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Novell and SCO File Shortened Witness and Exhibit Lists - Updated
Thursday, August 23 2007 @ 12:57 AM EDT

Novell and SCO have each filed amended Rule 26 pretrial disclosures, the lists of witnesses they plan to call and exhibits they plan to use. Obviously, the August 10th ruling by Hon. Dale Kimball shortens both considerably, in that there is less Novell has to prove, and SCO is mainly in defensive mode now.

The first thing I notice is that SCO won't be calling Ralph Yarro or Maureen O'Gara after all. Aww.

No Chris Stone either. The poor guy got smeared by O'Gara and SCO, and now he can't have his moment in court to clear it up. Well, if he wants to say something to Groklaw now or down the road ever, Groklaw is here. And just to remind the world, here's what Jack Messman, then CEO of Novell, wrote in a letter dated June 18, 2003 to SCO's CEO, Darl McBride, regarding Ms. O'Gara's report:

On the specific claim regarding the timing of our copyright ownership announcement, the matter was entirely coincidental. We had absolutely no intention of timing the May 28 statement so as to affect the reception of your announcement.

We also have spoken with Chris Stone, who you said had given contrary indications to a reporter. Chris has made absolutely clear that he never suggested such a linkage to the reporter. On this issue, it seems as if the best explanation is that the reporter linked the two events without prompting from Novell.

Darl McBride made the cut, though, and will still appear for SCO. Novell has him on its list too, so I guess that makes him the star of the show, and Novell also lists his faithful sidekick Chris Sontag of SCOsource fame, and famous leaked memo writer Michael Anderer is on the list too. No escape for Sandy Gupta. He's still on the list. Jeff Hunsaker too. SCO has added Bert Young to its witness list, and also Jay Petersen. It dropped Christine Botosan and Gary Pisano, two of its experts, and Ty Mattingly, Jack Messman, Doug Michels, Alok Mohan, and David Bradford.

Here is the Docket entry:

380 - Filed & Entered: 08/22/2007
Witness List(Proposed)
Docket Text: Proposed Witness List and Exhibit List (Novell's First Amended Rule 26 Pretrial Disclosures) by Novell, Inc.. (Attachments: # (1) Exhibit A-1, A-2, B and C)(Sneddon, Heather)

381 - Filed & Entered: 08/22/2007
Exhibit List(Proposed)
Docket Text: Proposed Exhibit List and Witness List (Rule 26 Pretrial Disclosures) SECOND AMENDED by Plaintiff SCO Group. (Normand, Edward)

If you would like to compare this with SCO's previous list, here it is, and here's the first attempt, along with Novell's first version.

Novell has added some new exhibits as Exhibit C, but it says that about 3/4s of them are "material that Novell only intends to use in the event SCO advances any new theory of SCOsource revenue apportionment." They know them quite well by now, I see. Also Novell informs the court that it intends to bring a motion for a bench trial. The parties, it says, are still meetin' and conferrin' regarding "certain outstanding discovery issues" as well as "possibilities for further narrowing of the scope of trial." That sounds like they are discussing settling certain things without the need to try them before a judge or a jury, even if no settlement in general is possible.

Update: Novell has filed 5 new exhibits in a Second Amended Rule 26 Pretrial Disclosures filing. In all other respects, it appears to be identical to the earlier filing.


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