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The Caldera v. Microsoft Docket - All the Documents To Be Found, So Far - Updated 2Xs
Sunday, September 07 2008 @ 06:11 PM EDT

Here are all the documents still electronically available from the court in the Caldera v. Microsoft litigation, which settled in 2000. Very little is available any more, mainly orders, but you can learn quite a bit from reading orders. And the docket sheet itself tells quite a tale. What I could get, I've placed as links in the list.

We also have some extra filings from the case, thanks to Novell and Microsoft attaching them as exhibits to documents they filed in the Novell v. Microsoft antitrust case, currently in discovery in US District Court in Maryland. We'll make a Timeline page for it, and as new documents get filed as exhibits, hopefully we'll be able to flesh it out some more.

I notice from the notations in the PACER list that this must have been a real knock-down, drag-out discovery battle between Caldera and Microsoft, with Novell pulled into the ring too by Microsoft, which sent them four subpoenas. The last one Novell managed to get quashed. I don't believe that is the same as the subpoena that Novell filed as an exhibit [PDF] in the antitrust case, because that exhibit was offered by Novell as evidence of what Microsoft already should have in its files, since it got that discovery in the Caldera v. Microsoft litigation.

Poor Novell. It keeps having to endure the expense of doing this same discovery over and over.

Of course, it's not exactly the same ever, because their lawyers have to look at it again in connection with the new litigation, and that is part of where the expense comes in. It would surprise me if Microsoft doesn't still have whatever it got before, because lawyers don't throw documents away in a hurry unless they are forced to. Microsoft fought for and won the right to do discovery regarding this case, for use in the antitrust litigation, but the ironic thing is, it was Microsoft that back then wanted the documents sealed and then destroyed. So if it is having trouble getting them, it's its own fault.

I think what Microsoft mainly wants is whatever it couldn't get in that quashed 4th subpoena, maybe, and it probably wants to do depositions regarding any oral agreements in the Novell v. Canopy litigation that grew out of this Caldera v. Microsoft matter.

You will see that some newspapers aggressively fought to get at least part of the record unsealed, and they were successful. So when Novell told the court, in its Response [PDF] to Microsoft's Local Rule 104.7 Certificate [PDF] that Microsoft has already sent subpoenas to four third parties, I think we can guess that they might be the Salt Lake Tribune, Bloomberg, SCO/Canopy, and the San Jose Mercury News. A Local Rule 104.7 Certificate is a document you submit in US District Court in the District of Maryland along with a motion to compel, I gather from these revisions to the local rules [PDF].

You will also see some names you'll recognize from the SCO litigations, Dr. Jeffrey Leitzinger, for example, who was one of Caldera's experts and later was one for SCO in the IBM case, which will eventually go forward.

Here are some of the missing documents Microsoft and Novell attached as exhibits in the Novell v. Microsoft case, in addition to what is found below in the list available from PACER:

There is also a web site I've linked to before, where they have a collection of some more of the missing documents. And in the previous article I did on it, I told the rest of the story regarding the destruction of the documents by Canopy, and Sun's intervention to save some of them. Perhaps they'll get dragged into this mess too.

The web site is MaxFrame Corporation's, where you can also find some materials about Digital Research, Dr. Gary Kildall, and a History of MS-DOS. Scroll down on the home page to the link for "The Full Story" and you'll find all the documents they have. For example, here's the Complaint, the Amended Complaint, a Caldera January 10, 2000 press release announcing that Microsoft had decided to settle, and a Joe Barr January 2000 LinuxWorld article, Details are scarce, but the settlement looks to be a humbling defeat for Microsoft.

When you do a massive job like this, it's inevitable that there will be mistakes, so when you find them, please let me know so I can perfect this. And if you read one of the orders and notice an interesting detail, please post it. Then we'll do the Timeline page, after we get any kinks worked out. Thanks!

Update: You can also find all the documents on Tuxrocks, and here's one in particular that is in addition to what we have already:

Caldera Inc.'s Memorandum in Support of the San Jose Mercury News, the Salt Lake Tribune, and Bloomberg L.P. Motions to Intervene and Unseal Court File

I can only guarantee the court's documents on Pacer. But it's a fascinating document. Caldera supported the media's motion, saying that Microsoft was "abusing" the protective order and designating virtually everything as "confidential":

Microsoft has violated the Protective Order by designating evidence of its predatory conduct as confidential. The Protective Order limits the categories of information that parties may designate as confidential.... The order does not permit a party to designate material as confidential simply because the material supports the opposing party's case.

The document goes on to give examples of materials Microsoft marked confidential that supported Caldera's claims. For example, here's part of an email from Bill Gates to Steve Ballmer dated May 18, 1989, quoted on page 5:

Our DOS gold mine is shrinking and our costs are soaring - primarily due to low prices, IBM share and DR-DOS... I believe people underestimate the impact DR-DOS has had on us in terms of pricing.
Then from Microsoft Canada OEM Sales Monthly Report, dated March 1991
This new contract [per processor license] guarantees MS DOS on every processor manufactured and shipped by Budgeetron, therefore excluding DRI.
Here's a snip from a Joachim Kempin Status Report, dated October 1990:
Hyundai Electronics INC. DRI is still alive. We are pushing them to sign the amendment on a processor-based license. This will block out DR once signed.
Then a following by Kempin on March 26, 1991:
I took the opportunity to negotiate with him [Lieven] in german, sign our offer as is... Second option - scratch the DOS clause [refuse Microsoft's demand tha Vobis sign a per processor license for MS-DOS] and pay $35 for Windows instead of $15... I have a bet with Jeff that they will sign as is. In my judgment they will hurt if they do not ship WIN and paying $35 for it is out of the question.

Microsoft innovating in the license space. At least no kneecaps were at risk.

I must say I'm impressed by the legal team that worked for Caldera. For example, knowing that Microsoft's continued assertion that all the documents it filed really did contain trade secrets or other proprietary information would result in the judge having to read the thousands of documents one by one, a task it had already indicated it did not relish (see footnote 3 on page 3), Caldera attached a small collection of sample documents. "We are confident," Caldera wrote, "the Court will find that the attached documents do not meet the Rule 26 criteria for confidentiality." Instead, they went on:

The American judicial system provides for free and open public access to information, except in extraordinary circumstances. Microsoft is not seeking to protect trade secrets or proprietary business information. Rather, Microsoft is using the protective order to prevent public disclosure of the predatory business practices it used to eliminate DR DOS as a competitor and unlawfully maintain its desktop operating system monopoly. Indeed, if its business practices were fair and legal, why would Microsoft go to such great lengths to prevent them from being disclosed?
It goes on to point out that the judge had to settle the question, because at trial Caldera would be using Microsoft documents marked confidential by them to prove Caldera's case. Was the trial to be held in secret? Or in an open public forum?

Well, judging from the docket sheet, the judge agreed. And while Caldera, in the settlement agreement, agreed to destroy documents and Canopy later did so again, highlighting perhaps an issue going to motives, it was undoubtedly an effective lawyer strategy at the time.

Update 2: Here's a real find: a recent interview with Stephen Susman, who represented Caldera, part of the ABA's Antitrust Oral History Task Force project. You don't want to miss this. Look for a hint about the size of the settlement. You'll certainly see why Caldera did so well in this litigation.

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

2:96-cv-00645-DB
Caldera v. Microsoft
Dee Benson, presiding
Date filed: 07/23/1996
Date terminated: 01/11/2000
Date of last filing: 01/22/2003

