Saint Pierre
06/12/2000 10:06 AM
To: Helene Armitage/Austin/IBM@IBMUS
cc: Teri Hunt/Austin/IBM@IBMUS, Sharon Dobbs/Austin/IBM@IBMUS, Terry Mc Elroy/Toronto/IBM@IBMCA
From: Ron Saint Pierre/Austin/IBM@ibmus
Subject: Approve additional ISVs for Monterey Beta Program
Importance: Urgent
Helene, Sharon - please approve the following ISVs for inclusion in the Monterey Beta program.
Some of these companies are nominated by IBM, some by Bull, and one by Intel. The nominating
company provides first-level support.
Teri - the detailed company info from the Bull and Intel nominees is appended below.
Terry - your approval is assumed if I don't hear from you in 48 hours.
Nominated by IBM:
Storix
Compuware
Facet Corp.
Scriptics Corp.
Nominated by Bull:
Eastman Software
DST Innovis
BEA Software
Nominated by Intel:
Infosec Technologies Company
REDACTED
AT IBM'S REQUEST
CONFIDENTIAL 1710057360
2
REDACTED
AT IBM'S REQUEST
Ron Saint Pierre [phone]
Manager, Monterey OEM/IHV Support and Diagnostics
Austin, Tx. 78758
CONFIDENTIAL 1710057361
3
CERTIFICATE OF SERVICE
Plaintiff/Counterclaim Defendant, The SCO Group, Inc., hereby certifies that a true and correct copy of the foregoing was served on Defendant IBM on the 5th day of July, 2005 by U.S. Mail to:
David Marriot, Esq.
CRAVATH SWAINE & MOORE LLP
[address]
Donald Rosenberg, Esq.
[address]
Todd Shaughnessy, Esq.
SNELL & WILMER LLP
[address]
___[signature of Laura K. Chaves]____
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