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22 Sealed Documents in SCOland and 3,000 Exhibits Unsealed in Comes v. MS
Friday, January 19 2007 @ 08:43 AM EST

Will you look at this? I don't think this has ever happened before: 11 sealed documents filed at once in SCO v. IBM and 11 in SCO v. Novell. Waaa! No fair! I want to read this. Only kidding. It is what it is. One way or another, we eventually find out anyway. No doubt there will be redacted filings soon.

Never fear, though. We will never run out of reading materials. The judge in Comes v. Microsoft has approved making public over 3,000 of plaintiffs' trial exhibits in the case. They'll be available tonight on http://www.iowaconsumercase.com, their web site [Update: The site was removed on settlement of the litigation. Documents can now be found here]. Quite a few exhibits are already posted.

And here's what we have from Pacer that we are allowed to read, SCO's Cross Motion for Partial Summary Judgment on Novell's Fourth Counterclaim [PDF]. The memorandum in support isn't available yet, so all we know from this is that SCO has filed a cross motion, and that it asserts this as its theme, which the memorandum will elaborate on: "SCO is entitled to partial summary judgment on Novellís Fourth Counterclaim because the evidence of the partiesí intent under the APA and Amendments thereto is undisputed in SCOís favor." Heh heh Undisputed. These guys crack me up.

Keep in mind that what is going on in IBM is perfectly normal. Once discovery is over, the next part of the process is that each side moves for summary judgment on whatever it thinks it can win on right away, on the law as opposed to facts that must be decided by the jury. After that winnowing process is done, we know what is still on the table and what, if anything, needs to go to trial.

What is going on in Novell is unusual, and that is why you may discern that there is a real dogfight going on. I just wish I could see every bit of it.

Here are all the listings that are new on Pacer in SCO v. Novell:

01/16/2007 - 221 - **SEALED DOCUMENT** OPPOSITION to 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS filed by Defendant Novell, Inc.. (blk) (Entered: 01/18/2007)

01/16/2007 - 222 - **SEALED DOCUMENT** DECLARATION of Heather M. Sneddon re [221] Sealed Opposition to Cross-Motion filed by Defendant Novell, Inc.. Part 1 of 2. (Oversized - No attachment.) (blk) (Entered: 01/18/2007)

01/16/2007 - 223 - **SEALED DOCUMENT** DECLARATION of Heather M. Sneddon re [221] Sealed Opposition to Cross-Motion filed by Defendant Novell, Inc.. Part 2 of 2. (Oversized - no attachment.) (blk) (Entered: 01/18/2007)

01/17/2007 - 210 - NOTICE OF CONVENTIONAL FILING of Novell's Opposition to SCO's Cross-Motion for Summary Judgment (Filed Under Seal), Declaration of Heather M. Sneddon (Filed Under Seal), and Novell's Response to SCO's Statement of Facts (Filed Under Seal) filed by Defendant Novell, Inc. (Sneddon, Heather) (Entered: 01/17/2007)

01/17/2007 - 211 - NOTICE OF CONVENTIONAL FILING of (1)SCO's Memorandum in Opposition to Novell's Motion for Partial Summary on its Fourth Counterclaim for Relief, and in Support of SCO's Motion for Summary Judgment (2) Declaration of Brent O. Hatch filed by Counter Defendant SCO Group, Plaintiff SCO Group (Hatch, Brent) (Entered: 01/17/2007)

01/17/2007 - 212 - MOTION for Leave to File Over Length Memorandum in Opposition to Novell's Motion for Partial Summary Judgment on its Fourth Counterclaim for Relief, and for SCO's Cross Motion for Summary Judgment filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Hatch, Brent) (Entered: 01/17/2007)

01/17/2007 - 213 - **SEALED DOCUMENT**MEMORANDUM IN OPPOSITION to 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief filed by Plaintiff SCO Group. (Oversized - no document attached.) (blk) (Entered: 01/18/2007)

01/17/2007 - 214 - **SEALED DOCUMENT** Memorandum in Support re 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS filed by Plaintiff SCO Group. (Oversized - No document attached.) (blk) (Entered: 01/18/2007)

01/17/2007 - 215 - **SEALED DOCUMENT** DECLARATION of Brent O. Hatch filed by Plaintiff SCO Group. (blk) (Oversized - no attachment.) (Entered: 01/18/2007)