History

Doc.
No.
Dates Description
--
Filed: 07/23/1996
Entered: 07/25/1996
Set/Clear Flags
Docket Text: Jury Flag set
1
Filed: 07/23/1996
Entered: 07/25/1996
Complaint
Docket Text: Complaint filed, assigned to Judge Dee Benson Receipt #: 75134
--
Filed: 08/01/1996
Entered: 08/02/1996
Terminated: 08/15/1996
Motion for Leave to Appear
Docket Text: Motion by Caldera for Parker C. Folse, III to appear pro hac vice on behalf of pla (ce)
--
Filed: 08/07/1996
Entered: 08/08/1996
Terminated: 08/15/1996
Motion for Leave to Appear
Docket Text: Motion by Caldera for Stephen D. Susman to appear pro hac vice on behalf of pla (ce)
--
Filed: 08/08/1996
Entered: 08/09/1996
Terminated: 12/18/1996
Motion for Leave to Appear
Docket Text: Motion by Caldera for Ralph H. Palumbo (lead), Lynn M. Engel, Robert D. Fram to appear pro hac vice on behalf of pla (ce)
2
Filed: 08/08/1996
Entered: 08/09/1996
Certificate of Service
Docket Text: Certificate of service of [1-1] complaint & summons by Caldera (ce)
3
Filed & Entered: 08/15/1996
Order
Docket Text: Order granting [0-1] motion for Parker C. Folse, III to appear pro hac vice on behalf of pla signed by DB, 8/14/96 cc: attys (ss)
4
Filed & Entered: 08/15/1996
Order
Docket Text: Order granting [0-1] motion for Stephen D. Susman to appear pro hac vice on behalf of pla signed by DB, 8/15/96 cc: attys (ss)
5
Filed: 08/15/1996
Entered: 08/16/1996
Terminated: 01/11/2000
Answer to Complaint
Docket Text: Answer to Complaint by Microsoft (ss)
--
Filed & Entered: 08/21/1996
Terminated: 09/03/1996
Motion for Leave to Appear
Docket Text: Motion by Caldera for Charles R. Eskridge III to appear pro hac vice on behalf of pla (ce)
--
Filed: 08/26/1996
Entered: 08/27/1996
Terminated: 09/10/1996
Motion for Leave to Appear
Docket Text: Motion by Caldera for M. Laurence Popofsky to appear pro hac vice on behalf of pla (ce)
--
Filed: 09/03/1996
Entered: 09/04/1996
Terminated: 09/10/1996
Motion for Leave to Appear
Docket Text: Motion by Microsoft for Richard J. Urowsky (lead); Steven L. Holley and Richard C. Pepperman, II to appear pro hac vice on behalf of dft (ce)
6
Filed & Entered: 09/03/1996
Order
Docket Text: Order granting [0-1] motion for Charles R. Eskridge III to appear pro hac vice on behalf of pla signed by DB, 8/30/96. cc: atty (ce)
7
Filed & Entered: 09/10/1996
Order
Docket Text: Order granting [0-1] motion for M. Laurence Popofsky to appear pro hac vice on behalf of pla signed by DB, 9/6/96. cc: atty (ce)
8
Filed & Entered: 09/10/1996
Order
Docket Text: Order granting [0-1] motion for Richard J. Urowsky (lead); Steven L. Holley and Richard C. Pepperman, II to appear pro hac vice on behalf of dft signed by DB, 9/6/96. cc: atty (ce)
--
Filed & Entered: 09/16/1996
Terminated: 09/18/1996
Motion for Leave to Appear
Docket Text: Motion by Microsoft for Thomas W. Burt, William H. Neukom, David A. Heiner to appear pro hac vice (ss)
--
Filed: 09/18/1996
Entered: 09/19/1996
Terminated: 09/30/1996
Motion for Leave to Appear
Docket Text: Motion by Microsoft for James R. Weiss to appear pro hac vice on behalf of dft (ce)
9
Filed & Entered: 09/18/1996
Order
Docket Text: Order granting [0-1] motion for Thomas W. Burt, William H. Neukom, David A. Heiner to appear pro hac vice on behalf of dft Microsoft signed by DB, 9/17/96. cc: atty (ce)
10
Filed & Entered: 09/30/1996
Order
Docket Text: Order granting [0-1] motion for James R. Weiss to appear pro hac vice on behalf of dft signed by Judge Dee Benson, 9/26/96. cc: atty (ce)
11
Filed & Entered: 10/29/1996
Order Referring Case to Magistrate Judge
Docket Text: Order of Reference signed by DB, 10/24/96, 636(b)(1)(A). Mag to hear/determine all nondispositive pretrial matters. cc: atty (ce)
12
Filed: 10/31/1996
Entered: 11/01/1996
Case Referred to Magistrate Judge
Docket Text: Case referred to Judge Ronald N. Boyce. Cnsl notified (ce)
13
Filed & Entered: 11/06/1996
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Initial Pretrial Conference set for 11:00 2/20/97 To be held before Judge Boyce. cc: atty (ce)
--
Filed & Entered: 12/16/1996
Set/Clear Flags
Docket Text: Case referred to magistrate under 28:636(b)(1)(A). (ss)
14
Filed: 12/18/1996
Entered: 12/19/1996
Order
Docket Text: Order granting [0-1] motion for Ralph H. Palumbo (lead), Lynn M. Engel, Robert D. Fram to appear pro hac vice on behalf of pla signed by Judge Dee Benson, 12/17/96. cc: atty (ce)
15
Filed: 01/07/1997
Entered: 01/08/1997
Terminated: 03/26/1998
Motion for Miscellaneous Relief
Docket Text: Stipulation by Caldera, Microsoft Initial Pretrial Conference to be reset for 1/30/97 at 2:30 p.m. instead of 2/20/97 at 11:00 a.m. , parties to file initial memoranda on issues relating to terms of a disc plan & the terms of a protective order by 1/15/97 & reply memoranda to be filed by 1/24/97 (ce)
16
Filed & Entered: 01/13/1997
Order
Docket Text: Order granting [15-2] stip motion for parties to file initial memoranda on issues relating to terms of a disc & the terms of a protective order by 1/15/97 & reply memoranda to be filed by 1/24/97, Initial Pretrial Conference reset for 2:30 1/30/97 signed by Judge Dee, 1/10/97. cc: atty (ce)
17
Filed: 01/15/1997
Entered: 01/16/1997
Terminated: 04/01/1997
Motion for Protective Order
Docket Text: Motion by Microsoft for protective order (ss)
18
Filed: 01/15/1997
Entered: 01/16/1997
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [17-1] motion for protective order (ss)
19
Filed: 01/15/1997
Entered: 01/16/1997
Declaration
Docket Text: Declaration of Steven L. Holley (ss)
20
Filed: 01/15/1997
Entered: 01/16/1997
Memorandum (NOT to motion)
Docket Text: Memorandum of Microsoft Corp. requesting adoption of its proposed discovery plan (ss)
21
Filed: 01/15/1997
Entered: 01/16/1997
Memorandum (NOT to motion)
Docket Text: Memorandum RE: discovery issues filed by Caldera (ce)
22
Filed: 01/24/1997
Entered: 01/27/1997
Memorandum (NOT to motion)
Docket Text: Reply Memorandum of Caldera re: discovery issues filed pursuant to [16-1] order requesting a reply memo be filed by 1/24/97 (ce)
23
Filed: 01/24/1997
Entered: 01/27/1997
Memorandum (NOT to motion)
Docket Text: Reply Memorandum filed by Microsoft pursuant to [16-1] order that a reply memo be filed by 1/24/97 - reply memo urging adoption of dft's proposed discovery plan & in further support of its motion for a protective order (ce)
23
Filed: 01/24/1997
Entered: 01/27/1997
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [17-1] motion for protective order (ce)
24
Filed: 01/30/1997
Entered: 02/05/1997
Minutes - Miscellaneous
Docket Text: Minute entry: Initial Pretrial Conference held ; cnsl proposed a schedule of procedures to be followed during disc; Crt ruled dft must respond in writing to each demand for disc from pla, incl stmt of previous disc provided to other investigative depts, obj, & a cut-off date; Phase I will be a 120-day period, which may be terminated sooner if the pla finishes reviewing the docs earlier; during Phase I, pla's will provide docs to dfts as well; interrogatories are to be sent prior to depos being taken, & depos re: venue may be taken; mot/protective order argued; Crt granted motion & directed cnsl to work out catagories of confidentiality; proposed order is to be completed w/in 10 days; until protective order is in place, all disc is to be for attys' eyes only; scheduling order deadlines: setting Status conference by 2:30 5/30/97 Jury Trial for 8:30 5/18/98 ; Mr. Jardine is to prepare the order ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Kim Jones (kj)
--
Filed & Entered: 02/10/1997
Transcript
Docket Text: Transcript of Proceedings of Status and Scheduling cnf for dates of 1/30/97 (tl)
25
Filed & Entered: 02/24/1997
Order
Docket Text: Order re: Scheduling & Discover Plan (see order in file for discovery specifics) Status Report and Scheduling Conference set for 2:30 5/30/97 , Six Week Jury trial set for 8:30 5/18/98 signed by Dee Benson, 2/24/97. cc: atty (ce)
26
Filed: 02/26/1997
Entered: 02/27/1997
Certificate of Service
Docket Text: Certificate of service by Microsoft re first set interrog (ce)
27
Filed & Entered: 04/01/1997
Protective Order
Docket Text: Protective Order granting [17-1] motion for protective order re prod of confidential material signed by DB, 3/27/97. cc: atty (ce)
28
Filed & Entered: 04/15/1997
Notice of Filing
Docket Text: Notice of filing by Caldera - notice of change of address & firm affiliation of cnsl Ralph H. Palumbo, Lynn M. Engel (ce)
29
Filed & Entered: 04/25/1997
Certificate of Service
Docket Text: Certificate of service by Caldera re ans to dfts first set interrog (ce)
30
Filed & Entered: 04/28/1997
Certificate of Service
Docket Text: Certificate of service by Microsoft re: dft's resp to the 17 purported "subjects of disc" set forth in pla's purposed disc plan
--
Filed & Entered: 05/02/1997
Terminated: 03/26/1998
Motion for Leave to Appear
Docket Text: Motion by Microsoft for Michael H. Steinberg to appear pro hac vice on behalf of dft (ce)
31
Filed & Entered: 05/15/1997
Terminated: 06/02/1997
Motion to Withdraw as Attorney
Docket Text: Motion by Caldera for M. Laurence Popofsky & Robert D. Fram to withdraw as attorney, attys for pla
32
Filed & Entered: 05/16/1997
Certificate of Service
Docket Text: Certificate of service by Microsoft re notices of depo of Novell, Incl and Caldera, Inc. (ce)
--
Filed & Entered: 05/19/1997
Terminated: 05/19/1997
Motion for Leave to Appear
Docket Text: Motion by Microsoft for Michael H. Steinberg to appear pro hac vice, atty for dft
33
Filed: 05/19/1997
Entered: 05/21/1997
Order
Docket Text: Order granting [0-1] motion for Michael H. Steinberg to appear pro hac vice, atty for dft signed by Judge Dee Benson, 5/17/97. cc: atty. (ksp)
34
Filed & Entered: 05/28/1997
Status Report
Docket Text: SEALED First Status Report filed by Caldera (ce)
35
Filed & Entered: 05/29/1997
Status Report
Docket Text: Status Report and proposed plan for the second phase of discovery filed by Microsoft (ce)
36
Filed: 05/29/1997
Entered: 05/30/1997
Terminated: 03/26/1998
Motion to Strike
Docket Text: Motion by Microsoft to strike [34-1] sealed status report (ce)
37
Filed: 05/29/1997
Entered: 05/30/1997
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [36-1] motion to strike [34-1] sealed status report (ce)
38
Filed: 06/02/1997
Entered: 06/03/1997
Order
Docket Text: Order granting [31-1] motion for M. Laurence Popofsky & Robert D. Fram to withdraw as attys for pla (Terminated attorney Robert D. Fram for Caldera, attorney Laurence Popofsky for Caldera, SO ORDERED signed by Judge Dee Benson, 6/2/97. cc: attys. Modified on 06/03/1997
39
Filed: 06/13/1997
Entered: 06/16/1997
Certificate of Service
Docket Text: Certificate of service by Microsoft re: dfts amd notices of depos of Novell, Inc and Caldera Inc were faxed to cnsl on 6/13/97 (rb)
40
Filed: 06/16/1997
Entered: 06/17/1997
Terminated: 06/23/1997
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength memo in oppo to pla's req/modify the protective order (ce)
41
Filed: 06/16/1997
Entered: 06/17/1997
Memorandum in Opposition to Motion
Docket Text: SEALED Memorandum by Microsoft in opposition to to pla's req/modify the protective order (note: pla's req/modify the proto has not been filed w/crt) (ce)
42
Filed: 06/23/1997
Entered: 06/24/1997
Order
Docket Text: Order granting [40-1] motion for leave to file overlength memo in oppo to pla's req/modify the protective order signed by Judge Dee Benson, 6/17/97. cc: attys
43
Filed & Entered: 06/30/1997
Certificate of Service
Docket Text: Certificate of service by Microsoft re: dft's 1st req for prod of docs
44
Filed: 07/01/1997
Entered: 07/02/1997
Reply Memorandum/Reply to Response to Motion
Docket Text: SEALED Reply by Caldera to response to pla's req/modify the protective order (note: pla's req/modify proto not yet filed w/Crt)
45
Filed: 07/03/1997
Entered: 07/07/1997
Terminated: 07/07/1997
Motion for Leave to File
Docket Text: UNSEALED Motion by Caldera for leave to file overlength rply memo re: Modification of Status Rpt Motion unsealed per Order #665 Modified on 01/27/2000
46
Filed & Entered: 07/07/1997
Order
Docket Text: UNSEALED Order granting [45-1] motion for leave to file overlength rply memo re: Modification of Status Rpt signed by Judge Dee Benson, 7/1/97. cc: attys. To be unsealed purs to Order #665 Modified on 01/27/2000
47
Filed: 07/09/1997
Entered: 07/10/1997
Terminated: 03/26/1998
Motion for Leave to File
Docket Text: Motion by Microsoft to file sur-reply memo in opp to Caldera's req to mod protective order
48
Filed: 07/09/1997
Entered: 07/10/1997
Memorandum in Support of Motion
Docket Text: UNSEALED Memorandum by Microsoft in support of [47-1] motion to file sur-reply memo in opp to Caldera's req to mod protective order. Unsealed purs to Order #665 Modified on 01/27/2000
49
Filed: 07/18/1997
Entered: 07/21/1997
Scheduling Order
Docket Text: Second Scheduling order and disc plan Setting ;Joining of parties, amending of pleadings on 10/1/97 ; Deadline for filing of all motions 6/1/98 ; Deadline for Hearing of all Motions 2:00 8/3/98 ; Final Pretrial Conference for 2:30 10/19/98 ; Two week Jury Trial for 8:30 11/2/98 Expert witness disclosure dates set. Discovery set. See Order in file for specifics re: phase II and III of discovery ( Signed by Judge Dee Benson, 7/16/97. cc: attys )
50
Filed: 07/28/1997
Entered: 07/29/1997
Certificate of Service
Docket Text: Certificate of service by Caldera re: resp to Microsoft's 1st req for prod of docs
51
Filed: 07/31/1997
Entered: 08/01/1997
Terminated: 08/04/1997
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength memo in supp of mot to transf venue to W dist of WA
52
Filed: 08/01/1997
Entered: 08/04/1997
Terminated: 11/18/1997
Motion to Change Venue
Docket Text: SEALED Motion by Microsoft to change/transfer venue to W Dist of WA
53
Filed: 08/01/1997
Entered: 08/04/1997
Exhibits
Docket Text: SEALED Exhibits filed by defendant Microsoft RE: [52-1] motion to change/transfer venue to W Dist of WA
54
Filed: 08/01/1997
Entered: 08/04/1997
Memorandum in Support of Motion
Docket Text: SEALED Memorandum by Microsoft in support of [52-1] motion to change/transfer venue to W Dist of WA
55
Filed & Entered: 08/04/1997
Order
Docket Text: Order granting [51-1] motion for leave to file overlength memo in supp of mot to transf venue to W dist of WA signed by Judge Dee Benson, 8/1/97. cc: attys
56
Filed: 08/11/1997
Entered: 08/12/1997
Notice of Filing
Docket Text: Notice of filing by Caldera re: chg of address for Parkcer C. Folse, III and Susman Godfrey, LLP, cnsl for pla
57
Filed & Entered: 08/20/1997
Certificate of Service
Docket Text: Certificate of service by Microsoft re: 2nd set of interrogs to pla
58
Filed: 08/27/1997
Entered: 08/28/1997
Terminated: 09/18/1997
Motion for Protective Order
Docket Text: Motion by Microsoft for protective order
59
Filed: 08/27/1997
Entered: 08/28/1997
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [58-1] motion for protective order
60
Filed: 09/03/1997
Entered: 09/04/1997
Terminated: 09/08/1997
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file overlength memo in opp to mot/transf venue
61
Filed: 09/03/1997
Entered: 09/04/1997
Memorandum in Opposition to Motion
Docket Text: SEALED Memorandum by Caldera in opposition to [52-1] motion to change/transfer venue to W Dist of WA
62
Filed & Entered: 09/08/1997
Order
Docket Text: Order granting [60-1] motion for leave to file overlength memo in opp to mot/transf venue signed by Judge Dee Benson, 9/3/97. cc: attys
63
Filed & Entered: 09/12/1997
Reply Memorandum/Reply to Response to Motion
Docket Text: SEALED Reply by Microsoft to response to [52-1] motion to change/transfer venue to W Dist of WA
64
Filed: 09/15/1997
Entered: 09/16/1997
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [58-1] motion for protective order
65
Filed: 09/15/1997
Entered: 09/16/1997
Certificate of Service
Docket Text: Certificate of service by Caldera re: pla's obj to dft's 2nd set of interrogs
66
Filed: 09/16/1997
Entered: 09/17/1997
Objections
Docket Text: Objections by Novell Inc re: subp from dft Microsoft served on 7/11/97
67
Filed: 09/18/1997
Entered: 09/19/1997
Withdrawal of Motion
Docket Text: Ntc of Withdrawal of [58-1] dft's motion for protective order
68
Filed: 09/26/1997
Entered: 09/29/1997
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing miscellaneous hearing set for 10:00 10/15/97 for [66-1] Novell's objection to subp from dft Microsoft seved on 7/11/97 To be held before Judge Boyce
69
Filed: 09/30/1997
Entered: 10/01/1997
Return of Service
Docket Text: Return of service executed re: subpoena's issued to Packard Bell Nec, c/o Samuel Surloff, 9/24/97; Dell Computer, c/o Paula E. Boggs, 9/23/97; and to Digital Equip., c/o Gil Mann, 9/24/97.
70
Filed: 10/01/1997
Entered: 10/02/1997
Terminated: 02/12/1998
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file 1st amd cmp
71
Filed: 10/01/1997
Entered: 10/02/1997
Memorandum in Support of Motion
Docket Text: Memorandum by Caldera in support of [70-1] motion for leave to file 1st amd cmp. Doc is oversized placed in Volume A. Modified on 01/23/2003
72
Filed: 10/06/1997
Entered: 10/07/1997
Exhibits
Docket Text: AMENDED Exhibits to Memo in Support filed by plaintiff Caldera RE: [70-1] motion for leave to file 1st amd cmp. Doc is oversized and placed in Volume B. Modified on 01/23/2003
73
Filed & Entered: 10/14/1997
Return of Service
Docket Text: Return of service executed re: subp issued to Zenith Electronics Corp, c/o Richard Vitkus, 10/1/97
74
Filed & Entered: 10/14/1997
Terminated: 10/15/1997
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file overlength memo in support re: mot/compel
76
Filed: 10/14/1997
Entered: 10/15/1997
Memorandum in Support of Motion
Docket Text: Memorandum by Caldera in support of [75-1] motion to compel prod of docs
75
Filed & Entered: 10/15/1997
Terminated: 02/11/1998
Motion to Compel
Docket Text: Motion by Caldera to compel prod of docs
77
Filed: 10/15/1997
Entered: 10/16/1997
Order
Docket Text: Order granting [74-1] motion for leave to file overlength memo in support re: mot/compel signed by Judge Ronald N. Boyce, 10/15/97. cc: attys
78
Filed: 10/16/1997
Entered: 10/17/1997
Terminated: 10/21/1997
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength memo/opp to mot/leave to file 1st amd cmp
79
Filed: 10/16/1997
Entered: 10/17/1997
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [70-1] motion for leave to file 1st amd cmp
80
Filed & Entered: 10/20/1997
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 1:30 11/12/97 for [52-1] motion to change/transfer venue to W Dist of WA To be held before Judge Boyce
81
Filed: 10/21/1997
Entered: 10/22/1997
Order
Docket Text: Order granting [78-1] motion for leave to file overlength memo/opp to mot/leave to file 1st amd cmp signed by Judge Samuel Alba, 10/16/97. cc: attys
82
Filed: 10/23/1997
Entered: 10/24/1997
Terminated: 09/28/1998
Motion to Compel
Docket Text: Motion by Microsoft to compel pla resp to 2nd set of interrogs
83
Filed: 10/23/1997
Entered: 10/24/1997
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [82-1] motion to compel pla resp to 2nd set of interrogs
84
Filed & Entered: 10/27/1997
Return of Service
Docket Text: Return of service executed re: subp issued to Novell, Inc., 10/22/97, c/o L. Jimanez, Agent
85
Filed & Entered: 10/27/1997
Return of Service
Docket Text: Return of service executed re: subp issued to Novell, Inc., c/o S. Streeper, Agent, 5/6/97
86
Filed & Entered: 10/27/1997
Return of Service
Docket Text: Return of service executed re: subp issued to Novell, Inc., c/o Cindy Paul, Agent, 7/11/97
87
Filed: 10/27/1997
Entered: 10/28/1997
Certificate of Service
Docket Text: Certificate of service by Microsoft re: ntc of depo to Novell, Inc.
88
Filed & Entered: 10/28/1997
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 2:00 12/3/97 for [82-1] dft's motion to compel pla resp to 2nd set of interrogs To be held before Judge Boyce
89
Filed: 10/28/1997
Entered: 10/29/1997
Terminated: 10/30/1997
Stipulation
Docket Text: Stipulation filed by Caldera, Microsoft RE: dft's resp to pla's mot/compel prod of docs due 11/11/97; pla's rply memo on mot/leave to file 1st amd cmp due 11/11/97
90
Filed & Entered: 10/29/1997
Notice - Miscellaneous
Docket Text: Amended Magistrate Notice of Hearing Motion hearing set for 1:30 11/12/97 for [70-1] motion for leave to file 1st amd cmp To be held before Judge Boyce
91
Filed: 10/30/1997
Entered: 10/31/1997
Order
Docket Text: Order granting [89-1] stipulation re: dft's resp to Caldera's mot/compel prod of docs due 11/11/97; Caldera's rply memo on mot/leave to file 1st amd cmp is due 11/11/97 signed by Judge Ronald N. Boyce, 10/29/97.
92
Filed: 10/31/1997
Entered: 11/03/1997
Notice - Miscellaneous
Docket Text: AMENDED Magistrate Notice of Hearing Motion hearing reset for 10:00 11/18/97 for [52-1] motion to change/transfer venue to W Dist of WA To be held before Judge Boyce
93
Filed: 10/31/1997
Entered: 11/03/1997
Certificate of Service
Docket Text: Certificate of service by Microsoft re: ntc of depo of Novell
94
Filed: 11/06/1997
Entered: 11/07/1997
Certificate of Service
Docket Text: Certificate of service by Caldera re: 2nd req for prod of docs to dft Microsoft
95
Filed & Entered: 11/12/1997
Reply Memorandum/Reply to Response to Motion
Docket Text: Sealed Reply by Caldera to response to [70-1] motion for leave to file 1st amd cmp
96
Filed & Entered: 11/12/1997
Declaration
Docket Text: Sealed Declaration of Stephen J. Hill
97
Filed: 11/12/1997
Entered: 11/13/1997
Terminated: 11/17/1997
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength memo/opp to pla's mot/compel prod of docs
98
Filed: 11/12/1997
Entered: 11/13/1997
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [75-1] motion to compel prod of docs
99
Filed: 11/12/1997
Entered: 11/13/1997
Exhibits
Docket Text: Exhibits filed by defendant Microsoft RE: [98-1] opposition memorandum to pla's mot/compel prod of docs. Doc is oversized and placed in Volume B. Modified on 01/23/2003
100
Filed: 11/13/1997
Entered: 11/14/1997
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [82-1] motion to compel pla resp to 2nd set of interrogs
101
Filed & Entered: 11/17/1997
Order
Docket Text: Order granting [97-1] dft's motion for leave to file overlength memo/opp to pla's mot/compel prod of docs signed by Judge Ronald N. Boyce, 11/13/97. cc: attys
102
Filed & Entered: 11/18/1997
Minutes - Miscellaneous
Docket Text: Minute entry: Before the Ct is dfts motion to change venue to the W Dist of WA. Argument heard. Ct denies [52-1] motion to change/transfer venue to W Dist of WA. Ct reqs that pla's cnsl prepare a proposed order and submit it to dfts cnsl so that both sides can stipulate to the order before submission to the Ct. Judge: RNB Court Reporter: Electronic Court Deputy: Ron Black (rb)
--
Filed & Entered: 11/19/1997
Utility - Miscellaneous
Docket Text: Judge Boyce told chambers to change trial time from 2 weeks to 6 weeks. (ksp)
103
Filed: 11/26/1997
Entered: 12/01/1997
Terminated: 02/11/1998
Motion to Compel
Docket Text: Motion by Microsoft to compel prod of docs withheld on ground of the atty-client privlege
104
Filed: 11/26/1997
Entered: 12/01/1997
Memorandum in Support of Motion
Docket Text: Sealed Memorandum by Microsoft in support of [103-1] motion to compel prod of docs withheld on ground of the atty-client privlege Modified on 12/01/1997
105
Filed: 11/26/1997
Entered: 12/01/1997
Exhibits
Docket Text: Sealed Exhibits filed by defendant Microsoft RE: [103-1] motion to compel prod of docs withheld on ground of the atty-client privlege
106
Filed: 12/01/1997
Entered: 12/02/1997
Reply Memorandum/Reply to Response to Motion
Docket Text: SEALED Reply by Caldera to response to [75-1] motion to compel prod of docs Modified on 02/15/2000
107
Filed: 12/02/1997
Entered: 12/03/1997
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [82-1] motion to compel pla resp to 2nd set of interrogs
108
Filed: 12/03/1997
Entered: 12/04/1997
Terminated: 12/03/1997
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file overlength rply memo in supp of Caldera's mot/comp prod of docs Modified on 03/14/2000
109
Filed: 12/03/1997
Entered: 12/04/1997
Order
Docket Text: Order granting [108-1] motion for leave to file overlength rply memo in supp of Caldera's mot/comp prod of docs signed by Judge Ronald N. Boyce, 12/3/97. cc: attys Modified on 04/02/1998
110
Filed & Entered: 12/05/1997
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 9:30 12/16/97 for [82-1] dft's motion to compel pla resp to 2nd set of interrogs, set for 9:30 12/16/97 for [75-1] pla's motion to prod of docs, set for 9:30 12/16/97 for [70-1] pla's motion for leave to file 1st amd cmp To be held before Judge Boyce
111
Filed: 12/05/1997
Entered: 12/08/1997
Objections
Docket Text: Objections by Microsoft to Caldera's 1st set of interrogs
112
Filed: 12/09/1997
Entered: 12/10/1997
Notice of Hearing
Docket Text: Notice of Hearing filed by plaintiff Caldera : Motion hearing set for 9:30 12/16/97 for [82-1] motion to compel pla resp to 2nd set of interrogs, set for 9:30 12/16/97 for [75-1] motion to compel prod of docs, set for 9:30 12/16/97 for [70-1] motion for leave to file 1st amd cmp , miscellaneous hearing set for 2:45 12/22/97 for Caldera's req to modify protective order (req not filed w/Court) To be held before Judge RNB
113
Filed: 12/12/1997
Entered: 12/15/1997
Certificate of Service
Docket Text: Certificate of service by Caldera re: Caldera's objections and responses to Microsoft's 2nd set of interrogs
114
Filed & Entered: 12/15/1997
Order
Docket Text: Order denying [52-1] motion to change/transfer venue to W Dist of WA signed by Judge Ronald N. Boyce, 12/12/97. cc: attys
115
Filed: 12/15/1997
Entered: 12/16/1997
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [103-1] motion to compel prod of docs withheld on ground of the atty-client privlege
116
Filed & Entered: 12/16/1997
Minutes - Miscellaneous
Docket Text: Minute entry: Before the Ct is Caldera's Motion to Amd the Cmp and Motion to Compel Production of Docs. Argument heard. Ct denies Caldera's Motion to Amend Complaint in its current form. The pla's will have ten days to refile a draft form of a proposed amd cmp with the necessary changes as discussed. The dfts will have ten days to resp after the proposed draft has been submitted. Pla's to prepare the order. Argument was heard on Caldera's Motion to Compell prod of docs. Hearing cont to 12/22/97 at 2:45 p.m. Judge: RNB Court Reporter: Electronic Court Deputy: Ron Black (rb)
117
Filed & Entered: 12/19/1997
Terminated: 12/23/1997
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file 2nd draft of 1st amd cmp
118
Filed & Entered: 12/19/1997
Memorandum in Support of Motion
Docket Text: Memorandum by Caldera in support of [117-1] motion for leave to file 2nd draft of 1st amd cmp
119
Filed & Entered: 12/22/1997
Minutes - Miscellaneous
Docket Text: Minute entry: Cnsl present. Ct notifies cnsl that no modifications to the P.O. has been filed. Ct reqs that the Motion to Modify the P.O. be filed asap. Hearing on that motion will be cont to 1/9/98 at 1:30 p.m. Ct resumes hearing on Pla's Motion to Compel. Argument heard. Ct grants in part and denies in part Pla's Motion to Compel. For specifics see order in file. Judge: RNB Court Reporter: Electronic Court Deputy: Ron Black (rb)
120
Filed & Entered: 12/23/1997
Order
Docket Text: Order granting [117-1] motion for leave to file 2nd draft of 1st amd cmp signed by Judge Ronald N. Boyce 12/23/97 cc:attys (tl)
121
Filed: 12/23/1997
Entered: 12/24/1997
Terminated: 12/29/1997
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength reply memo in supp of dft's mot/compel prod doc improperly withheld on grounds of atty-client privilege (ce)
122
Filed: 12/23/1997
Entered: 12/24/1997
Reply Memorandum/Reply to Response to Motion
Docket Text: SEALED Reply by Microsoft to response to [103-1] motion to compel prod of docs withheld on ground of the atty-client privlege (ce)
123
Filed: 12/29/1997
Entered: 12/30/1997
Order
Docket Text: Order granting [121-1] motion for leave to file overlength reply memo in supp of dft's mot/compel prod doc improperly withheld on grounds of atty-client privilege signed by Judge Ronald N. Boyce, 12/29/97. cc: attys
124
Filed: 12/29/1997
Entered: 12/30/1997
Errata
Docket Text: Sealed Errata to dft's [122-1] response reply in support of mot/compel prod of docs improperly withheld on grounds of atty-client privilege filed by Microsoft .
125
Filed: 12/30/1997
Entered: 12/31/1997
Return of Service
Docket Text: Return of service executed re: subpeona's issued to Packard Bell NEC, c/o Scott Dunbar, Woodland Hills, CA, 12/22/97; Digital Equip, c/o Joane Keene, Maynard, MA, 12/22/97; Dell Computer Corp, c/o Paula E. Boggs, Round Rock, TX, 12/19/97; Hewlett-Packard, c/o Karen Leonard, Palo Alto, CA, 12/23/97
126
Filed: 12/31/1997
Entered: 01/05/1998
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [117-1] motion for leave to file 2nd draft of 1st amd cmp
127
Filed: 01/07/1998
Entered: 01/08/1998
Reply Memorandum/Reply to Response to Motion
Docket Text: Sealed Reply by Caldera to response to [117-1] motion for leave to file 2nd draft of 1st amd cmp
128
Filed: 01/07/1998
Entered: 01/08/1998
Terminated: 10/06/1998
Motion to Amend/Correct
Docket Text: Motion by Caldera to amend [27-1] protective order to replace "highly confid" with "trade secret"
--
Filed & Entered: 01/12/1998
Transcript
Docket Text: Transcript of Prcdgs on Mot to Modify Protective Ord & on Pla's Mot to Compel for date of 12/22/97
--
Filed & Entered: 01/12/1998
Transcript
Docket Text: Transcript of Proceedings on Motion to Change Venue for date of 11/18/97
129
Filed: 01/13/1998
Entered: 01/14/1998
Return of Service
Docket Text: Return of service executed re: subp served upon Compaq Computer, 12/23/97
--
Filed: 01/15/1998
Entered: 01/16/1998
Transcript
Docket Text: Transcript of Proceedings re: mot to amd cmp/mot to compel disc for date of 12/16/97
130
Filed: 01/15/1998
Entered: 01/16/1998
Declaration
Docket Text: Sealed Declaration of Charles R. Eskridge III
131
Filed: 01/15/1998
Entered: 01/16/1998
Reply Memorandum/Reply to Response to Motion
Docket Text: Sealed Reply Memo by Caldera to response to [75-1] motion to compel prod of docs
132
Filed: 01/22/1998
Entered: 01/23/1998
Terminated: 04/14/1998
Motion to Compel
Docket Text: Motion by Microsoft to compel Novell to comply w/document subpoena
133
Filed: 01/22/1998
Entered: 01/23/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [132-1] motion to compel Novell to comply w/document subpoena
134
Filed: 01/22/1998
Entered: 01/23/1998
Declaration
Docket Text: Declaration of Michael H. Steinberg Re: [132-1] motion to compel Novell to comply w/document subpoena
135
Filed: 01/22/1998
Entered: 01/23/1998
Terminated: 01/26/1998
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength memo in supp of mot/compel Novell to comply with doc subp
138
Filed: 01/22/1998
Entered: 01/26/1998
Terminated: 02/11/1998
Motion to Vacate
Docket Text: Motion by Microsoft to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan , and to schedule additional Pretrial Conference
139
Filed: 01/22/1998
Entered: 01/26/1998
Terminated: 01/29/1998
Motion to Expedite
Docket Text: Motion by Microsoft to expedite hrg of mot to vacate dates in 2nd sched order (mot #138) re: scheduling and disc plan
140
Filed: 01/22/1998
Entered: 01/26/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [139-1] motion to expedite hrg of mot to vacate dates in 2nd sched order (mot #138) re: scheduling and disc plan
141
Filed: 01/22/1998
Entered: 01/26/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [138-1] motion to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan, [138-2] motion for additional Pretrial Conference
136
Filed: 01/23/1998
Entered: 01/26/1998
Return of Service
Docket Text: Return of service executed re: subp issued to Acer Amer Corp, c/o Michael Tung, 1/7/98
137
Filed: 01/23/1998
Entered: 01/26/1998
Notice of Hearing
Docket Text: Amended Notice of Hearing filed by plaintiff Caldera : Motion hearing set for 2:00 1/28/98 for [128-1] motion to amend [27-1] protective order to replace "highly confid" with "trade secret", set for 2:00 1/28/98 for [117-1] motion for leave to file 2nd draft of 1st amd cmp, set for 2:00 for [103-1] motion to compel prod of docs withheld on of the atty-client privlege To be held before Judge RNB
142
Filed: 01/26/1998
Entered: 01/27/1998
Order
Docket Text: Order granting [135-1] dft's motion for leave to file overlength memo in supp of mot/compel Novell to comply with doc subp signed by Judge Ronald N. Boyce, 1/24/98. cc: attys
143
Filed & Entered: 01/27/1998
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 2:00 3/2/98 for [132-1] dft's motion to compel Novell to comply w/document subpoena To be held before Judge Boyce
144
Filed & Entered: 01/28/1998
Stipulation
Docket Text: Stipulation filed by Caldera, Microsoft RE: dft's mot/compel ans to 2nd set of interrogs is resolved. Pla served obj & resp to dft's 2nd set of interrogs on 12/11/97; dft's 2nd set of interrogs nos 21-22 & their subparts count as only two interrogs; pla's 1st set of interrogs no 1-7, subparts shall count as 7 interrogs all w/in the meaning of paragraph 3H of 2nd sched order
145
Filed: 01/28/1998
Entered: 01/29/1998
Certificate of Service
Docket Text: Certificate of service by Microsoft re: ans to Caldera's 1st set of interrogs
146
Filed & Entered: 01/29/1998
Notice of Hearing
Docket Text: Notice of Hearing filed by defendant Microsoft : Motion hearing set for 2:00 2/11/98 for [138-1] motion to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan, set for 2:00 2/11/98 for [138-2] motion for additional Pretrial Conference To be held before Judge RNB
147
Filed & Entered: 01/30/1998
Certificate of Service
Docket Text: Certificate of service re: [22-1] mot to expedite; memo in support of mot to expedite filed, [21-1] mot to vacate dates in 2nd order re: sched and disc filed by Microsoft
148
Filed: 01/30/1998
Entered: 02/02/1998
Notice - Miscellaneous
Docket Text: AMENDED Magistrate Notice of Hearing Motion hearing set for 2:30 2/11/98 for [138-1] motion to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan To be held before Judge Boyce. (no copies mailed to attys)
149
Filed: 02/06/1998
Entered: 02/09/1998
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [138-1] motion to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan, [138-2] motion additional Pretrial Conference
150
Filed: 02/09/1998
Entered: 02/10/1998
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [138-1] motion to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan, [138-2] motion additional Pretrial Conference
151
Filed & Entered: 02/10/1998
Terminated: 02/10/1998
Motion for Extension of Time
Docket Text: Stipulation by Microsoft, Novell Inc stip to extend time to 2/9/98 for Novell to resp to Microsoft's mot/compel Novell to comply w/doc subpeonas
152
Filed & Entered: 02/10/1998
Order
Docket Text: Order granting [151-1] stip to extend time to 2/9/98 for Novell to resp to Microsoft's mot/compel Novell to comply w/doc subpeonas signed by Judge Dee , 2/10/98 cc: attys
153
Filed: 02/11/1998
Entered: 02/12/1998
Minutes - Miscellaneous
Docket Text: Minute entry: granting [138-1] motion to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan granting [138-2] motion additional Pretrial Conference, terminated deadlines , 4 week Jury trial reset for 8:30 6/7/99 before Judge Benson , motion filing deadline reset for 1/11/99 , status cnf/preliminary Final pretrial reset for 2:30 4/26/99 before Judge Benson , Final Pretrial Conference set for 2:30 5/20/99 before Judge Benson Further hrg will be scheduled in late March. Cnsl to prepare a stip/order on what was previously agreeded upon. Judge: Ronald N. Boyce, Court Reporter: Electronic Court Deputy: Trisha Little (tl)
157
Filed: 02/11/1998
Entered: 02/17/1998
Order
Docket Text: Order granting in part, denying in part [75-1] Caldera's motion to compel prod of docs signed by Judge Ronald N. Boyce , 2/11/98 cc: attys
158
Filed: 02/11/1998
Entered: 02/17/1998
Order
Docket Text: Order granting [117-1] Caldera's motion for leave to file 2nd draft of 1st amd cmp, granting [103-1] Microsoft's motion to compel prod of docs withheld on ground of the atty-client privilege signed by Judge Ronald N. Boyce , 2/11/98 cc: attys
154
Filed & Entered: 02/12/1998
Memorandum in Opposition to Motion
Docket Text: Memorandum by Novell Inc in opposition to [132-1] Microsoft's motion to compel Novell to comply w/document subpoena
155
Filed & Entered: 02/12/1998
Affidavit
Docket Text: Affidavit of Jim Lundberg, Esq
156
Filed: 02/12/1998
Entered: 02/13/1998
Amended Complaint
Docket Text: Amended complaint by Caldera added party(ies): None. Amends [1-1] complaint; jury demand. See Order #158 allowing the filing of amd cmp (mjm) Modified on 02/17/1998
159
Filed: 02/18/1998
Entered: 02/19/1998
Notice of Filing
Docket Text: Notice of filing re: [155-1] affidavit of Jim Lundberg by Novell Inc re: orig signature page of Jim Lundberg's aff dtd 2/11/98
160
Filed: 02/23/1998
Entered: 02/24/1998
Terminated: 01/11/2000
Answer to Amended Complaint
Docket Text: Answer by Microsoft to first amended complaint
161
Filed: 02/23/1998
Entered: 02/24/1998
Terminated: 03/03/1998
Motion for Extension of Time
Docket Text: Stipulation by Microsoft, Novell Inc stip to extend time to 2/27/98 for Microsoft to file rply memo in supp of their mot/compel prod of docs from Novell
162
Filed: 02/26/1998
Entered: 02/27/1998
Terminated: 03/03/1998
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file dfts overlength rply memo in supp of its mot/compel Novell to comply w/doc subp
163
Filed: 02/26/1998
Entered: 02/27/1998
Reply Memorandum/Reply to Response to Motion
Docket Text: Sealed Reply by Microsoft to response to [132-1] motion to compel Novell to comply w/document subpoena
164
Filed & Entered: 03/02/1998
Minutes - Miscellaneous
Docket Text: Minute entry:Discussion held. Arguments heard. Ct directs cnsl, by 3/6/98, to go over specifically what is requested in doc subp that is not provided. When all efforts are exhausted cnsl is to contact Judge Boyce's chamber for another hearing date. [132-1] motion to compel Novell to comply w/document subpoena not ruled on; Judge: Ronald N. Boyce Court Reporter: Laura Robinson Court Deputy: Trisha Little (tl)
165
Filed & Entered: 03/03/1998
Order
Docket Text: Order granting [162-1] motion for leave to file dfts overlength rply memo in supp of its mot/compel Novell to comply w/doc subp signed by Judge Ronald N. Boyce , 3/2/98 cc: attys
166
