decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


To read comments to this article, go here
Another Month of Fact Discovery in Novell
Saturday, March 31 2007 @ 10:40 AM EDT

The parties in SCO v. Novell have stipulated [PDF] to extend fact discovery another month, until the end of April. What does it mean? Probably that something has come up in a deposition or in paper discovery that they want to dig into a little deeper. It isn't unusual for that to happen. If you look on the first Scheduling Order [PDF] in SCO v. IBM, for example, you'll see this notation under the header, DISCOVERY CUTOFF, which originally set the cutoff date as August 4, 2004:
If additional fact discovery is made necessary by expert reports or depositions, it may take place until 10/22/04.

Quaint, isn't it? 2004. As you can see, a discovery cutoff date is not carved in stone. So Novell and SCO have agreed to another month, and if they haven't finished then, they can stipulate again, I expect, and failing that one of the parties can ask the judge to extend it further. If you have been watching the IBM discovery waltz, you've seen how that works.

If you look at it from the point of view of the parties, though, or the court you can understand that they want to have enough time to get all the facts they can, within reason, because the idea is to have a case decided on a complete picture. I can't say, then, that this is a surprise to me. And there is no delay in the date for trial to begin, which is still September:

The parties have until April 30, 2007 to complete all outstanding fact discovery. This stipulation does not alter the parties' September 17, 2007 trial date.

The parties in SCO v IBM have also agreed to some extensions [PDF], specifically, deadlines for responding to requests for admissions, Rule 20(b)(6) depositions, motions in limine, etc.


  View Printable Version


Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )