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IBM Files Redacted Memo in Opposition to SCO's Objections (Conventionally)
Saturday, August 19 2006 @ 06:07 PM EDT

IBM has filed its redacted response to SCO's Objections to Judge Brooke Wells' Order, but because it is too long to file digitally, it has filed it in conventionally, the old way.

Here is the notice, the NOTICE OF CONVENTIONAL FILING OF IBM'S REDACTED MEMORANDUM IN OPPOSITION TO SCO'S OBJECTIONS TO MAGISTRATE JUDGE WELLS' ORDER OF JUNE 28, 2006 AND THE DECLARATION OF TODD M. SHAUGHNESSY WITH UNSEALED EXHIBITS [PDF].

Unfortunately, I think that means we have to pick it up at the courthouse and digitize it ourselves, and we'll be working on getting that done. I can't wait to read it.

There is also now the signed Order Granting Motion to Withdraw Dan Filor as Counsel [PDF], the signed Order Granting IBM's Ex Parte Motion for Leave to File Overlength Memorandum in Opposition to SCO's Objections to Magistrate Judge Wells' Order of June 28, 2006 [PDF], and the Stipulated Motion [PDF] and the Proposed Order [PDF] giving both sides until October 13, 2006 to respond to requests for admission [PDF].

Update: We have a volunteer who will pick it up Monday for us.

2d Update: The court will be scanning it in tonight (Monday) so it will be available digitally at 8 cents a page, instead of at 25 cents per page if we get it directly from the court as paper and scan it in ourselves. Our volunteer says that, with exhibits, he thinks it may be the largest filing he's seen so far. I don't want to waste your contributions, so it seems prudent to wait, particularly since scanning takes time also, and it'd probably be neck and neck which of us would finish first. Also whenever possible, I prefer to obtain the court's official digital copy. Just letting you know my thinking.

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

SNELL & WILMER L.L.P.
Alan L. Sullivan (3152)
Todd M. Shaughnessy (6651)
Amy F. Sorenson (8947)
[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.

_________________________________

NOTICE OF CONVENTIONAL FILING
OF IBM'S REDACTED MEMORANDUM
IN OPPOSITION TO SCO'S
OBJECTIONS TO MAGISTRATE JUDGE
WELLS' ORDER OF JUNE 28, 2006 AND
THE DECLARATION OF
TODD M. SHAUGHNESSY WITH
UNSEALED EXHIBITS

Civil No. 2:03CV-0294 DAK

Honorable Dale A. Kimball

Magistrate Judge Brooke C. Wells

Please take notice that Defendant/Counterclaim-Plaintiff International Business Machines Corporation ("IBM") has conventionally filed the original and two copies of the following documents, papers or other materials: IBM's Redacted Memorandum in Opposition to SCO's Objections to Magistrate Judge Wells' Order of June 28, 2006 and the Declaration of Todd M. Shaughnessy With Unsealed Exhibits.

These documents, papers or other materials have not been filed electronically because:

____ they cannot be converted to electronic format

XXX the electronic file size of this material exceeds 2 megabytes (MB)

____ the Court by order has excused electronic filing

____ they are exempt from electronic filing pursuant to ____ of the ECF Policy & Procedures Manual (specific list of documents including administrative records, ex parte submissions, etc.)

These documents have been conventionally served on all parties.

DATED this 18th day of August, 2006.

Snell & Wilmer L.L.P.

/s/ Amy F. Sorenson

Alan L. Sullivan
Todd M. Shaughnessy
Amy F. Sorenson

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

Of Counsel:

INTERNATIONAL BUSINESS MACHINES CORPORATION
Jennifer M. Daniels
Alec S. Berman
[address, phone]

Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation

2

CERTIFICATE OF SERVICE

I hereby certify that on the 18th day of August, 2006, a true and correct copy of the foregoing was electronically filed with the Clerk of the Court and delivered by CM/ECF system 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]

and by U.S. Mail, postage pre-paid to:

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

/s/ Amy F. Sorenson

3


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