Filed & Entered: 03/03/1998
Order
Docket Text: Order granting [161-1] stip to extend time to 2/27/98 for Microsoft to file rply memo in supp of their mot/compel prod of docs from Novell signed by Judge Ronald N. Boyce , 3/2/98
167
Filed: 03/06/1998
Entered: 03/09/1998
Certificate of Service
Docket Text: Certificate of service by Microsoft re: dft's 3d set of interrogs to pla
168
Filed & Entered: 03/16/1998
Scheduling Order
Docket Text: Third Amd Scheduling order Setting; Status Conference for 2:30 4/26/99; Deadline for filing of all motions 1/11/99 ; Discovery cutoff 9/15/98; expert discovery cut off 12/2/98 ; Final Pretrial Conference for 2:30 5/20/99; 4 wk Jury Trial for 8:30 6/7/99 ( Signed by Judge Ronald N. Boyce, 3/13/98. cc: attys)
169
Filed: 03/18/1998
Entered: 03/19/1998
Terminated: 03/20/1998
Stipulation
Docket Text: Stipulation filed by Caldera, Microsoft and Veritest, Inc. RE: prod of docs in resp to subpoena. Docs produced by Veritest may be confidential and are subj to the proto entered on 3/27/97 and may be submitted under seal
170
Filed: 03/20/1998
Entered: 03/23/1998
Order
Docket Text: Order granting [169-1] stip re: Veritest's subp for prod of docs may contain confidential info and are subj to proto entered on 3/27/97 and may be submitted under seal signed by Judge Ronald N. Boyce , 3/20/98
171
Filed & Entered: 03/23/1998
Return of Service
Docket Text: Return of service executed re: subp issued to Richard Dixon, personally, 3/18/98
172
Filed & Entered: 04/01/1998
Terminated: 04/07/1998
Motion to Produce
Docket Text: Stipulation by Caldera, Microsoft, IBM stip/mot to produce docs in resp to subp
173
Filed & Entered: 04/03/1998
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 9:45 4/14/98 for [132-1] motion to compel Novell to comply w/document subpoena To be held before Judge Boyce
174
Filed: 04/07/1998
Entered: 04/08/1998
Order
Docket Text: Order granting [172-1] stip/mot b/w Caldera, Microsoft & IBM to produce docs in resp to subp. Docs may be submitted as "attys' eyes only" and are subj to same terms of protective order signed by Judge Ronald N. Boyce , 4/7/98.
175
Filed: 04/08/1998
Entered: 04/09/1998
Certificate of Service
Docket Text: Certificate of service by Caldera re: Caldera's obj & resp to Microsoft's 3d set of interrogs
176
Filed: 04/10/1998
Entered: 04/13/1998
Terminated: 09/28/1998
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength suppl memo/supp of mot/compel Novell to comply with doc subp and to identify the manner in which it has complied w/subp
177
Filed: 04/10/1998
Entered: 04/13/1998
Memorandum in Support of Motion
Docket Text: Suppl Memorandum by Microsoft in support of [132-1] motion to compel Novell to comply w/document subpoena and to identify the manner in which it has complied with subp
178
Filed & Entered: 04/13/1998
Terminated: 01/11/2000
Response (NOT to motion)
Docket Text: Response by Novell Inc to [177-1] suppl support memorandum of Microsoft re: doc compliance w/subp
179
Filed & Entered: 04/14/1998
Minutes - Miscellaneous
Docket Text: Minute entry: Args hrd on status of disc items that have been req'd. Agreements made. Motion resolved. Order to be prepared by Microsoft to reflect decisions. Mooting [132-1] motion to compel Novell to comply w/document subpoena ; Judge: RNB Court Reporter: Karen Murakami Court Deputy: Trisha Little (tl)
180
Filed: 04/14/1998
Entered: 04/15/1998
Certificate of Service
Docket Text: Certificate of service by Microsoft re: Microsoft's answers to discovery req nos 1,2,3,4 & 6
181
Filed & Entered: 04/22/1998
Return of Service
Docket Text: Return of service executed re: subp issued to Deborah O'Connell, personally,, 4/4/98
182
Filed: 04/28/1998
Entered: 04/29/1998
Objections
Docket Text: Objections by Novell Inc to Microsoft's Proposed form of Order to Microsoft's Mot/Compel
183
Filed: 04/30/1998
Entered: 05/01/1998
Affidavit
Docket Text: Affidavit of John P. Mullen (mjm)
184
Filed & Entered: 05/05/1998
Return of Service
Docket Text: Return of service executed re: ntc of doc deposition of Corel Corp (USA), Inc.
185
Filed & Entered: 05/07/1998
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing miscellaneous hearing set for 10:00 5/21/98 for proposed order on Microsoft's mot/compel Novell to comply with document subp To be held before Judge Boyce
186
Filed: 05/07/1998
Entered: 05/08/1998
Affidavit
Docket Text: Affidavit of Jim Lundberg, Esq. Re: search for mktg docs
187
Filed: 05/13/1998
Entered: 05/14/1998
Affidavit
Docket Text: Affidavit of Jim Lundberg, Esq. Re: search for marketing documents
188
Filed: 05/14/1998
Entered: 05/15/1998
Order
Docket Text: Order mooting [132-1] motion to compel Novell to comply w/document subpoena. Motion resolved. Novell shall search for & produce materials nlt 5/5/98 signed by Judge Ronald N. Boyce , 5/13/98 cc: attys (see order in file for specifics)
189
Filed & Entered: 05/21/1998
Certificate of Service
Docket Text: Certificate of service by Microsoft re: ntc of depo of Steve Tucker
190
Filed & Entered: 05/21/1998
Certificate of Service
Docket Text: Certificate of service by Microsoft re: Microsoft's 2d req for prod of docs/things
191
Filed: 06/03/1998
Entered: 06/04/1998
Certificate of Service
Docket Text: Certificate of service by Microsoft re: first request for admissions. (asb)
193
Filed: 06/04/1998
Entered: 06/10/1998
Return of Service
Docket Text: Return of service executed re: subp issued to Morgan Stanley & Co, c/o L. Jimanez, Agent, 6/1/98
192
Filed & Entered: 06/09/1998
Return of Service
Docket Text: Return of service executed re: subp issued to Cooper & Lybrand, c/o Jim Karkas, Office Mgr, 6/2/98, San Jose, CA
194
Filed & Entered: 06/10/1998
Return of Service
Docket Text: Return of service executed re: subp issued to Ernst & Young, c/o Fin Most, Custodian of Records, 6/2/98
195
Filed & Entered: 06/12/1998
Motion/Order Pro Hac Vice
Docket Text: Motion and Order signed by Judge Dee Benson , 6/12/98 cc:atty . Granting motion /PHV for Attorney: Jay Holtmeier on behalf of defendant Microsoft
196
Filed: 06/12/1998
Entered: 06/15/1998
Terminated: 06/18/1998
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength mem/sup re: expedited mot/compel prod of docs withheld based on alleged atty work product protection
197
Filed: 06/12/1998
Entered: 06/15/1998
Terminated: 09/28/1998
Motion to Compel
Docket Text: Expedited Motion by Microsoft to compel prod of docs withheld based on alleged atty work production protection
197
Filed: 06/12/1998
Entered: 06/15/1998
Request
Docket Text: Request for hrg filed by Microsoft re: [197-1] expedited motion to compel prod of docs withheld based on alleged atty work production protection
198
Filed: 06/12/1998
Entered: 06/15/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [197-1] expedited motion to compel prod of docs withheld based on alleged atty work production protection
--
Filed: 06/18/1998
Entered: 06/19/1998
Transcript
Docket Text: Transcript of Proceedings for dates of 4/14/98 (mjm)
199
Filed: 06/18/1998
Entered: 06/19/1998
Order
Docket Text: Order granting [196-1] motion for leave to file overlength mem/sup re: expedited mot/compel prod of docs withheld based on alleged atty work product protection signed by Judge Ronald N. Boyce , 6/17/98. cc: atty (ce)
200
Filed: 06/23/1998
Entered: 06/24/1998
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 2:00 7/16/98 Rm 477 for [197-1] motion to compel prod of docs withheld based on alleged atty work production protection To be held before Judge Boyce (mjm)
201
Filed: 06/24/1998
Entered: 06/25/1998
Terminated: 06/30/1998
Stipulation
Docket Text: Stipulation filed by Caldera, Microsoft RE: exchange of lists of trial witnesses (not including expert witnesses or trial rebuttal witnesses) on 8/3/98 (ce)
202
Filed: 06/25/1998
Entered: 06/26/1998
Return of Service
Docket Text: Return of service of subpoena executed as to Novell, Inc. served on Tally Burke-Ellison (agent) on 6/22/98
203
Filed & Entered: 06/30/1998
Order
Docket Text: Order granting [201-1] stip re: exchange of witness lists to 8/3/98 signed by Judge Dee Benson , 6/29/98
204
Filed: 06/30/1998
Entered: 07/01/1998
Objections
Docket Text: Objections by Novell Inc to subpoena of Microsoft dtd 6/22/98
205
Filed: 06/30/1998
Entered: 07/01/1998
Terminated: 09/28/1998
Motion to Quash
Docket Text: Motion by Novell Inc to quash subpoena dtd 6/22/98
206
Filed: 07/01/1998
Entered: 07/02/1998
Return of Service
Docket Text: Return of service executed re: subpoena issued to Unterberg harris c/o Monica Fox 6/3/98 (mjm)
207
Filed: 07/01/1998
Entered: 07/02/1998
Return of Service
Docket Text: Return of service executed re: subpoena svd on Deutsch Bank Securities c/o Jane Doe - Receptionist on 6/23/98 (mjm)
208
Filed: 07/01/1998
Entered: 07/02/1998
Return of Service
Docket Text: Return of service executed of subpoena svd on Sun Microsystems Computer c/o Maria Sanchez on 6/17/98 (mjm)
209
Filed: 07/01/1998
Entered: 07/02/1998
Return of Service
Docket Text: Return of service executed re: subpoena issued to Apple Computer c/o Maria Sanchez 6/17/98 (mjm)
210
Filed: 07/03/1998
Entered: 07/06/1998
Terminated: 07/28/1998
Motion to Intervene
Docket Text: Motion by Novell Inc to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell
211
Filed: 07/03/1998
Entered: 07/06/1998
Response - Miscellaneous
Docket Text: Joint Memorandum by Caldera, Novell Inc in opposition to [197-1] motion to compel prod of docs withheld based on alleged work production protection in support of [210-1] motion to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell
212
Filed & Entered: 07/06/1998
Terminated: 07/28/1998
Motion to Compel
Docket Text: Motion by Caldera to compel prod of OEM license databases
212
Filed & Entered: 07/06/1998
Request
Docket Text: Expedited Request for hrg filed by Caldera re: [212-1] motion to compel prod of OEM license databases
213
Filed & Entered: 07/06/1998
Memorandum in Support of Motion
Docket Text: Sealed Memorandum by Caldera in support of [212-1] motion to compel prod of OEM license databases
214
Filed & Entered: 07/06/1998
Exhibits
Docket Text: Sealed Exhibits filed by plaintiff Caldera RE: [212-1] motion to compel prod of OEM license databases
215
Filed & Entered: 07/06/1998
Terminated: 07/14/1998
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file overlength mem/supp of mot/compel prod of OEM License Databases
216
Filed & Entered: 07/07/1998
Terminated: 07/28/1998
Motion to Compel
Docket Text: Motion by Caldera to compel prod of software source code
216
Filed & Entered: 07/07/1998
Request
Docket Text: Request for expedited hrg filed by Caldera re: [216-1] motion to compel prod of software source code
217
Filed & Entered: 07/07/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Caldera in support of [216-1] hearing requested, [216-1] motion to compel prod of software source code
218
Filed & Entered: 07/07/1998
Exhibits
Docket Text: Exhibits filed by plaintiff Caldera RE: [216-1] motion to compel prod of software source code
219
Filed & Entered: 07/14/1998
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 3:30 7/22/98 for [216-1] motion to compel prod of software source code To be held before Judge Boyce. cc: attys
220
Filed: 07/14/1998
Entered: 07/15/1998
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [210-1] motion to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell
220
Filed: 07/14/1998
Entered: 07/15/1998
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [197-1] motion to compel prod of docs withheld based on alleged atty work production protection
221
Filed: 07/14/1998
Entered: 07/15/1998
Order
Docket Text: Order granting [215-1] motion for leave to file overlength mem/supp of mot/compel prod of OEM License Databases signed by Judge Ronald N. Boyce , 7/8/98 cc: attys
222
Filed & Entered: 07/16/1998
Notice of Hearing
Docket Text: Amended Notice of Hearing filed by defendant Microsoft : Motion hearing re-set for 2:00 7/28/98 for [216-1] motion to compel prod of software source code To be held before Judge RNB
223
Filed & Entered: 07/16/1998
Minutes - Miscellaneous
Docket Text: Minute entry: After arguments were heard; Crt ruled:[210-1] motion to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell taken under advisement; Crt instructs both sides to file briefs by 7/23/98. Argument, if any, will be heard on 7/28/98 Judge: RNB Court Reporter: Michelle Mallonee Court Deputy: Ron Black (rb)
224
Filed: 07/17/1998
Entered: 07/20/1998
Terminated: 07/28/1998
Motion for Extension of Time
Docket Text: Motion by Microsoft to extend the discovery cut-off date and to expedite hearing on this matter to 7/22/98 at 3:30 p.m.
225
Filed: 07/17/1998
Entered: 07/20/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [224-1] motion to extend the discovery cut-off date, [224-2] motion to expedite hearing on this matter to 7/22/98 at 3:30 p.m.
226
Filed: 07/17/1998
Entered: 07/20/1998
Notice of Filing
Docket Text: Notice of filing by Microsoft re: change of address of cnsl for dft, Michael H. Steinberg, Sullivan & Cromwell, 1888 Century Park East, Los Angeles, CA 90067
227
Filed: 07/21/1998
Entered: 07/22/1998
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [216-1] motion to compel prod of software source code (ce)
228
Filed: 07/21/1998
Entered: 07/22/1998
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [212-1] motion to compel prod of OEM license databases (ce)
229
Filed: 07/21/1998
Entered: 07/22/1998
Memorandum in Support of Motion
Docket Text: JT Supplemental Memorandum by Caldera, Novell Inc in support of [210-1] motion to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell
230
Filed: 07/24/1998
Entered: 07/28/1998
Memorandum in Opposition to Motion
Docket Text: Suppl Memorandum by Microsoft in opposition to [210-1] motion to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell
231
Filed: 07/27/1998
Entered: 07/28/1998
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [224-1] motion to extend the discovery cut-off date
232
Filed: 07/28/1998
Entered: 07/29/1998
Order
Docket Text: Order denying [210-1] motion to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell signed by Judge Ronald N. Boyce , 7/28/98 cc: attys
233
Filed: 07/28/1998
Entered: 07/29/1998
Minutes - Miscellaneous
Docket Text: Minute entry: Argument & discussion heard. Crt rules: granting [224-1] motion to extend the discovery cut-off date until 1/10/99, granting [216-1] motion to compel prod of software source codes with limitations & safeguards (re: protective order guarantees) specified by the Crt, granting [212-1] motion to compel prod of OEM license databases as indicated by cnsl & limited by the Crt ; Cnsl to submit stip order(s) as to OEM & source codes & extension of discovery time to chambers & compliance with discovery cutoff within 10 days. Judge: RNB Court Reporter: Electronic Court Deputy: Michael R. Weiler (mrw)
234
Filed: 07/28/1998
Entered: 07/31/1998
Sealed Document
Docket Text: SEALED DOCUMENT (mrw)
235
Filed: 07/30/1998
Entered: 07/31/1998
Return of Service
Docket Text: Return of service executed re: subp issued to Micron Electronics, c/o Steve Arnold, VP & Gen cnsl, 7/23/98
236
Filed: 08/04/1998
Entered: 08/07/1998
Return of Service
Docket Text: Return of service executed re: subp served upon Peter J. DiCorti, personally, on 7/28/98
237
Filed: 08/06/1998
Entered: 08/07/1998
Scheduling Order
Docket Text: Fourth Scheduling order setting Deadline for filing of all motions 1/25/99; Discovery cutoff 10/15/98. Motion to be heard no later than March of 99 and the final pretrial conf date remains unchanged. Signed by Judge Ronald N. Boyce, 8/5/98. cc: atty (ce)
--
Filed: 08/11/1998
Entered: 08/12/1998
Transcript
Docket Text: Transcript of Proceedings for dates of 3/2/98 Hearing (asb)
--
Filed: 08/11/1998
Entered: 08/12/1998
Transcript
Docket Text: Transcript of Proceedings for dates of 7/28/98 Motion Hearing (asb)
--
Filed: 08/11/1998
Entered: 08/12/1998
Transcript
Docket Text: Transcript of Proceedings for dates of 01/28/98 re: Hearing of Motion to Amend, Motion to Compel, Production of Documents, Motion for Amendment of the Protective Order (jag)
--
Filed: 08/11/1998
Entered: 08/12/1998
Transcript
Docket Text: Transcript of Proceedings for dates of 02/11/98 re: hrg held before RNB (jag)
238
Filed: 08/14/1998
Entered: 08/17/1998
Order
Docket Text: Order granting [216-1] motion to compel prod of software source code, granting [212-1] motion to compel prod of OEM license databases signed by Judge Ronald N. Boyce , 8/14/98 cc: attys (see Order in file for specifics)
239
Filed: 08/24/1998
Entered: 08/25/1998
Certificate of Service
Docket Text: Certificate of service by Microsoft re: 4th set of interrog (asb)
240
Filed: 08/27/1998
Entered: 08/28/1998
Certificate of Service
Docket Text: Certificate of service by Microsoft re: req for prod of docs (jag)
241
Filed: 09/01/1998
Entered: 09/14/1998
Terminated: 09/28/1998
Motion to Expedite
Docket Text: Motion by Microsoft to expedite/shorten time to produce all responsive non-privileged docs within 3 business days of the entry of an order granting this motion (ce)
242
Filed: 09/01/1998
Entered: 09/14/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [241-1] motion to expedite/shorten time to produce all responsive non-privileged docs within 3 business days of the entry of an order granting this motion (ce)
243
Filed: 09/04/1998
Entered: 09/08/1998
Return of Service
Docket Text: Return of service executed re: subp issued to Sykes Enterprises, c/o Angelica Carrillo, 8/27/98
--
Filed: 09/09/1998
Entered: 09/10/1998
Utility - Miscellaneous
Docket Text: Declaration of Michael H. Steinberg in support of dft's memo in support of its mot/compel Novell to prod docs as to which atty-client privilege has been waived or for which Novel has failed to support its claim of privilege rec'd on 9/9/98 was Lodged in file. Not orig signature
244
Filed: 09/09/1998
Entered: 09/14/1998
Memorandum in Opposition to Motion
Docket Text: SEALED Memorandum by Caldera in opposition to [241-1] motion to expedite/shorten time to produce all responsive non-privileged docs within 3 business days of the entry of an order granting this motion (ce)
245
Filed: 09/09/1998
Entered: 09/10/1998
Terminated: 10/09/1998
Motion to Compel
Docket Text: Motion by Microsoft to compel novell to prod docs as to which atty-client privilege has been waived or for which novell has failed to support its claim of privilege
246
Filed: 09/09/1998
Entered: 09/10/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [245-1] motion to compel novell to prod docs as to which atty-client privilege has been waived or for which novell has failed to support its claim of privilege
247
Filed: 09/09/1998
Entered: 09/10/1998
Terminated: 09/14/1998
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength memo
248
Filed: 09/11/1998
Entered: 09/14/1998
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [241-1] motion to expedite/shorten time to produce all responsive non-privileged docs within 3 business days of the entry of an order granting this motion (ce)
249
Filed & Entered: 09/14/1998
Order
Docket Text: Order granting [247-1] motion for leave to file overlength memo signed by Judge Dee Benson , 9/10/98 cc: atty
250
Filed: 09/14/1998
Entered: 09/15/1998
Terminated: 09/28/1998
Motion for Extension of Time
