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Hearing April 14 on IBM's Motion to Toss Most of SCO's "Allegedly Infringing Material"
Thursday, March 23 2006 @ 08:19 AM EST

There is a hearing set on IBM's motion to toss out the bulk of SCO's list of allegedly misused material. It's set for April 14 at 3 PM. Here's the Pacer notation:
655 - Filed & Entered: 03/22/2006
Notice of Hearing on Motion
Docket Text: NOTICE OF HEARING ON MOTION re: [619] Defendant's MOTION to Limit SCO's Claims Relating to Allegedly Misused Material: Motion Hearing set for 4/14/2006 at 03:00 PM in Room 220 before Magistrate Judge Brooke C. Wells. (jwd, )

So let's synchronize our watches. This is an important hearing to attend, if you can, because there may be portions of the transcript sealed, since the Reply Memorandum by SCO is sealed. Also, it should be fascinating to get at least a glimpse of what SCO has on that list.

In other Pacer activity, IBM and SCO have stipulated that IBM can have more time to file its Reply Memorandum in Further Support of Motion to Limit SCO's Claims Relating to Allegedly Misused Material. This is IBM's response to SCO's sealed opposition memo. The new deadline is April 4, 2006. SCO's sealed Memorandum in Opposition is number 643 on the Docket list.

Also, Judge Brooke Wells has signed the proposed Order [PDF] submitted by the parties regarding the minor shift in the discovery schedule.

Here's the stipulation regarding IBM getting more time, thanks once again to Steve Martin:

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

SNELL & WILMER L.L.P.
Alan L. Sullivan (3152)
Todd M. Shaughnessy (6651)
Nathan E. Wheatley (9454)
[address]
[phone]
[fax]

CRAVATH, SWAINE & MOORE LLP
Evan R. Chesler (admitted pro hac vice)
David R. Marriott (7572)
[address]
[phone]
[fax]

Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation

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.
STIPULATION AND JOINT MOTION
RE BRIEFING


Civil No. 2:03CV-0294 DAK

Honorable Dale A. Kimball

Magistrate Judge Brooke C. Wells

1

The parties, through their counsel of record, hereby stipulate and jointly move the Court for an Order extending the deadline for IBM to file its Reply Memorandum in Further Support of Motion to Limit SCO's Claims Relating to Allegedly Misused Material. IBM's reply memorandum will be filed and served on or before April 4, 2006. The parties submit herewith a proposed form of order confirming this deadline.

DATED this 21st day of March, 2006.

Snell & Wilmer L.L.P.
Alan L. Sullivan
Todd M. Shaughnessy
Amy F. Sorenson

CRAVATH, SWAINE & MOORE
Evan R. Chesler
David R. Marriott

By /s/ Todd M. Shaughnessy
Counsel for Defendant International
Business Machines Corporation

DATED this 21st day of March, 2006.

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

BOIES, SCHILLER & FLEXNER
Edward Normand

By /s/ Edward Normand
Counsel for Plaintiff
(e-filed with permission from counsel)

2

CERTIFICATE OF SERVICE

I hereby certify that on the 21st day of March, 2006, a true and correct copy of the foregoing was and was sent by U.S. Mail, postage prepaid, to the following:

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

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

Robert Silver
Edward Normand
BOIES, SCHILLER & FLEXNER LLP
[address]

/s/ Todd M. Shaughnessy

6


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