01/17/2007 - 216 - **SEALED DOCUMENT** EXHIBITS 10-43 re [215] Sealed Declaration of Brent Hatch filed by Plaintiff SCO Group. (Oversized - no attachment.) (blk) (Entered: 01/18/2007)

01/17/2007 - 217 - **SEALED DOCUMENT** EXHIBIT 35 re [215] Sealed Declaration of Brent Hatch filed by Plaintiff SCO Group. (Oversized - no attachment.) (blk) (Entered: 01/18/2007)

01/17/2007 - 218 - **SEALED DOCUMENT** EXHIBITS 44-56 re [215] Sealed Declaration of Brent Hatch filed by Plaintiff SCO Group. (Oversized - no attachment.) (blk) (Entered: 01/18/2007)

01/17/2007 - 219 - **SEALED DOCUMENT** EXHIBITS 57-63 re [215] Sealed Declaration of Brent Hatch filed by Plaintiff SCO Group. (Oversized - no attachment.) (blk) (Entered: 01/18/2007)

01/17/2007 - 220 - **SEALED DOCUMENT** RESPONSE to Statement of Facts in 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS filed by Defendant Novell, Inc.. (blk) (Entered: 01/18/2007)

01/18/2007 - 224 - Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Normand, Edward) (Entered: 01/18/2007)

And here's the new in SCO v. IBM:

01/12/2007 - 938 - **SEALED DOCUMENT** REPLY MEMORANDUM in support of 780 MOTION for Summary Judgment on SCO's Contract Claims filed by Defendant International Business Machines Corporation. Part 1 of 2.(Oversized - no document attached.) (blk) (Entered: 01/18/2007)

01/12/2007 - 939 - **SEALED DOCUMENT**REPLY MEMORANDUM in support of 780 MOTION for Summary Judgment on SCO's Contract Claims filed by Defendant International Business Machines Corporation. Part 2 of 2. (Oversized - no document attached.) (blk) (Entered: 01/18/2007)

01/12/2007 - 940 - **SEALED DOCUMENT** REPLY MEMORANDUM in support of 785 MOTION for Summary Judgment on IBM's Tenth Counterclaim filed by Defendant International Business Machines Corporation. (Oversized - no document attached.) (blk) (Entered: 01/18/2007)

01/12/2007 - 941 - **SEALED DOCUMENT** DECLARATION of Todd M. Shaughnessy filed by Defendant International Business Machines Corporation. (blk) (Entered: 01/18/2007)

01/12/2007 - 942 - **SEALED DOCUMENT** REPLY MEMORANDUM in support of 781 MOTION for Summary Judgment on SCO's Copyright Claim filed by Defendant International Business Machines Corporation. (blk) (Oversized - no document attached.) (Entered: 01/18/2007)

01/12/2007 - 943 - **SEALED DOCUMENT** REPLY MEMORANDUM in Support of 775 MOTION for Summary Judgment on SCO's Third Cause of Action, For Breach of Contract filed by Plaintiff SCO Group. (Oversized - no document attached.) (blk) (Entered: 01/18/2007)

01/12/2007 - 944 - **SEALED DOCUMENT** REPLY MEMORANDUM in support re 776 MOTION for Summary Judgment on IBM's Second, Third, Fourth, and Fifth Counterclaims filed by Plaintiff SCO Group. (blk) (Oversized - no document attached.) (Entered: 01/18/2007)

01/12/2007 - 945 - **SEALED DOCUMENT** REPLY MEMORANDUM in support of 784 MOTION for Summary Judgment on IBM's Eighth Counterclaim filed by Defendant IBM. (blk) Modified on 1/18/2007 by correcting filer information(blk). (Entered: 01/18/2007)

01/12/2007 - 946 - **SEALED DOCUMENT** REPLY MEMORANDUM in support of 783 MOTION for Summary Judgment on SCO's Interference Claims filed by Defendant International Business Machines Corporation. (Oversized - no document attached.) (blk) (Entered: 01/18/2007)

01/12/2007 - 947 - **SEALED DOCUMENT** REPLY MEMORANDUM in support of 782 MOTION for Summary Judgment on SCO's Unfair Competition Claim filed by Defendant International Business Machines Corporation. (blk) (Entered: 01/18/2007)

01/12/2007 - 948 - **SEALED DOCUMENT** SUPPLEMENTAL DECLARATION of Todd M. Shaughnessy filed by Defendant International Business Machines Corporation. (blk) (Entered: 01/18/2007)


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