Docket Text: Expedited Motion by Microsoft to extend time set out in the fourth sched order by 120 days and expanding by 10 the limit on the number of party-affiliated depositions permitted (ce)
251
Filed: 09/14/1998
Entered: 09/15/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [250-1] motion to extend time set out in the fourth sched order by 120 days and expanding by 10 the limit on the number of party-affiliated depositions permitted. Doc is oversized and placed in Volume D. (ce) Modified on 01/23/2003
252
Filed: 09/14/1998
Entered: 09/15/1998
Certificate of Service
Docket Text: Certificate of service by Microsoft re: second req/adms to pla (ce)
253
Filed: 09/15/1998
Entered: 09/16/1998
Certificate of Service
Docket Text: Certificate of service by Caldera re: 3rd set of rqst for prod of docs, 1st rqst for admissions & 2nd set of interrog (asb)
254
Filed: 09/17/1998
Entered: 09/18/1998
Return of Service
Docket Text: Return of service executed 09/11/98 McKenna, Cuneo, LLP, c/o Cathie Alter (jag)
255
Filed: 09/18/1998
Entered: 09/21/1998
Terminated: 09/28/1998
Motion for Miscellaneous Relief
Docket Text: UNSEALED Expedited Motion by Caldera to declare portions of Stefanie Reichel's deposition not confidential Unsealed pursuant to Order #665 (jag) Modified on 01/27/2000
255
Filed: 09/18/1998
Entered: 09/21/1998
Memorandum in Support of Motion
Docket Text: SEALED Memorandum by Caldera in support of [255-1] motion to declare portions of Stefanie Reichel's deposition not confidential (jag)
256
Filed: 09/18/1998
Entered: 09/21/1998
Declaration
Docket Text: SEALED Declaration of Stephen J. Hill (jag)
257
Filed: 09/23/1998
Entered: 09/24/1998
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [250-1] motion to extend time set out in the fourth sched order by 120 days and expanding by 10 the limit on the number of party-affiliated depositions permitted (jag)
258
Filed: 09/24/1998
Entered: 09/25/1998
Order
Docket Text: Order, extending time for Novell to resp to Microsoft's mot/compel Novell to prod docs as to which atty-client priv has been waived or for which Novell has failed to support its claim of priv - until 9/25/98 signed by Judge Ronald N. Boyce , 9/23/98 cc: attys. (note: stip/ext time not filed w/ct)
259
Filed & Entered: 09/25/1998
Terminated: 09/28/1998
Motion for Extension of Time
Docket Text: Stipulation by Microsoft, Novell Inc Stipulation to extend time re: microsoft's motion to compel Novell to produce Docs as to which attorney-client privilege has been waived will now be due on 9/25/98
260
Filed: 09/25/1998
Entered: 09/28/1998
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [250-1] motion to extend time set out in the fourth sched order by 120 days and expanding by 10 the limit on the number of party-affiliated depositions permitted
261
Filed: 09/25/1998
Entered: 09/28/1998
Terminated: 09/29/1998
Motion for Leave to File
Docket Text: Ex parte motion by Novell Inc for leave to file overlength memo in opp to Microsoft's mot/compel
262
Filed: 09/25/1998
Entered: 09/28/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Novell Inc in support of [261-1] ex parte motion for leave to file overlength memo in opp to Microsoft's mot/compel
263
Filed: 09/25/1998
Entered: 09/28/1998
Memorandum in Opposition to Motion
Docket Text: SEALED Memorandum by Novell Inc in opposition to [245-1] motion to compel novell to prod docs as to which atty-client has been waived or for which novell has failed to support its claim of privilege
264
Filed & Entered: 09/28/1998
Terminated: 01/06/1999
Motion for Order to Show Cause
Docket Text: SEALED Motion by Microsoft for an Order to show cause why pla & its cnsl should not be held in contempt of ct
265
Filed & Entered: 09/28/1998
Memorandum in Support of Motion
Docket Text: SEALED Memorandum by Microsoft in support of [264-1] sealed motion for an Order to show cause why pla & its cnsl should not be held contempt of ct
266
Filed & Entered: 09/28/1998
Declaration
Docket Text: Sealed Declarations (No Names Available) IN SUPPORT Re: [264-1] sealed motion for an Order to show cause why pla & its cnsl should not be held in contempt of ct
267
Filed & Entered: 09/28/1998
Memorandum in Opposition to Motion
Docket Text: SEALED Memorandum by Microsoft in opposition to [255-1] sealed expedited motion to declare portions of Stefanie Reichel's deposition not confidential
268
Filed & Entered: 09/28/1998
Notice of Filing
Docket Text: SEALED Notice of filing by Novell Inc re: Novell's in-camera prod of privileged docs
269
Filed: 09/28/1998
Entered: 09/29/1998
Minutes - Miscellaneous
Docket Text: Minute entry: Args hrd. GRANTING/DENYING in part [250-1] motion to extend time set out in the fourth sched order by 120 days and expanding by 10 the limit on the number of party-affiliated depositions permittedx; Denying w/out prej, extension of time unless showing of good cause; granting until 11/13/98 for taking of depos only and Caldera will cull list. DENYING [255-1] motion to declare portions of Stefanie Reichel's deposition not confidential; Mr. Jardine will prepare order. Judge: Ronald N. Boyce Court Reporter: Electronic Court Deputy: Trisha Little (tl)
270
Filed: 09/29/1998
Entered: 09/30/1998
Order
Docket Text: Ex parte order granting [261-1] ex parte motion for leave to file overlength memo in opp to Microsoft's mot/compel signed by M Judge RNB 9/29/98 cc: attys
271
Filed & Entered: 10/02/1998
Return of Service
Docket Text: Return of service executed re: Sturgis M. Sobin, and Ablondi, Foster, Sobin & Davidow, c/o Sturgis M. Sobin. on 10/1/98
272
Filed: 10/05/1998
Entered: 10/06/1998
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [245-1] motion to compel novell to prod docs as to which atty-client privilege has been waived or for which novell has failed to support its claim of privilege
273
Filed: 10/06/1998
Entered: 10/07/1998
Return of Service
Docket Text: Return of service executed 09/30/98, depo subpoena to Novell, Inc (jag)
274
Filed: 10/06/1998
Entered: 10/07/1998
Return of Service
Docket Text: Return of service executed 10/04/98, depo subpoena served on Snow, Christensen & Martineau (jag)
275
Filed: 10/07/1998
Entered: 10/08/1998
Notice of Hearing
Docket Text: Notice of Hearing filed by defendant Microsoft : Motion hearing set for 1:30 10/9/98 for [245-1] motion to compel novell to prod docs as to which atty-client privilege has been waived or for which novell has failed to support its claim of privilege To be held before Judge RNB
277
Filed: 10/09/1998
Entered: 10/13/1998
Minutes - Miscellaneous
Docket Text: Minute entry: Arguments heard on defendant Microsoft's motion to compel Novell to produce docs as to which atty-client privilege has been waived or for which Novell has failed to support its clllaim of privilege, Doc #245. In light of the court's comments Novell will prepare a more detailed privileged log which is to be produced by 10/19/98. Some other document items resolved and others still to be worked out. Novell to prepare order. granting in part, denying in part [245-1] motion to compel novell to prod docs as to which atty-client privilege has been waived or for which novell has failed to support its claim of privilege ; Judge: Ronald N. Boyce Court Reporter: Laura Robinson Court Deputy: Trisha Little (tl)
276
Filed: 10/12/1998
Entered: 10/13/1998
Terminated: 10/15/1998
Motion for Extension of Time
Docket Text: Stipulation by Caldera, Microsoft Stipulation to extend time until 11/2/98, to file a memo in response to dft's motion for order to show cause why pla should not be held in contempt of court
278
Filed: 10/13/1998
Entered: 10/14/1998
Objections
Docket Text: Objections by Novell Inc to subpoena & ntc of depo from Microsoft dtd 9/30/98
279
Filed & Entered: 10/15/1998
Minutes - Miscellaneous
Docket Text: Minute entry: Expedited hearing held on Caldera's motion/request to issue a letter of request for international judicial assistance pursuant to the Hague Convention of 18 March 1970 on the taking of evidence in civil or commercial matters. (This motion/request is not yet filed with the court). Discussion held. Examination is limited to 8 hrs with each side to have 4 hrs. Court GRANTS motion and counsel will jointly agree on the language for the order. Judge: Ronald N. Boyce Court Reporter: Electronic Court Deputy: Trisha Little (tl)
280
Filed: 10/15/1998
Entered: 10/16/1998
Certificate of Service
Docket Text: Certificate of service by Microsoft re: ans to Caldera's req for adms
281
Filed: 10/15/1998
Entered: 10/16/1998
Terminated: 10/15/1998
Motion for Extension of Time
Docket Text: Stipulation by Caldera, Microsoft stip/motion to extend time for Caldera to respond to Microsoft's second request for admissions until 11/13/98
282
Filed: 10/15/1998
Entered: 10/16/1998
Order
Docket Text: Order granting [281-1] stip/motion to extend time for Caldera to respond to Microsoft's second request for admissions until 11/13/98 signed by Judge Samuel Alba , 10/14/98
283
Filed: 10/15/1998
Entered: 10/16/1998
Order
Docket Text: Order granting [276-1] stipulation motion Stipulation to extend time until 11/2/98, to file a memo in response to dft's motion for order to show cause why pla should not be held in contempt of court signed by Judge Dee Benson , 10/14/98 cc:atty.
284
Filed: 10/16/1998
Entered: 10/19/1998
Terminated: 10/16/1998
Motion for Miscellaneous Relief
Docket Text: Expedited Motion by Caldera for letter of request to approp authority in the UK (England & Wales) authorizing pla to take depo of Diran Kazandjian
285
Filed: 10/16/1998
Entered: 10/19/1998
Declaration
Docket Text: Declaration of Stephen J. Hill IN SUPPORT Re: [284-1] motion for letter of request to approp authority in the UK (England & Wales) authorizing pla to take depo of Diran Kazandjian
286
Filed: 10/16/1998
Entered: 10/19/1998
Order
Docket Text: Order granting [284-1] expedited motion for letter of request to approp authority in the UK (England & Wales) authorizing to take depo of Diran Kazandjian. Letter of Request as exh A to this order is hereby issued signed by Judge Ronald N. Boyce , 10/16/98 cc: attys. (note: exh A is Req for Intl Judicial Assistance purs to Hague Convention of 3/18/70 on the taking of evid in civil/crim matters. Per cnsl Stephen Hill - Judge RNB signed two originals of letter) Modified on 10/19/1998
287
Filed: 10/20/1998
Entered: 10/21/1998
Terminated: 01/11/2000
Memorandum in Opposition to Motion
Docket Text: Response and objections by Caldera in opposition to subpoena served by Microsoft on 10/1/98
288
Filed: 10/22/1998
Entered: 10/23/1998
Certificate of Service
Docket Text: Certificate of service by Microsoft re: Microsoft's answer to Caldera's second set of interrogs and responses to Caldera's third set of reqs for the prod of docs
290
Filed: 10/23/1998
Entered: 10/26/1998
Request
Docket Text: Request for clarification re: certain statements made by the court at the hearing on 9/28/98: by defendant Microsoft
291
Filed: 10/23/1998
Entered: 10/26/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [290-1] clarification requested
289
Filed & Entered: 10/26/1998
Order
Docket Text: Order granting in part, denying in part [245-1] motion to compel Novell to prod docs as to which atty-client has been waived or for which Novell has failed to support its claim of privilege. Novell & Microsoft are to meet & confer concerning the scope & extent of a waiver pursuant to the principles discussed by the Ct; Novell is to provide a more detailed privilege log by 10/19/98, signed by Judge Ronald N. Boyce, 10/23/98 cc: attys
292
Filed: 10/26/1998
Entered: 10/27/1998
Terminated: 10/26/1998
Motion for Protective Order
Docket Text: Stipulation by Caldera, Microsoft stip/mot for protective order re: documents produced by Apple & marked "Highly Confidential" will be disseminated more restrictively (see stip/order in file for more details)
292
Filed: 10/26/1998
Entered: 10/27/1998
Order
Docket Text: Order granting [292-1] stip/mot for protective order re: documents produced by Apple & marked "Highly Confidential" will be disseminated more restrictively (see stip/order in file for more details) signed by Judge Ronald N. Boyce, 10/26/98 cc: attys
293
Filed: 10/27/1998
Entered: 10/28/1998
Certificate of Service
Docket Text: Certificate of service by Microsoft re: 3rd set of requests for prod of docs (jag)
294
Filed & Entered: 10/29/1998
Terminated: 11/03/1998
Motion to Disqualify Judge
Docket Text: Motion by Caldera to disqualify Microsoft's counsel as counsel for Stefanie Reichel Individually
295
Filed & Entered: 10/29/1998
Declaration
Docket Text: Declaration of Ralph H. Palumbo Re: [294-1] motion to disqualify Microsoft's counsel as counsel for Stefanie Reichel Individually
296
Filed & Entered: 10/30/1998
Order
Docket Text: Order denying [250-1] motion to extend time set out in the fourth sched order by 120 days and expanding by 10 the on the number of party-affiliated depositions permitted, but is modified as follows: discovery cut-off date for depo of Caldera's undeposed trial wit(s) (see doc #260) is extended to 11/13/98; denying [255-1] motion to declare portions of Stefanie Reichel's deposition not confidential signed by Judge Ronald N. Boyce, 10/29/98 cc: attys
297
Filed & Entered: 10/30/1998
Terminated: 10/30/1998
Motion for Protective Order
Docket Text: Stipulation by Microsoft, Novell Inc stip for protective order that Novell will produce copies of its 5 largest OEM contracts & a list of OEMs. All docs will be produced under the designation "highly confidential." (See stip in file for further details)
298
Filed & Entered: 10/30/1998
Protective Order
Docket Text: Protective Order granting [297-1] stip for protective order that Novell will produce copies of its 5 largest OEM contracts & a list of OEMs. All docs will be produced under the designation "highly confidential." Signed by Judge Ronald N. Boyce 10/28/98 cc: attys (see order in file for further details)
300
Filed: 11/02/1998
Entered: 11/03/1998
Return of Service
Docket Text: Return of service executed re: subp served on Dr. Lee Hollaar 10/27/98
--
Filed: 11/03/1998
Entered: 11/04/1998
Utility - Miscellaneous
Docket Text: Per M Judge RNB - docs #294 & 295 are to be unsealed.
299
Filed & Entered: 11/03/1998
Order
Docket Text: Order denying [294-1] motion to disqualify Microsoft's counsel as counsel for Stefanie Reichel; pla Caldera is to file an amended motion & memo addressing its standing to bring the motion for disqualification; the amd motion & memo should be filed and served w/in 15 days after rec't of order; dft Microsoft may then file its rply w/in time provided by rules signed by Judge Ronald N. Boyce, 11/2/98 cc: attys
301
Filed: 11/03/1998
Entered: 11/04/1998
Return of Service
Docket Text: Return of service executed served upon Scott Wilson c/o Dr. Evan Ivie & Dr. James R. Kearl on 10/29/98. (asb)
302
Filed: 11/03/1998
Entered: 11/04/1998
Exhibits
Docket Text: Sealed Exhibits filed by plaintiff Caldera RE: response to Microsofts mot/order to show cause (note: Caldera's resp to this motion not filed w/ct)
303
Filed: 11/05/1998
Entered: 11/06/1998
Terminated: 11/09/1998
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file Caldera's overlength resp to Microsoft's mot/order to show cause
304
Filed: 11/05/1998
Entered: 11/06/1998
Terminated: 01/11/2000
Response (NOT to motion)
Docket Text: Sealed Response by Caldera to [264-1] Microsoft's motion for an Order to show cause why pla & its cnsl should not be held in contempt of ct
305
Filed: 11/05/1998
Entered: 11/06/1998
Declaration
Docket Text: SEALED Declaration of Ralph H. Palumbo IN SUPPORT Re: [304-1] Caldera's response to Microsoft's mot/order to show cause Modified on 11/06/1998
306
Filed: 11/05/1998
Entered: 11/06/1998
Declaration
Docket Text: SEALED Declaration of Stephen J. Hill IN SUPPORT Re: [304-1] Caldera's response to Microsoft's mot/order to show cause Modified on 11/06/1998
307
Filed: 11/09/1998
Entered: 11/10/1998
Order
Docket Text: Order granting [303-1] Caldera's motion for leave to file overlength resp to Microsoft's mot/order to show cause signed by Judge Dee Benson , 11/9/98 cc: attys
308
Filed: 11/09/1998
Entered: 11/10/1998
Return of Service
Docket Text: Return of service executed re: subp issued to Shawn Lynn, 11/1/98, personally.
--
Filed & Entered: 11/13/1998
Transcript
Docket Text: Transcript of Proceedings for date(s) of 10/9/98 (ksp)
309
Filed: 11/13/1998
Entered: 11/16/1998
Terminated: 11/13/1998
Motion for Extension of Time
Docket Text: Stipulation by Caldera, Microsoft second stip to extend time to 11/30/98 for Caldera to respond Microsoft's 2nd req for admissions
310
Filed: 11/13/1998
Entered: 11/16/1998
Order
Docket Text: Order granting [309-1] second stip to extend time to 11/30/98 for Caldera to respond Microsoft's 2nd req for admissions signed by Judge Ronald N. Boyce , 11/13/98 cc: attys
311
Filed & Entered: 11/16/1998
Return of Service
Docket Text: Return of service executed re: subp issued to Apple Computer, c/o Miguel Lopez, 11/9/98
312
Filed: 11/17/1998
Entered: 11/18/1998
Notice of Filing
Docket Text: Notice of filing by Caldera re: ntc of withdrawal of mot/disqualify Microsoft's cnsl as cnsl for Stefanie Reichel individually (#294). (note: this mot/was termed on 11/3/98 per Order #299)
313
Filed: 11/17/1998
Entered: 11/18/1998
Declaration
Docket Text: Declaration of Stephen J. Hill IN SUPPORT Re: [312-1] file notice re: ntc of withdrawl of motion to disqualify Microsoft's cnsl as cnsl for Stefanie Reichel, individually
314
Filed: 11/18/1998
Entered: 11/19/1998
Terminated: 01/11/2000
Response (NOT to motion)
Docket Text: Response by Caldera to [290-1] Microsoft's clarification request
315
Filed: 11/20/1998
Entered: 11/23/1998
Terminated: 02/04/1999
Motion for Extension of Time
Docket Text: Stipulation by Caldera, Microsoft to extend time to 12/2/98 for dft Microsoft to file reply memo in support of its mot/order to show cause
316
Filed: 11/20/1998
Entered: 11/23/1998
Terminated: 12/30/1998
Motion to Compel
Docket Text: Motion by Microsoft to compel complete prod of docs obtained from third parties
317
Filed: 11/20/1998
Entered: 11/23/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [316-1] motion to compel complete prod of docs obtained from third parties
318
Filed: 11/30/1998
Entered: 12/01/1998
Terminated: 11/30/1998
Motion for Extension of Time
Docket Text: Stipulation by Caldera, Microsoft third stip to extend time to 12/18/98 for Caldera to resp to Microsoft's 2nd req for admissions
319
Filed: 11/30/1998
Entered: 12/01/1998
Terminated: 11/30/1998
Motion for Extension of Time
Docket Text: Stipulation by Caldera, Microsoft stip to extend time to 12/11/98 for Microsoft to file reply memo in support of their mot/order to show cause
320
Filed: 11/30/1998
Entered: 12/01/1998
Terminated: 12/04/1998
Motion for Extension of Time
Docket Text: Stipulation by Caldera, Microsoft stip to extend time to 12/2/98 for Microsoft to file its req for clarification
321
Filed: 11/30/1998
Entered: 12/01/1998
Order
Docket Text: Order granting [318-1] third stip/mot to extend time to 12/18/98 for Caldera to resp to Microsoft's 2nd req for admissions signed by Judge Ronald N. Boyce , 11/30/98 cc: attys
322
Filed: 11/30/1998
Entered: 12/01/1998
Order
Docket Text: Order granting [319-1] stip/motion to extend time to 12/11/98 for Microsoft to file reply memo in support of their mot/order to show cause signed by Judge Ronald N. Boyce , 11/30/98 cc: attys
