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Corrected Schedule for the Novell SJ Motion Hearings & a Few Filings in IBM and Novell
Tuesday, May 29 2007 @ 10:23 PM EDT

Here's the new schedule for oral argument on the various summary judgment motions in SCO v. Novell. Someone woke up realizing that there is no way to cover so many motions in one day, so now there is a two-day schedule. If you are thinking of attending, be aware that this is a corrected schedule, as the time on May 31st is now 2 PM, not 9 AM.

Actually, it's a second corrected notice on one day's schedule. All day, they've been correcting, but I'm just getting to it now, and I think this is the final. It's now set for two days, Thursday the 31st at 2 PM. And the second day will be on June 4th at 9 AM, both before Judge Dale A. Kimball. Also, if you are thinking of attending, if you reread all the motion filings before you go, it will be more meaningful for you and you'll be able to follow along better, so you can share everything with us when it's done.

If you can only go one day, which day should it be? It's up to you as to which motions are most interesting to you. But for me, the razzle dazzle will be on June 4, because that is slander of title day.

Here is what Pacer is currently showing, and I'll let you know if there are any more changes:

05/29/2007 - 344 - CORRECTED NOTICE OF HEARING ON MOTION re: 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition : (Notice generated by Kim Jones) Motion Hearing set for 5/31/2007 02:00 PM in Room 220 before Judge Dale A. Kimball. (kmj) (Entered: 05/29/2007)

05/29/2007 - 345 - SECOND CORRECTED NOTICE OF HEARING ON MOTION re: 275

MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim, 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim, 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief : (Notice generated by Kim Jones) Motion Hearing set for 6/4/2007 09:00 AM in Room 220 before Judge Dale A. Kimball. (kmj) (Entered: 05/29/2007)

There is a bit also in SCO v. IBM showing on Pacer:

05/25/2007 - 1062 - **SEALED DOCUMENT** SEALED REPLY MEMORANDUM IN FURTHER SUPPORT OF 986 MOTION FOR RECONSIDERATION BY THE MAGISTRATE COURT OF THE ORDER DENYING SCOS MOTION FOR RELIEF FROM IBMS SPOLIATION OF EVIDENCE filed by Plaintiff SCO Group Note: No document attached. This document will be retained in the Clerk's Office sealed room for viewing by authorized persons only (alt) (Entered: 05/29/2007)

05/29/2007 - 1063 - ORDER granting 1060 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/29/07 (alt) (Entered: 05/29/2007)

05/29/2007 - 1064 - ORDER granting 1061 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/29/07 (alt) (Entered: 05/29/2007)

In SCO v. Novell, most of the filings are sealed, but just so you have the full picture:

05/25/2007 - 338 - **SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Defendant Novell, Inc (document is not scanned - will be kept in permanent storage) (alt) (Entered: 05/29/2007)

05/25/2007 - 339 - **SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Defendant Novell, Inc (document is not scanned - will be kept in permanent storage) (alt) (Entered: 05/29/2007)

05/25/2007 - 340 - **SEALED DOCUMENT** SEALED 2ND SUPPLEMENTAL DECLARATION OF KENNETH W. BRAKEBILL re: 147 MOTION for Partial Summary Judgment or Preliminary Injunction, 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief, 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Defendant Novell, Inc (alt) (document is not scanned - will be kept in permanent storage) Modified on 5/29/2007: added text re: permanent storage (alt) (Entered: 05/29/2007)

05/29/2007 - 341 - AMENDED NOTICE OF HEARING ON MOTION re: 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition : (Notice generated by Kim Jones) Motion Hearing reset for 5/31/2007 02:00 PM in Room 220 before Judge Dale A. Kimball. (kmj) (Entered: 05/29/2007)

05/29/2007 - 342 - SECOND AMENDED NOTICE OF HEARING ON MOTION re: 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim, 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim, 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief : (Notice generated by Kim Jones) Motion Hearing reset for 6/4/2007 09:00 AM in Room 220 before Judge Dale A. Kimball. (kmj) (Entered: 05/29/2007)

05/29/2007 - 343 - ORDER granting 331 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/29/07 (alt) (Entered: 05/29/2007)

Keep in mind that 341 and 342 are now replaced by the new schedule, so I've marked them in such a way that I hope you are not confused. On Pacer, there is no line through them.


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