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Order from Kimball: SJ Hearing April 30
Wednesday, January 16 2008 @ 10:07 AM EST

There is a new order from the judge handling the Utah trial in SCO v. Novell, the Hon. Dale A. Kimball, setting forth what he'd like the parties to do. First, the hearing on any summary judgment motions will be set for April 30th at 3 PM. The trial will be from 8:30 AM to 2 PM each day, with no lunch break, just two 15 minute breaks. He also reminds SCO that it never filed a trial brief, and he'd like them to do that by April 23rd, and Novell can file a new one if it wishes to. On the first day of trial, each party is to provide proposed Findings of Fact, Conclusions of Law, and Proposed Order, along with an exhibit list. Here's the docket entry:
485 - Filed & Entered: 01/15/2008
Order
Docket Text: ORDER regarding bench trial and hearing on motion for summary judgment. Signed by Judge Dale A. Kimball on 1-15-08. (sih)

Now you can make your plans, if you are hoping to attend.

***********************

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

__________________________

THE SCO GROUP, INC.,

Plaintiff,

vs.

NOVELL, INC.,

Defendant.

______________________________

ORDER

Civil Case No. 2:04CV139DAK

On January 11, 2008, the court scheduled a four-day bench trial in this matter to begin on April 29, 2008. As the parties are likely aware, the court runs its trial day from 8:30 a.m. to 2:00 p.m., with two 15 minute breaks and no lunch break. The court requests that the parties submit on the morning of the first day of trial their Proposed Findings of Fact, Conclusions of Law, and Proposed Judgment. If the parties desire to file Trial Briefs, they should do so by April 23, 2008. The court previously received a Trial Brief from Novell, but did not receive a brief from SCO. The court will hear any pending motions for summary judgment in this case on Wednesday, April 30, at 3:00 p.m.

Pursuant to Local Rule DUCivR 83-5, each party is required to pre-mark all exhibits intended to be introduced during trial and prepare an exhibit list for the court's use at trial. Exhibit labels (stickers) are available at the Intake Desk in the Clerk's Office. The standard exhibit list form is available on the Court's website (www.utd.uscourts.gov). The court typically requests that Plaintiffs list their exhibits by consecutive numbers and Defendants list their exhibits by consecutive letters. The court recalls, however, that the parties had previously agreed to a different system. The parties should contact Judge Kimball's Case Manager, Kim Jones, if they still intend to use a different system. The parties should not file the exhibit list or the exhibits. The exhibit list is to be provided to the Courtroom Deputy Clerk on the first morning of trial; the exhibits are to remain in the custody of counsel until admitted as evidence by the Court.

DATED this 15th day of January, 2008.

BY THE COURT:

DALE A. KIMBALL
United States District Judge

2


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