323
Filed: 12/01/1998
Entered: 12/02/1998
Terminated: 01/11/2000
Response to Motion
Docket Text: Sealed Response by Microsoft to [294-1] motion to disqualify Microsoft's counsel as counsel for Stefanie Reichel Individually
324
Filed: 12/01/1998
Entered: 12/02/1998
Terminated: 01/11/2000
Response (NOT to motion)
Docket Text: Response Reply by Microsoft to [290-1] clarification requested
--
Filed: 12/03/1998
Entered: 12/04/1998
Utility - Miscellaneous
Docket Text: Affidavit of Steve Goodrich, rec'd on 12/3/98 was Lodged in file - not original signature
325
Filed: 12/03/1998
Entered: 12/04/1998
Terminated: 01/13/1999
Motion for Protective Order
Docket Text: Motion by Novell Inc for protective order that prior to Novell's restoration of back-up tapes, Microsoft bear the reasonable cost incurred in such a restoration
326
Filed: 12/03/1998
Entered: 12/04/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Novell Inc in support of [325-1] motion for protective order that prior to Novell's restoration of back-up tapes, Microsoft bear the reasonable cost incurred in such a restoration
327
Filed: 12/04/1998
Entered: 12/07/1998
Order
Docket Text: Order granting [320-1] stip/mot to extend time to 12/2/98 for Microsoft to file its req for clarification signed by Judge Dee Benson , 11/30/98 cc: attys
328
Filed: 12/04/1998
Entered: 12/07/1998
Motion/Order Pro Hac Vice
Docket Text: Motion and Order signed by Judge Dee Benson , 12/3/98 cc: attys . Granting motion /PHV for Attorney: Philip S. McCune on behalf of plaintiff Caldera
329
Filed: 12/04/1998
Entered: 12/07/1998
Terminated: 12/08/1998
Motion to Compel
Docket Text: Motion by Microsoft to compel prod of docs from Novell re: twenty Netware License Agreements
329
Filed: 12/04/1998
Entered: 12/07/1998
Terminated: 12/08/1998
Request
Docket Text: Request for Oral Argument be set for 12/8/98 at 10:45 a.m filed by Microsoft, Novell Inc on [329-1] Microsoft's motion to compel prod of docs from Novell re: Netware License Agreements
330
Filed: 12/04/1998
Entered: 12/07/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [329-1] oral argument request, [329-1] motion to compel prod of docs from Novell re: Netware License Agreements
331
Filed: 12/07/1998
Entered: 12/08/1998
Objections
Docket Text: Objections by Novell Inc RE: [329-1] motion to compel prod of docs from Novell re: twenty Netware License Agreements
331
Filed: 12/07/1998
Entered: 12/08/1998
Request
Docket Text: Request for Oral Argument on 12/8/98 filed by Novell Inc on [329-1] motion to compel prod of docs from Novell re: twenty Netware License Agreements
332
Filed: 12/08/1998
Entered: 12/09/1998
Order
Docket Text: Order, extending time to 12/2/98 for dft Microsoft to file reply memo in support of its req for clarification signed by Judge Ronald N. Boyce , 12/7/98 cc: attys (note: motion not filed w/court)
333
Filed: 12/08/1998
Entered: 12/09/1998
Order
Docket Text: Stip Order, Caldera, Microsoft & IBM stip to protective order re: IBM's prod of source code in response to Caldera's subpoena. Source codes produced shall be treated and receive same protections as source code produced by Microsoft purs to ct's order of 8/14/98 signed by Judge Ronald N. Boyce , 12/7/98 cc: attys
334
Filed: 12/08/1998
Entered: 12/09/1998
Minutes - Miscellaneous
Docket Text: Minute entry: Arguments heard on Microsoft's motion to compel prod of docs from Novell re: tweny Netware License Agreements, doc #329 and Novell's motion for protective order that prior to Novell's restoration of back-up tapes, Microsoft bear the reasonable cost incurred in such a restoration, doc #325. Court DENIES Microsoft's motion to compel, doc #329. Microsoft will refile the subpoenas and renew their motion. Novell to prepare order. Court feels there should be an allocation of costs by both parties as to Novell's motion for protective order, doc #325. Parties are to try an reach an agreement. If not, they can come back and the court will decide matter. granting [329-1] requested, denying [329-1] motion to compel prod of docs from Novell re: twenty Netware License Agreements ; Judge: Ronald N. Boyce Court Reporter: Karen Murakami Court Deputy: Trisha Little (tl)
--
Filed & Entered: 12/10/1998
Transcript
Docket Text: Transcript of Proceedings for date(s) of 12/8/98 re: tape recorded hrg of mot/compel held before RNB
335
Filed & Entered: 12/10/1998
Terminated: 02/04/1999
Motion to Compel
Docket Text: Motion by Microsoft to compel prod of electronic data from pla's expert Evan Ivie , and to extend time to respond to Professor Ivie's rpt
336
Filed & Entered: 12/10/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [335-1] motion to compel prod of electronic data from pla's expert Evan Ivie, [335-2] motion to extend time to respond to Professor Ivie's rpt
337
Filed: 12/14/1998
Entered: 12/15/1998
Terminated: 12/16/1998
Motion for Extension of Time
Docket Text: Stipulation by Caldera, Microsoft stip to extend time for dft Microsoft Corp to file reply memo in support of its motion for order to show cause to 12/29/98 (asb)
338
Filed: 12/15/1998
Entered: 12/16/1998
Terminated: 12/22/1998
Motion for Discovery
Docket Text: Stipulation by Caldera, Microsoft stip for discovery from expert witnesses
339
Filed: 12/15/1998
Entered: 12/16/1998
Terminated: 02/04/1999
Motion to Compel
Docket Text: Motion by Caldera to compel interrogs , and for document discovery
340
Filed & Entered: 12/16/1998
Order
Docket Text: Order granting [337-1] stipulation motion stip to extend time for dft Microsoft Corp to file reply memo in support of its motion for order to show cause to 12/29/98 signed by Judge Dee Benson , 12/12/98 cc:atty
341
Filed: 12/17/1998
Entered: 12/18/1998
Motion/Order Pro Hac Vice
Docket Text: Motion and Order signed by Judge Dee Benson , 12/16/98 cc: attys . Granting motion /PHV for Attorney: Michael Tenenbaum on behalf of defendant Microsoft
342
Filed: 12/17/1998
Entered: 12/18/1998
Terminated: 02/04/1999
Motion to Compel
Docket Text: Stipulation by Caldera, Microsoft stip/mot re: Microsoft's mot/to compel prod of docs obtained from 3rd ptys (see mot #316). Caldera does not oppose motion & motion may be granted. Caldera will produce unredacted copies of docs numbered INV001-INV035 on or before 12/23/98
343
Filed & Entered: 12/18/1998
Certificate of Service
Docket Text: Certificate of service by Caldera re: resp to def Microsoft's second req/adms
344
Filed: 12/18/1998
Entered: 12/21/1998
Motion/Order Pro Hac Vice
Docket Text: Motion and Order signed by Judge Dee Benson , 12/18/98 cc: attys . Granting motion /PHV for Attorney: James T. Southwick on behalf of plaintiff Caldera
345
Filed: 12/22/1998
Entered: 12/23/1998
Order
Docket Text: Order granting [338-1] stip/motion for discovery from expert witnesses signed by Judge Ronald N. Boyce , 12/22/98 cc: attys
346
Filed & Entered: 12/28/1998
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 2:00 1/14/99 for [335-1] motion to compel prod of electronic data from pla's expert Evan Ivie To be held before Judge Boyce. cc: cnsl
347
Filed: 12/28/1998
Entered: 12/29/1998
Terminated: 03/15/1999
Motion to Quash
Docket Text: Motion by Novell Inc to quash Microsoft's fourth subp to Novell
348
Filed: 12/28/1998
Entered: 12/29/1998
Memorandum in Support of Motion
Docket Text: Memorandum by Novell Inc in support of [347-1] motion to quash Microsoft's fourth subp to Novell
349
Filed: 12/30/1998
Entered: 01/04/1999
Order
Docket Text: Order granting [316-1] motion to compel complete prod of docs obtained from third parties. Docs INV001-INV035 to be produced on or before 12/23/98 signed by Judge Ronald N. Boyce , 12/29/98 cc: attys
350
Filed: 12/31/1998
Entered: 01/04/1999
Terminated: 12/31/1998
Motion for Joinder
Docket Text: Motion by Caldera for Joinder RE: [347-1] Novell's motion to quash Microsoft's fourth subp to Novell , to quash Microsoft's fourth subp to Novell
350
Filed: 12/31/1998
Entered: 01/04/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Caldera in further support of [350-2] Caldera's motion to quash Microsoft's fourth subp to Novell, [347-1] Novell'smotion to quash Microsoft's fourth subp to Novell
351
Filed & Entered: 01/07/1999
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 2:00 2/4/99 for [347-1] Novell's motion to quash Microsoft's fourth subp to Novell To be held before Judge Boyce. cc: attys
352
Filed: 01/12/1999
Entered: 01/13/1999
Terminated: 01/12/1999
Motion for Extension of Time
Docket Text: Stipulation by Microsoft, Novell Inc to extend time to 1/13/99 for Novell to file obj to mot/quash subp issued by Microsoft on 1/8/99 (note: signatures not original) Modified on 01/13/1999
353
Filed: 01/12/1999
Entered: 01/13/1999
Order
Docket Text: Order granting [352-1] stipulation motion to extend time to 1/13/99 for Novell to file obj to mot/quash subp issued by Microsoft on 1/8/99 signed by Judge Ronald N. Boyce , 1/12/99 cc: attys
354
Filed: 01/12/1999
Entered: 01/13/1999
Terminated: 01/14/1999
Motion for Extension of Time
Docket Text: Stipulation by Caldera, Microsoft stip to extend time to 1/13/99 for Microsoft to file mem/opp to Caldera's mot/compel interrog & doc disc
355
Filed: 01/12/1999
Entered: 01/13/1999
Terminated: 05/11/1999
Motion for Partial Summary Judgment
Docket Text: Motion by Microsoft for partial summary judgment on pla's predisclosure claim
356
Filed: 01/12/1999
Entered: 01/13/1999
Memorandum in Support of Motion
Docket Text: SEALED Memorandum by Microsoft in support of [355-1] motion for partial summary judgment on pla's predisclosure claim
357
Filed: 01/12/1999
Entered: 01/13/1999
Certificate of Service
Docket Text: Amd Certificate of service by Microsoft re: notice of depo of Janet Masinter
358
Filed: 01/13/1999
Entered: 01/14/1999
Order
Docket Text: Order denying [329-1] Microsoft's motion to compel prod of docs from Novell re: twenty Netware License Agreements, granting in part, denying in part [325-1] Novell's motion for protective order that prior to Novell's restoration of back-up tapes. Microsoft to bear the reasonable cost incurred in such a restoration signed by Judge Ronald N. Boyce , 1/13/99 cc: attys
359
Filed: 01/13/1999
Entered: 01/14/1999
Terminated: 01/21/1999
Motion to Quash
Docket Text: Motion by Novell Inc to quash Microsoft's 5th subpoena dtd 1/18/99
360
Filed: 01/13/1999
Entered: 01/14/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Novell Inc in support of [359-1] motion to quash Microsoft's 5th subpoena dtd 1/18/99
361
Filed: 01/13/1999
Entered: 01/14/1999
Affidavit
Docket Text: Affidavit of John P. Mullen
362
Filed: 01/13/1999
Entered: 01/14/1999
Return of Service
Docket Text: Return of service executed re: subp served on Novell c/o Loreto Jimenez, 1/8/99
363
Filed: 01/14/1999
Entered: 01/15/1999
Order
Docket Text: Order granting [354-1] stip/motion to extend time to 1/13/99 for Microsoft to file mem/opp to Caldera's mot/compel interrog & doc disc signed by Judge Dee Benson 1/13/99 cc: attys
364
Filed: 01/14/1999
Entered: 01/15/1999
Terminated: 01/20/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength Mem/Opp to Mot/Compel Interrog & Doc Discovery
365
Filed: 01/14/1999
Entered: 01/15/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [339-1] motion to compel interrogs, [339-2] motion for document discovery
366
Filed: 01/20/1999
Entered: 01/21/1999
Order
Docket Text: Order extending time until 1/22/99 for dft to file memo in resp to Novell's mot/quash dft's fourth subp to Novell signed by Judge Ronald N. Boyce , 1/20/99. cc: atty (ce)
367
Filed: 01/20/1999
Entered: 01/21/1999
Order
Docket Text: Order granting dft's [364-1] motion for leave to file overlength Mem/Opp to Mot/Compel Interrog & Doc Discovery signed by Judge Ronald N. Boyce , 1/19/99. cc: atty (ce)
368
Filed: 01/20/1999
Entered: 01/21/1999
Affidavit
Docket Text: Affidavit of Betty Litke Re: [366-2] relief (ksp)
369
Filed: 01/21/1999
Entered: 01/25/1999
Order
Docket Text: Order resolving [359-1] motion to quash Microsoft's 5th subpoena dtd 1/18/99. Ptys are to meet and confer to see if the matter can be resolved without hearing. If this is not possible, Novell may renew its motion by notice & Microsoft may reply. Ptys should meet & confer on this matter before 2/3/99 signed by Judge Ronald N. Boyce , 1/21/99 cc: attys
370
Filed: 01/22/1999
Entered: 01/25/1999
Motion/Order Pro Hac Vice
Docket Text: Motion and Order signed by Judge Dee Benson , 1/22/99 cc: attys . Granting motion /PHV for Attorney: Brendan P. Cullen on behalf of defendant Microsoft
371
Filed: 01/25/1999
Entered: 01/26/1999
Terminated: 02/03/1999
Motion for Extension of Time
Docket Text: Stipulation by Caldera, Microsoft to extend time to 1/27/99 for dft Microsoft to file four dispositive motions
372
Filed: 01/25/1999
Entered: 01/27/1999
Terminated: 02/04/1999
Motion for Partial Summary Judgment
Docket Text: Sealed Motion by Microsoft for partial summary judgment re: pla's state claim of tortious interference
373
Filed: 01/25/1999
Entered: 01/27/1999
Memorandum in Support of Motion
Docket Text: SEALED Memorandum by Microsoft in support of [372-1] sealed motion for partial summary judgment re: pla's state claim of tortious interference
374
Filed: 01/25/1999
Entered: 01/27/1999
Terminated: 06/28/1999
Motion for Partial Summary Judgment
Docket Text: Sealed Motion by Microsoft for partial summary judgment re: pla's "product preannouncement" claims
375
Filed: 01/25/1999
Entered: 01/27/1999
Memorandum in Support of Motion
Docket Text: Sealed Memorandum by Microsoft in support of [374-1] sealed motion for partial summary judgment re: pla's "product preannouncement" claims
376
Filed: 01/25/1999
Entered: 01/27/1999
Terminated: 05/11/1999
Motion for Partial Summary Judgment
Docket Text: Sealed Motion by Microsoft for partial summary judgment re: pla's claim of "perceived incompatibilities"
377
Filed: 01/25/1999
Entered: 01/27/1999
Memorandum in Support of Motion
Docket Text: Sealed Memorandum by Microsoft in support of [376-1] Sealed motion for partial summary judgment re: pla's claim of "perceived incompatibilities"
378
Filed: 01/25/1999
Entered: 01/27/1999
Terminated: 05/11/1999
Motion for Partial Summary Judgment
Docket Text: Sealed Motion by Microsoft for partial summary judgment re: alleged intentional incompatibilities
379
Filed: 01/25/1999
Entered: 01/27/1999
Memorandum in Support of Motion
Docket Text: Sealed Memorandum by Microsoft in support of [378-1] sealed motion for partial summary judgment re: alleged intentional incompatibilities
380
Filed: 01/25/1999
Entered: 01/27/1999
Terminated: 05/11/1999
Motion for Partial Summary Judgment
Docket Text: Sealed Motion by Microsoft for partial summary judgment re: pla's "technological tying" claim
381
Filed: 01/25/1999
Entered: 01/27/1999
Memorandum in Support of Motion
Docket Text: Sealed Memorandum by Microsoft in support of [380-1] sealed motion for partial summary judgment re: pla's "technological tying" claim
382
Filed: 01/25/1999
Entered: 01/27/1999
Certificate of Service
Docket Text: Certificate of service [381-1] support memorandum, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [379-1] support memorandum, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [377-1] support memorandum, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [375-1] support memorandum, [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [373-1] support memorandum, [372-1] motion for partial summary judgment re: pla's state claim of tortious interference by Microsoft. NOTE: All above docs are SEALED
383
Filed: 01/26/1999
Entered: 01/27/1999
Terminated: 07/07/1999
Motion for Partial Summary Judgment
Docket Text: Motion by Microsoft for partial summary judgment re: Pla's European and Japanese Claims
384
Filed: 01/26/1999
Entered: 01/27/1999
Memorandum in Support of Motion
Docket Text: Sealed Memorandum by Microsoft in support of [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims
385
Filed: 01/27/1999
Entered: 01/28/1999
Terminated: 05/11/1999
Motion for Partial Summary Judgment
Docket Text: Sealed Motion by Microsoft for partial summary judgment on claims re: Microsoft's licensing practices Modified on 01/28/1999
386
Filed: 01/27/1999
Entered: 01/28/1999
Memorandum in Support of Motion
Docket Text: Sealed Memorandum by Microsoft in support of [385-1] sealed motion for partial summary judgment on claims re: Microsoft's licensing practices
387
Filed: 01/27/1999
Entered: 01/28/1999
Terminated: 06/28/1999
Motion for Partial Summary Judgment
Docket Text: Sealed Motion by Microsoft for partial summary judgment on pla's product disparagement claims
388
Filed: 01/27/1999
Entered: 01/28/1999
Memorandum in Support of Motion
Docket Text: Sealed Memorandum by Microsoft in support of [387-1] sealed motion for partial summary judgment on pla's product disparagement claims
389
Filed: 01/29/1999
Entered: 02/01/1999
Motion/Order Pro Hac Vice
Docket Text: Motion and Order signed by Judge Dee Benson, 1/29/99. Granting motion /PHV for Attorney: Richard H. Klapper on behalf of defendant Microsoft
390
Filed: 01/29/1999
Entered: 02/01/1999
Notice of Hearing
Docket Text: AMENDED Notice of Hearing filed by movant Novell Inc : Motion hearing reset for 2:30 2/24/99 for [347-1] motion to quash Microsoft's fourth subp to Novell To be held before Judge RNB. Cnsl has notified ptys
391
Filed: 01/29/1999
Entered: 02/01/1999
Terminated: 02/04/1999
Motion for Extension of Time
Docket Text: Motion by Caldera to extend time to 3/31/99 for filing expert rebuttal reports
392
Filed: 01/29/1999
Entered: 02/01/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Caldera in support of [391-1] motion to extend time to 3/31/99 for filing expert rebuttal reports
393
Filed: 01/29/1999
Entered: 02/01/1999
Declaration
Docket Text: Declaration of Stephen J. Hill
394
Filed: 01/29/1999
Entered: 02/01/1999
Terminated: 02/04/1999
Motion to Compel
Docket Text: Motion by Microsoft to compel Novell to produce netware files and prepaid balance information This motion was originally filed under seal, however, RNB unsealed this on 2/12/99 Modified on 02/16/1999
395
Filed: 01/29/1999
Entered: 02/01/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [394-1] sealed motion to compel Novell to produce netware files and prepaid balance information - This memo was originally filed under seal, however, RNB unsealed this on 2/12/99 Modified on 02/16/1999
395
Filed: 01/29/1999
Entered: 02/04/1999
Terminated: 01/11/2000
Response to Motion
Docket Text: Memo in Response by Microsoft to [347-1] Novell's motion to quash Microsoft's fourth subp to Novell
399
Filed: 02/01/1999
Entered: 02/04/1999
Certificate of Service
Docket Text: AMENDED Certificate of service [395-1] support memorandum, [394-1] motion to compel Novell to produce netware files and balance information, [395-1] motion response by Microsoft
396
Filed: 02/02/1999
Entered: 02/03/1999
Affidavit
Docket Text: Affidavit of Steve Goodrich
397
Filed: 02/03/1999
Entered: 02/04/1999
Order
Docket Text: Order granting [371-1] stip/motion to extend time to 1/27/99 for dft Microsoft to file four dispositive motions signed by Judge Ronald N. Boyce , 2/2/99 cc:atty
398
Filed: 02/03/1999
Entered: 02/04/1999
Order
Docket Text: Stip Order, extending time to 1/29/99 for Microsoft to file Memo in Resp to Novell's Mot/Quash Microsoft's 4th Subp to Novell signed by Judge Ronald N. Boyce , 2/2/99 cc:atty
