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To read comments to this article, go here
IBM Hearing Date changed from 11/15 to 11/30; Wells assigned to Novell
Friday, November 10 2006 @ 07:42 PM EST

There has been a change in the schedule for the hearing on IBM's Motion to Confine SCO's Claims to, and Strike Allegations in Excess of, The Final Disclosures. And since some of you may be planning to attend, I wanted to let you know. At least I hope some of you can attend. The change is from November 15 to November 30, now set for 3:30 in the afternoon in Room 102. The parties stipulated to the change and asked for it, so that is the reason.

You might want to reread the motion papers prior to the hearing in order to follow along: IBM's Motion; Memo in Support; SCO's Memo in Opposition; and IBM's Reply. Here's the new Pacer info about the change:

854 - Filed & Entered: 11/09/2006
Notice of Hearing on Motion
Docket Text: NOTICE OF HEARING ON MOTION re: [695] MOTION to Strike Allegations in Excess of the Final Disclosures: Motion Hearing previously set for 11/15/06 at 10:30 a.m. has been reset for 11/30/2006 at 03:30 PM in Room 102 before Magistrate Judge Brooke C. Wells. [This hearing has been reset pursuant to the parties request and agreement] (jwd, )

855 - Filed & Entered: 11/10/2006 - Motion for Leave to File Excess Pages
Docket Text: Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages re Memorandum in Support of IBM's Opposition to SCO's Motion Regarding Spoilation filed by Defendant International Business Machines Corporation. (Attachments: # (1) Text of Proposed Order)(Shaughnessy, Todd)

856 - Filed & Entered: 11/10/2006
Notice of Conventional Filing
Docket Text: NOTICE OF CONVENTIONAL FILING of (1) Declaration of Todd M. Shaughnessy; (2) IBM's Memorandum in Opposition to SCO's Motion Regarding Spoliation; (3) IBM's Memorandum in Opposition to SCO's Motion for Partial Summary Judgment on SCO's Third Cause of Action, for Breach of Contract; (4) IBM's Memorandum in Opposition to SCO's Motion for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims; and (5) IBM's Memorandum in Opposition to SCO's Motion for Partial Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims filed by Defendant International Business Machines Corporation re [775] MOTION for Summary Judgment on SCO's Third Cause of Action, For Breach of Contract, [776] MOTION for Summary Judgment on IBM's Second, Third, Fourth, and Fifth Counterclaims, [778] MOTION for Relief for IBM's Spoliation of Evidence, [777] MOTION for Summary Judgment on IBM's Sixth, Seventh, and Eighth Counterclaims (Shaughnessy, Todd)

And guess who has been assigned to be the magistrate judge and handle all nondispositive pretrial matters in SCO v. Novell? Magistrate Judge Brooke Wells:

168 - Filed & Entered: 11/09/2006
Order Referring Case to Magistrate Judge Docket Text: ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Signed by Judge Dale A. Kimball on 11/09/06. (abr, )

That is, of course, the last thing SCO was wanting to have happen, I expect. They were probably hoping for someone new whose baloney meter isn't yet calibrated to their ways. But there you are. Real life.


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