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Kimball Vacates Tomorrow's Hearing in SCO v. Novell
Monday, September 10 2007 @ 10:12 PM EDT

Here's the Pacer notice that tomorrow's hearing is cancelled in SCO v. Novell. I'll put the other new documents up shortly, but I know some of you were planning on attending on the hearing, so I wanted to let you know right away that it is now cancelled. Update: The PDFs are available now, Novell's Memorandum in Opposition to SCO's Motion for Reconsideration, redacted version, a redacted Declaration of David Melaugh, and some exhibits. Once again, Novell has found a case to use that was decided by Judge Dale Kimball, Exhibit 1 to the Memo in Opposition.

Pacer:
Filed & Entered: 09/10/2007
Terminate Deadlines/Hearings
Docket Text: Deadlines/Hearings terminated : Motion hearing set for 9/11/2007 is vacated. (kmj)

454 - Filed & Entered: 09/10/2007
Memorandum in Opposition to Motion
Docket Text: MEMORANDUM in Opposition re [419] Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re [377] Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re [377] Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment, [REDACTED] filed by Defendant Novell, Inc.. (Attachments: # (1) Exhibit 1 # (2) Exhibit 2)(Sneddon, Heather)

455 - Filed & Entered: 09/10/2007
Declaration
Docket Text: DECLARATION of David E. Melaugh re [454] Memorandum in Opposition to Motion,, [REDACTED] filed by Novell, Inc.. (Attachments: # (1) Exhibit 5)(Sneddon, Heather)

456 - Filed & Entered: 09/10/2007
Notice of Conventional Filing
Docket Text: NOTICE OF CONVENTIONAL FILING of Novell's Opposition to SCO's Motion for Reconsideration and David Melaugh's Declaration filed by Defendant Novell, Inc. (Sneddon, Heather)

Here are the exhibits we don't get to see but which are listed in David Melaugh's Declaration:

  • Exhibit 1 - a letter from Bill Broderick to Cynthia Lamont, dated May 26, 1996;
  • Exhibit 2 - an Agreement between The Santa Cruz Operation and Argus Systems Group dated December 28, 1999;
  • Exhibit 3 - an Agreement between The Santa Cruz Operation and Cyberguard Corporation dated March 31, 1998;
  • Exhibit 4 - an Agreement between The Santa Cruz Operation and Dascom dated March 30, 1998;
  • Exhibit 6 - a copy of Asset Purchase Agreement Audit Compliance Report dated March 2, 1999

The exhibit we do get to see is Exhibit 5, the excerpt from Jean Acheson's deposition.


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