400
Filed: 02/04/1999
Entered: 02/05/1999
Minutes - Miscellaneous
Docket Text: Minute entry: Argument & discussion heard. Crt granting in part, denying in part [394-1] motion to compel Novell to produce netware files and prepaid balance information. Grants motion to compel personnel records at the top two levels, as specified on the record. Documents produced nlt 2/22/99. Cnsl to inform Crt as to whether further hearing required on motion & cnsl are to meet to resolution of particulars & search parameters ; Judge: RNB Court Reporter: Laura Robinson Tape #: 1654/1655 Log #: 856-End/0-256 Court Deputy: Michael R. Weiler (mrw)
401
Filed: 02/05/1999
Entered: 02/08/1999
Terminated: 02/18/1999
Motion to Continue
Docket Text: Motion by Microsoft to continue trial date, now set for 6/7/99, be continued for 3 months
402
Filed: 02/05/1999
Entered: 02/08/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months
403
Filed: 02/10/1999
Entered: 02/11/1999
Motion/Order Pro Hac Vice
Docket Text: Motion and Order signed by Judge Dee Benson, 2/9/99. Granting motion /PHV for Attorney: Lawrence C. Locker on behalf of plaintiff Caldera. cc: atty (ce)
405
Filed: 02/10/1999
Entered: 02/12/1999
Terminated: 05/18/1999
Motion to Intervene
Docket Text: Motion for permissive intervention to modify protective order by Bristol Tech (asb)
406
Filed: 02/10/1999
Entered: 02/12/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Bristol Tech in support of [405-1] motion for permissive intervention to modify protective order by Bristol Tech (asb)
406
Filed: 02/10/1999
Entered: 02/12/1999
Declaration
Docket Text: Declaration of Patrick Lynch Re: [405-1] motion for permissive intervention to modify protective order by Bristol Tech (asb)
404
Filed: 02/11/1999
Entered: 02/12/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months (asb)
408
Filed: 02/11/1999
Entered: 02/16/1999
Terminated: 02/11/1999
Motion for Extension of Time
Docket Text: Stipulation by Microsoft, Novell Inc stip between Microsoft & Novell to extend time for Novell to file reply memo in supp of mot/quash Microsoft's subp - reply will not be due until, and may be served at the same time as, Novell serves it's oppo memo to Microsoft's mot/compel prod of NetWare files and prepaid balance info (ce)
409
Filed: 02/11/1999
Entered: 02/16/1999
Terminated: 03/02/1999
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file pla's overlength memo in oppo to dft's mot/cont trial date (ce)
410
Filed: 02/11/1999
Entered: 02/16/1999
Declaration
Docket Text: Declaration of Bryan Sparks Re: dft's [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months (ce)
411
Filed: 02/11/1999
Entered: 02/16/1999
Declaration
Docket Text: SEALED Declaration of Thomas W. Burt and Steven L. Holley in support of [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months (ce)
412
Filed: 02/11/1999
Entered: 02/16/1999
Order
Docket Text: Order granting [408-1] stip between Microsoft & Novell to extend time for Novell to file reply memo in supp of mot/quash Microsoft's subp - reply will not be due until, and may be served at the same time as, Novell serves it's oppo memo to Microsoft's mot/compel prod of NetWare files and prepaid balance info signed by Judge Ronald N. Boyce , 2/11/99. cc:atty (ce)
407
Filed: 02/12/1999
Entered: 02/16/1999
Order
Docket Text: Order counsel for parties will not submit further pleadings under seal unless approved by the court for good cause shown signed by Judge Ronald N. Boyce , 2/12/99. cc:atty (ce)
413
Filed: 02/12/1999
Entered: 02/16/1999
Certificate of Service
Docket Text: Certificate of service by Microsoft re following memos in supp of motions for partial sum jgm: [379-1] support memorandum re: alleged intentional incompatibilities; [377-1] support memorandum re: pla's claim of perceived incompatibilities; [381-1] support memorandum re: pla's technological tying claim; [373-1] support memorandum re: pla's state law claim for tortious interference; [375-1] support memorandum re: pla's product preannouncement claims; [356-1] support memorandum re: pla's predisclosure claim; [388-1] support memorandum re: pla's product disparagement claims; [386-1] support memorandum re: pla's licensing practices; [384-1] support memorandum re: pla's European and Japanese claims (ce)
414
Filed: 02/12/1999
Entered: 02/16/1999
Notice of Hearing
Docket Text: Notice of Hearing filed by defendant Microsoft : Motion hearing set for 2:00 2/18/99 for [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months To be held before Judge DB (ce)
415
Filed: 02/12/1999
Entered: 02/16/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [391-1] motion to extend time to 3/31/99 for filing expert rebuttal reports (ce)
426
Filed: 02/12/1999
Entered: 02/18/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [387-1] motion for partial summary judgment on pla's product disparagement claims (public version). Doc is oversized and placed in Volume E. Modified on 01/23/2003
427
Filed: 02/12/1999
Entered: 02/18/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices (public version). Doc is oversized and placed in Volume E. Modified on 01/23/2003
428
Filed: 02/12/1999
Entered: 02/18/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims (public version). Doc is oversized and placed in Volume E. Modified on 01/23/2003
429
Filed: 02/12/1999
Entered: 02/18/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [380-1] motion for partial summary judgment re: pla's "technological tying" claim (public version). Doc is oversized and placed in Volume F. Modified on 01/23/2003
430
Filed: 02/12/1999
Entered: 02/18/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [378-1] motion for partial summary judgment re: alleged intentional incompatibilities (public version). Doc is oversized and placed in Volume F. Modified on 01/23/2003
431
Filed: 02/12/1999
Entered: 02/18/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities" (public version). Doc is oversized and placed in Volume F. Modified on 01/23/2003
432
Filed: 02/12/1999
Entered: 02/18/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims (public version). Doc is oversized and placed in Volume F. Modified on 01/23/2003
433
Filed: 02/12/1999
Entered: 02/18/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [355-1] motion for partial summary judgment on pla's predisclosure claim (public version). Doc is oversized and placed in Volume G. Modified on 01/23/2003
434
Filed: 02/12/1999
Entered: 02/18/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [372-1] motion for partial summary judgment re: pla's state claim of tortious interference (public version). Doc is oversized and placed in Volume G. Modified on 01/23/2003
416
Filed & Entered: 02/16/1999
Memorandum in Opposition to Motion
Docket Text: SEALED Memorandum by Caldera in opposition to Microsoft's motion to compel Novell's production of netware files & preapid balance information (motion not yet received by court) (asb) Modified on 02/16/1999
416
Filed & Entered: 02/16/1999
Memorandum in Support of Motion
Docket Text: SEALED Memorandum by Caldera in support of [347-1] motion to quash Microsoft's fourth subp to Novell (asb)
417
Filed: 02/16/1999
Entered: 02/17/1999
Terminated: 05/20/1999
Motion to Intervene
Docket Text: Motion to intervene by San Jose Mercury News for limited purpose of seeking an order , to unseal court file (asb)
418
Filed: 02/16/1999
Entered: 02/17/1999
Memorandum in Support of Motion
Docket Text: Memorandum by San Jose Mercury News in support of [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [417-2] motion to unseal court file (asb)
419
Filed: 02/16/1999
Entered: 02/17/1999
Declaration
Docket Text: Declaration of Michael Patrick O'Brien Re: [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [417-2] motion to unseal court file (asb)
420
Filed: 02/16/1999
Entered: 02/17/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: SEALED Reply by Microsoft to response to [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months (asb)
421
Filed: 02/16/1999
Entered: 02/17/1999
Terminated: 02/19/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file dfts overlength reply brief in supp of mot/cont trial date (ce)
422
Filed: 02/16/1999
Entered: 02/17/1999
Terminated: 02/19/1999
Motion to Seal
Docket Text: Motion by Microsoft to file under seal dft's reply to pla's oppo to dft's mot/cont trial date (ce)
423
Filed: 02/16/1999
Entered: 02/17/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [422-1] motion to file under seal dft's reply to pla's oppo to dft's mot/cont trial date (ce)
424
Filed: 02/16/1999
Entered: 02/17/1999
Notice of Hearing
Docket Text: Amended Second Notice of Hearing filed by movant Novell Inc : Motion hearing reset for 2:00 3/5/99 for [347-1] motion to quash Microsoft's fourth subp to Novell To be held before Judge RNB cc:atty (ce)
425
Filed: 02/17/1999
Entered: 02/18/1999
Motion/Order Pro Hac Vice
Docket Text: Motion and Order signed by Judge Dee Benson , 2/16/99 . Granting motion /PHV for Attorney: Robert G. Loewy on behalf of movant Bristol Tech
435
Filed: 02/18/1999
Entered: 02/19/1999
Minutes - Miscellaneous
Docket Text: Minute entry:, Motion hearing held for [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months granting [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months, scheduling order deadlines: setting four week Jury Trial for 8:30 1/18/00 ; Judge: Dee Benson] Court Reporter: Ed Young Court Deputy: LaRene Christensen
436
Filed: 02/19/1999
Entered: 02/22/1999
Terminated: 02/23/1999
Motion for Leave to File
Docket Text: Ex parte motion by Novell Inc for leave to file combined overlength memo in support of Novell's mot/quash & memo in opp to Microsoft's mot/compel
437
Filed: 02/19/1999
Entered: 02/22/1999
Terminated: 02/19/1999
Motion for Extension of Time
Docket Text: Stipulation by Microsoft, Novell Inc stip to extend time to 2/19/99 for Novell to file rply memo in support of their mot/quash & mem/opp to Microsoft's mot/compel
438
Filed: 02/19/1999
Entered: 02/22/1999
Order
Docket Text: Order granting [437-1] stip motion to extend time to 2/19/99 for Novell to file rply memo in support of their mot/quash & mem/opp to Microsoft's mot/compel signed by Judge Ronald N. Boyce , 2/19/99 cc:atty
439
Filed: 02/19/1999
Entered: 02/22/1999
Order
Docket Text: Order granting [421-1] Microsoft's motion for leave to file dfts overlength reply brief in supp of mot/cont trial date signed by Judge Dee Benson , 2/19/99 cc:atty
440
Filed: 02/19/1999
Entered: 02/22/1999
Order
Docket Text: Order granting [422-1] motion to file under seal dft's reply to pla's oppo to dft's mot/cont trial date signed by Judge Dee Benson , 2/19/99 cc:atty
441
Filed: 02/19/1999
Entered: 02/22/1999
Affidavit
Docket Text: Affidavit of Karen Owens
442
Filed: 02/19/1999
Entered: 02/22/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Novell Inc to response to [347-1] motion to quash Microsoft's fourth subp to Novell
442
Filed: 02/19/1999
Entered: 02/22/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Novell Inc in opposition to [394-1] motion to compel Novell to produce netware files and prepaid balance information
443
Filed: 02/22/1999
Entered: 02/23/1999
Terminated: 05/18/1999
Motion to Compel
Docket Text: Motion by Caldera to compel production of improperly withheld docs
444
Filed: 02/22/1999
Entered: 02/23/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Caldera in support of [443-1] motion to compel production of improperly withheld docs
445
Filed: 02/22/1999
Entered: 02/23/1999
Terminated: 05/18/1999
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file overlength mem/supp to their mot/compel production of improperly withheld docs
446
Filed: 02/22/1999
Entered: 02/23/1999
Declaration
Docket Text: Declaration of Stephen J. Hill IN SUPPORT Re: [443-1] Caldera's motion to compel production of improperly withheld docs
447
Filed: 02/22/1999
Entered: 02/23/1999
Certificate of Service
Docket Text: Certificate of service [442-1] opposition memorandum, [442-1] response reply, [441-1] affidavit of Karen Owens, [436-1] ex parte motion for leave to file combined overlength memo in of Novell's mot/quash & memo in opp to Microsoft's mot/compel and proposed Order to file overlength memo by Novell Inc
--
Filed & Entered: 02/23/1999
Utility - Miscellaneous
Docket Text: Docs #426-434 - Dft's memos in support of various motions for partial sum jgm have been placed in a white file box and labeled as Volume E. Volume E is located on the shelf
--
Filed: 02/23/1999
Entered: 02/24/1999
Utility - Miscellaneous
Docket Text: Affidavit of Daivd Trotter IN OPPOSITION to Microsoft's mot/compel rec'd on 2/23/99 was lodged in file. Aff is not an orig with orig signature
448
Filed: 02/23/1999
Entered: 02/24/1999
Order
Docket Text: Ex parte order granting [436-1] Novell's ex parte motion for leave to file combined overlength memo in support of Novell's mot/quash & memo in opp to Microsoft's mot/compel signed M Judge RNB 2/23/99 cc: atty
449
Filed: 02/24/1999
Entered: 02/25/1999
Notice of Hearing
Docket Text: AMENDED Notice of Hearing filed by defendant Microsoft : Motion hearing set for 3:00 3/15/99 for [394-1] motion to compel Novell to produce netware files and prepaid balance information, set for 3:00 3/15/99 for [350-2] motion to quash Microsoft's fourth subp to Novell, reset for 3:00 3/15/99 for [347-1] motion to quash Microsoft's fourth subp to Novell To be held before Judge RNB cc: done by cnsl
450
Filed: 02/25/1999
Entered: 02/26/1999
Affidavit
Docket Text: Affidavit of Janet Masinter
451
Filed: 02/25/1999
Entered: 02/26/1999
Affidavit
Docket Text: Affidavit of David Trotter IN OPPOSITION Re: Microsoft's mot/compel (can't determine which mot/compel filed by Microsoft)
--
Filed & Entered: 03/02/1999
Transcript
Docket Text: Transcript of Proceedings for date(s) of 2/4/99 re: Caldera's mot/compel hearing held before M Judge RNB
452
Filed: 03/02/1999
Entered: 03/03/1999
Scheduling Order
Docket Text: Scheduling order resetting; 4 week Jury Trial for 8:30 1/18/00. First portion of trial will be reserved for hrg of mots/in limine & other trial-related motions as approp. Signed by Judge Dee Benson 2/24/99 cc:atty.
453
Filed: 03/02/1999
Entered: 03/03/1999
Terminated: 04/05/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act"
454
Filed: 03/02/1999
Entered: 03/03/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [453-1] motion for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act"
455
Filed: 03/03/1999
Entered: 03/04/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to Bristo. Tech's [405-1] motion for permissive intervention to modify protective order (ce)
456
Filed: 03/04/1999
Entered: 03/05/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Bristol Tech to response to [405-1] motion for permissive intervention to modify protective order by Bristol Tech
457
Filed: 03/10/1999
Entered: 03/11/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [394-1] motion to compel Novell to produce netware files and prepaid balance information
459
Filed: 03/11/1999
Entered: 03/12/1999
Terminated: 05/18/1999
Motion to Intervene
Docket Text: Motion by Bloomberg LP to intervene by Bloomberg LP , for Joinder w/movant The San Jose Mercury News motions filed 2/16/99 (note: these motions have not been filed with the court as The San Jose Mercury News has not yet been allowed to intervene , to unseal the court file (ce)
460
Filed: 03/11/1999
Entered: 03/12/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Bloomberg LP in support of [459-1] motion to intervene by Bloomberg LP, [459-2] motion for Joinder w/movant The San Jose Mercury News motions filed 2/16/99 (note: these motions have not been filed with the court as The San Jose Mercury News has not yet been allowed to intervene, [459-3] motion to unseal the court file (ce)
461
Filed: 03/11/1999
Entered: 03/12/1999
Affidavit
Docket Text: Affidavit of Vivien Chen in support of [459-1] motion to intervene by Bloomberg LP, [459-2] motion for Joinder w/movant The San Jose Mercury News motions filed 2/16/99 (note: these motions have not been filed with the court as The San Jose Mercury News has not yet been allowed to intervene, [459-3] motion to unseal the court file (ce)
458
Filed & Entered: 03/12/1999
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 2:00 3/23/99 for [405-1] motion for permissive intervention to modify protective order by Bristol Tech To be held before Judge Boyce cc:atty (ce)
462
Filed & Entered: 03/15/1999
Minutes - Miscellaneous
Docket Text: Minute entry: Arguments heard. Court rules GRANTING [350-2] motion to quash Microsoft's fourth subp to Novell, GRANTING [347-1] motion to quash Microsoft's fourth subp to Novell; DENYING Microsoft's motion to enforce subpoenas. Novell to prepare order. Judge Ronald N. Boyce Court Reporter: Karen Murakami Tape #: 1672 Log #: 2648-3028 Court Deputy: Trisha Little (tl)
463
Filed: 03/16/1999
Entered: 03/17/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Caldera in support of [405-1] motion for permissive intervention to modify protective order by Bristol Tech
464
Filed: 03/18/1999
Entered: 03/19/1999
Terminated: 05/20/1999
Motion to Intervene
Docket Text: Motion by SL Tribune to intervene by SL Tribune , for Joinder RE: [459-1] motion to intervene by Bloomberg LP, [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [405-1] motion for permissive intervention to modify protective order by Bristol Tech , to unseal court file (ce)
465
Filed: 03/18/1999
Entered: 03/19/1999
Memorandum in Support of Motion
Docket Text: Memorandum by SL Tribune in support of [464-1] motion to intervene by SL Tribune, [464-2] motion for Joinder RE: [459-1] motion to intervene by Bloomberg LP, [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [405-1] motion for permissive intervention to modify protective order by Bristol Tech, [464-3] motion to unseal court file (ce)
466
Filed: 03/22/1999
Entered: 03/23/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [417-2] motion to unseal court file
--
Filed: 03/23/1999
Entered: 03/24/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [387-1] motion for partial summary judgment on pla's product disparagement claims at 1:30 5/25/99, [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims at 1:30 5/25/99. To be held before Judge Benson per sched order #468
--
Filed: 03/23/1999
Entered: 03/24/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices at 1:30 5/27/99 to be held before Judge Benson. See Sched Order #468
--
Filed: 03/23/1999
Entered: 03/24/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [378-1] motion for partial summary judgment re: alleged intentional incompatibilities at 1:30 6/8/99, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities" at 1:30 6/8/99 to be held before Judge Benson. See Sched Order #468
--
Filed: 03/23/1999
Entered: 03/24/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims at 1:30 6/10/99, [355-1] motion for partial summary judgment on pla's predisclosure claim at 1:30 6/10/99 to be held before Judge Benson. See Sched Order #468
--
Filed: 03/23/1999
Entered: 03/24/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [380-1] motion for partial summary judgment re: pla's "technological tying" claim at 1:30 6/16/99 to be held before Judge Benson. See Sched Order #468
--
Filed: 03/23/1999
Entered: 03/24/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [372-1] motion for partial summary judgment re: pla's state claim of tortious interference at 1:30 6/10/99 to be held before Judge Benson. See Sched Order #468
467
Filed & Entered: 03/23/1999
Minutes - Miscellaneous
Docket Text: Minute entry: Arguments heard. Hearing is continued until 3/26/99 at 10:45 p.m. pending the ruling of Judge Hall in related matter. [405-1] motion for permissive intervention to modify protective order by Bristol Tech NOT RULED ON, Motion hearing reset for 10:45 3/26/99 for [405-1] motion for permissive intervention to modify protective order by Bristol Tech ; Judge: Ronald N. Boyce Court Reporter: Electronic Tape #: 1680 Log #: 806-1592 Court Deputy: Trisha Little (tl)
468
Filed: 03/23/1999
Entered: 03/24/1999
Scheduling Order
Docket Text: Scheduling Order setting hearing of all dft's mots for partial sum jgm for 5/25/99; 5/27/99; 6/8/99; 6/10/99 and 6/16/99. Caldera to file mem opps to motions scheduled for hrg on 5/25/99 nlt 4/5/99, dft's reply due nlt 5/3/99; Caldera's mem opps to motions scheduled for 5/27/99 due nlt 4/7/99, reply due 5/5/99; mem opp for hrg of 6/8/99 due nlt 4/14/99 reply due nlt 5/12/99; mem opp for hrg of 6/10/99 due nlt 4/16/99 and reply due nlt 5/14/99; mem opp for hrg of 6/16/99 due nlt 4/23/99 and reply due nlt 5/21/99. Signed by Judge DB, 3/22/99. cc: attys
469
Filed: 03/23/1999
Entered: 03/24/1999
Terminated: 03/29/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength mem/opp to Calderan's mot/compel prod of improperly withheld docs
470
Filed: 03/23/1999
Entered: 03/24/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [443-1] motion to compel production of improperly withheld docs
471
Filed: 03/23/1999
Entered: 03/24/1999
Declaration
Docket Text: Declaration of Jay Holtmeier IN OPPOSITION Re: [443-1] motion to compel production of improperly withheld docs. Doc is oversized and placed in Volume H. Modified on 01/23/2003
472
Filed: 03/26/1999
Entered: 03/29/1999
Notice of Filing
Docket Text: Notice of filing by San Jose Mercury re: ntc of substitution of cnsl for San Jose Mercury News. Attys Edward P. Davis and James Chadwick of Gary, Cary, Ware & Freidenrich is acting in place of Suzanne Heinrich & Richard F. Cauley. Pro hac forms to be filed.
473
Filed: 03/26/1999
Entered: 03/29/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [453-1] motion for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act"
474
Filed & Entered: 03/29/1999
Terminated: 03/29/1999
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file under seal, Caldera's memo in support of the San Jose Mercury News, SL Tribune & Bloomberg LP's mots/intervene & unseal court file
475
Filed & Entered: 03/29/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Caldera in support of [464-1] motion to intervene by SL Tribune, [464-3] motion to unseal court file, [459-1] motion to intervene by Bloomberg LP, [459-3] motion to unseal the court file, [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [417-2] motion to unseal court file
476
Filed: 03/29/1999
Entered: 03/30/1999
Order
Docket Text: Order denying [474-1] motion for leave to file under seal, Caldera's memo in support of the San Jose Mercury News, SL Tribune & Bloomberg LP's mots/intervene & unseal court file signed by Judge Ronald N. Boyce , 3/29/99 cc:atty
477
Filed: 03/29/1999
Entered: 03/30/1999
Order
Docket Text: Order granting [469-1] Microsoft's motion for leave to file overlength mem/opp to Calderan's mot/compel prod of improperly docs signed by Judge Ronald N. Boyce , 3/29/99 cc:atty
--
Filed: 03/30/1999
Entered: 03/31/1999
Utility - Miscellaneous
Docket Text: Certif of service re'd on 3/30/99 by Caldera re: memo in support of San Jose Mercury News, SL Trib, & Bloomberg LP motions to intervene and unseal court file (redacted version) was lodged in file. Judge RNB denied mot/seal orig memo with exhibits and redacted version of the memo was returned on 3/30/99 to cnsl Ryan Tibbitts
478
Filed: 03/31/1999
Entered: 04/01/1999
Certificate of Service
Docket Text: Certificate of service [475-1] support memorandum by Caldera
479
Filed: 04/02/1999
Entered: 04/05/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [453-1] motion for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act"
480
Filed & Entered: 04/05/1999
Minutes - Miscellaneous
Docket Text: Minute entry: Arguments heard on defendant's request to supplement their briefs for clarification. Court rules that Microsoft may file supplemental briefs within 10 days to clarify their section 1 and 2 issues in their leave to amend their partial summary judgment motions. Caldera will then have an additional 10 days to respond to those clarifications. The psumjgm motions will be heard before Judge Benson. GRANTING [453-1] motion for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act" ; Judge: Ronald N. Boyce Court Reporter: Electronic Tape #: 1689 Log #: 2294-3278 Court Deputy: Trisha Little (tl)
481
Filed: 04/05/1999
Entered: 04/07/1999
Terminated: 06/08/1999
Motion to Strike
Docket Text: Motion by Caldera to strike Microsoft's partial sum jgm breifs relating to substantive antitrust violations [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for partial summary judgment on pla's predisclosure claim
482
Filed & Entered: 04/07/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Caldera in support of [481-1] motion to strike Microsoft's partial sum jgm breifs relating to substantive antitrust violations [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for partial summary judgment on pla's predisclosure claim. Per Judge RNB - this memo is not filed under seal
483
Filed: 04/07/1999
Entered: 04/09/1999
Order
Docket Text: Order, for leave to withdraw pleadings from file that were filed by Caldera with the Ct on 4/7/99 signed by Judge Dee Benson , 4/7/99 cc:atty. Note: pleadings were released by Louise York to Ryan Tibbitts, cnsl for Caldera on 4/7/99
490
Filed: 04/09/1999
Entered: 04/14/1999
Terminated: 01/11/2000
Response (NOT to motion)
Docket Text: Response by Microsoft to [453-1] motion for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act". Per Judge RNB - ltr is to be docketed as a response
486
Filed: 04/12/1999
Entered: 04/13/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by San Jose Mercury to response to [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [417-2] motion to unseal court file (ce)
487
Filed: 04/12/1999
Entered: 04/13/1999
Declaration
Docket Text: Declaration of Edward P. Davis, Jr. in supp of [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [417-2] motion to unseal court file (ce)
484
Filed & Entered: 04/13/1999
Terminated: 04/13/1999
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file under seal, Caldera's reply memo in support of it's mot/compel prod of improperly withheld docs
485
Filed & Entered: 04/13/1999
Order
Docket Text: Order denying [484-1] Caldera's motion for leave to file under seal, Caldera's reply memo in support of it's mot/compel prod of improperly withheld docs signed by Judge Ronald N. Boyce , 4/12/99 cc:atty
488
Filed & Entered: 04/13/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Caldera to response to [443-1] motion to compel production of improperly withheld docs (ce)
489
Filed & Entered: 04/13/1999
Declaration
Docket Text: Declaration of Philip S. McCune in supp of [488-1] response reply of pla in supp of pla's mot/compel prod of improperly withheld documents (ce)
491
Filed & Entered: 04/15/1999
Motion/Order Pro Hac Vice
Docket Text: Motion and Order signed by Judge Dee Benson , 4/14/99 . Granting motion /PHV for Attorney: James Chadwick, Edward P. Davis on behalf of movant San Jose Mercury
492
Filed: 04/21/1999
Entered: 04/22/1999
Terminated: 01/11/2000
Motion to Seal
Docket Text: Motion by Microsoft for order that certain exhibits and information be filed under seal re: info contained in memo filed by pla Caldera Modified on 04/22/1999
493
Filed: 04/21/1999
Entered: 04/22/1999
Terminated: 01/11/2000
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file under seal dft's memo in support of mot/for order that certain exh & info be filed under seal
494
Filed: 04/21/1999
Entered: 04/22/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [493-1] motion for leave to file under seal dft's memo in support of mot/for order that certain exh & info be filed under seal
495
Filed: 04/21/1999
Entered: 04/22/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [492-1] motion for order that certain exhibits and information be filed under seal re: info contained in memo filed by pla Caldera
496
Filed: 04/27/1999
Entered: 04/28/1999
Order
Docket Text: Order denying [394-1] Microsoft's motion to compel Novell to produce netware files and prepaid balance information, granting [350-2] Caldera's motion to quash Microsoft's fourth subp to Novell, granting [347-1] Novell's motion to quash Microsoft's fourth subp to Novell signed by Judge Ronald N. Boyce , 4/27/99 cc:atty
497
Filed & Entered: 04/28/1999
Notice of Filing
Docket Text: Notice of filing Caldera's Consolidated Stmt of Facts in Support of its Responses (Redacted Version note: responses forthcoming) re: Microsoft's [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's practices, [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for partial summary judgment on pla's predisclosure claim by Caldera
498
Filed: 04/28/1999
Entered: 04/29/1999
Addendum
Docket Text: Addendum/Corrections to [497-1] file notice re: consolidated stmt of facts filed by Caldera .
499
Filed: 04/28/1999
Entered: 04/29/1999
Notice of Hearing
Docket Text: Notice of Hearing filed by movant San Jose Mercury : Motion hearing set for 2:00 5/20/99 for [464-1] motion to intervene by SL Tribune, set for 2:00 5/20/99 for [464-3] motion to unseal court file, set for 2:00 5/20/99 for [459-1] motion to intervene by Bloomberg LP, set for 2:00 5/20/99 for [459-3] motion to unseal the court file, set for 2:00 5/20/99 for [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, set for 2:00 5/20/99 for [417-2] motion to unseal court file To be held before Judge RNB cc:atty
--
Filed & Entered: 04/29/1999
Minutes - Miscellaneous
Docket Text: Tele-conference held with counsel on the filing/sealing of Caldera's motions. A hearing to be held after counsel for Microsoft has a chance to review the motions. (tl)
500
Filed: 04/29/1999
Entered: 04/30/1999
Terminated: 01/11/2000
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file publicly file mem/opp to dft's mot/part sum jgm on pla's technolgical tying claim
501
Filed: 04/29/1999
Entered: 04/30/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [380-1] motion for partial summary judgment re: pla's "technological tying" claim
502
Filed: 04/29/1999
Entered: 04/30/1999
Declaration
Docket Text: Declaration of Lynn M. Engel IN SUPPORT Re: [501-1] Caldera's opposition memorandum to dft's mot/part sum jgm on technological tying claim. Doc is oversized and placed in Volume I. Modified on 01/23/2003
503
Filed: 05/03/1999
Entered: 05/04/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [387-1] motion for partial summary judgment on pla's product disparagement claims
504
Filed: 05/03/1999
Entered: 05/04/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices (redacted version)
505
Filed: 05/03/1999
Entered: 05/04/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims
506
Filed: 05/03/1999
Entered: 05/04/1999
Order
Docket Text: Order granting [453-1] motion for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act". Dft may have 10 addtl days to make any modifications to the mem/sups to their mots/partial sum jgm as necessary signed by Judge Ronald N. Boyce , 4/30/99 cc:atty
507
Filed: 05/03/1999
Entered: 05/04/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [481-1] motion to strike Microsoft's partial sum jgm briefs relating to substantive antitrust violations [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for partial summary judgment on pla's predisclosure claim
509
Filed: 05/03/1999
Entered: 05/04/1999
Response - Miscellaneous
Docket Text: Memorandum by Microsoft in opposition to [500-1] motion for leave to file publicly file mem/opp to dft's mot/part sum jgm on pla's technolgical tying claim in support of [508-1] 2nd motion for order that certain exhibits and information attached to memos filed by Caldera on 4/19 and 4/20 be filed under seal
508
Filed & Entered: 05/04/1999
Terminated: 01/11/2000
Motion to Seal
Docket Text: Second Motion by Microsoft for order that certain exhibits and information attached to memos filed by Caldera on 4/19 and 4/20 be filed under seal
510
Filed: 05/04/1999
Entered: 05/05/1999
Notice of Hearing
Docket Text: Notice of Hearing filed by plaintiff Caldera : Motion hearing set for 4:00 5/18/99 for [443-1] motion to compel production of improperly withheld docs To be held before Judge RNB cc: done by cnsl
511
Filed: 05/05/1999
Entered: 05/06/1999
Terminated: 01/11/2000
Motion to Seal
Docket Text: Third Motion by Microsoft 3rd motion for order to seal certain exhibits and information re: one expert rpt attached to memo filed by dft Microsoft on 5/5/99
512
Filed: 05/05/1999
Entered: 05/06/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [511-1] 3rd motion for order to seal certain exhibits and information re: one expert rpt attached to memo filed by dft Microsoft on 5/5/99
513
Filed: 05/05/1999
Entered: 05/06/1999
Terminated: 05/18/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength memo in resp & objecting to Caldera's Consolidated Stmt of Facts
514
Filed: 05/05/1999
Entered: 05/06/1999
Terminated: 01/11/2000
Response (NOT to motion)
Docket Text: Response by Microsoft (public version) to [497-1] Caldera file notice re: Consolidated Stmt of Facts (redacted version) in support of its responses to Microsoft's mots/partial sum jgm. Doc is oversized and placed in Volume I. Modified on 01/23/2003
514
Filed: 05/05/1999
Entered: 05/06/1999
Objections
Docket Text: Objections (public version) by Microsoft [497-1] file notice re: Caldera's Consolidated Stmt of Facts in support of its responses (redacted version) to Microsoft's mots/partial sum jgm. Doc is oversized and placed in Volume I. Modified on 01/23/2003
515
Filed: 05/05/1999
Entered: 05/06/1999
Terminated: 01/11/2000
Response (NOT to motion)
Docket Text: Unsealed Response by Microsoft to [497-1] file notice re: Caldera's Consolidated Stmt of Facts. Unsealed purs to Order #665. Doc oversized and placed in Volume V. Modified on 01/23/2003
515
Filed: 05/05/1999
Entered: 05/06/1999
Objections
Docket Text: Unsealed Objections by Microsoft [497-1] file notice re: Caldera's Consolidated Stmt of Facts. Unsealed purs to Order #665. Doc is oversized and placed in Volume V. Modified on 01/24/2003
516
Filed & Entered: 05/06/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [387-1] motion for partial summary judgment on pla's product disparagement claims
516
Filed & Entered: 05/06/1999
Objections
Docket Text: Objections by Microsoft to the declaration of Evan Ivie
517
Filed & Entered: 05/06/1999
Terminated: 05/18/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength reply memo in support of Microsoft's mot/partial sum jgm on Caldera's Product Disparagement Claims & Obj to decl of Evan Ivie
518
Filed & Entered: 05/06/1999
Terminated: 05/18/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength rply memo re: dft's mot/part sum jgm on Product Preannouncement Claims
519
Filed & Entered: 05/06/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims
520
Filed & Entered: 05/06/1999
Certificate of Service
Docket Text: Certificate of service by Caldera re: suppl resp to Microsoft's interrogs
521
Filed: 05/07/1999
Entered: 05/10/1999
Exhibits
Docket Text: Exhibits - 5 Volumes of Depo Excerpts filed by plaintiff Caldera IN SUPPORT RE: [497-1] file notice re: Caldera's consolidated fact stmt in support of resp to mots/sum jgm by Microsoft (public version). Labeled as Volume J. Modified on 01/23/2003
522
Filed: 05/07/1999
Entered: 05/10/1999
Exhibits
Docket Text: Exhibits consisting of volumes 8-18 filed by plaintiff Caldera IN SUPPORT RE: [497-1] file notice re: Caldera's Consolidated Stmt of Fact of responses to mots/sum jgm filed by dft (public version). Consists of 11 oversized documents and placed in Volumes K, L, M, N. Modified on 01/23/2003
523
Filed: 05/07/1999
Entered: 05/10/1999
Exhibits
Docket Text: Exhibits consisting of volumes 19-28 filed by plaintiff Caldera IN SUPPORT RE: [497-1] file notice re: Caldera's Consolidated Stmt of Fact of responses to mots/sum jgm filed by dft (public version). Consists of 10 oversized documents and placed in Volumes O,P,Q. Modified on 01/23/2003
524
Filed: 05/10/1999
Entered: 05/11/1999
Terminated: 05/18/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength reply memo in support of their mot/partial sum jgm on pla's licensing practices claims
525
Filed: 05/10/1999
Entered: 05/11/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices
526
Filed: 05/11/1999
Entered: 05/13/1999
Terminated: 11/03/1999
Motion for Partial Summary Judgment
Docket Text: Amended [355-1] motion for partial summary judgment on pla's predisclosure claim amd mot/for partial summary judgment re: pla's predisclosure claim by Microsoft
527
Filed: 05/11/1999
Entered: 05/13/1999
Terminated: 06/28/1999
Motion for Partial Summary Judgment
Docket Text: Amended [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices amd mot/for partial summary judgment re: Microsoft's licensing practices by Microsoft
528
Filed: 05/11/1999
Entered: 05/13/1999
Terminated: 11/03/1999
Motion for Partial Summary Judgment
Docket Text: Amended [380-1] motion for partial summary judgment re: pla's "technological tying" claim amd mot/for partial summary judgment on pla's technological tying claim by Microsoft
529
Filed: 05/11/1999
Entered: 05/13/1999
Terminated: 11/03/1999
Motion for Partial Summary Judgment
Docket Text: Amended [378-1] motion for partial summary judgment re: alleged intentional incompatibilities amd mot/for partial summary judgment re: alleged intentional incompatibilities by Microsoft
530
Filed: 05/11/1999
Entered: 05/13/1999
Terminated: 11/03/1999
Motion for Partial Summary Judgment
Docket Text: Amended [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities" amd mot/for partial summary judgment on pla's claim of perceived incompatibilities by Microsoft
531
Filed: 05/11/1999
Entered: 05/13/1999
Certificate of Service
Docket Text: Certificate of service [530-1] amd mot/for partial summary judgment on pla's claim of perceived incompatibilities, [529-1] amd mot/for partial summary judgment re: alleged intentional incompatibilities, [528-1] amd mot/for partial summary judgment on pla's technological tying claim, [527-1] amd mot/for partial summary judgment re: Microsoft's licensing practices, [526-1] amd mot/for partial summary judgment re: pla's predisclosure claim by Microsoft
541
Filed: 05/17/1999
Entered: 05/20/1999
Memorandum in Support of Motion
Docket Text: Suppl Pleading/Memorandum by Bristol Tech in support of [405-1] motion for permissive intervention to modify protective order by Bristol Tech
541
Filed: 05/17/1999
Entered: 05/20/1999
Request
Docket Text: Request for further hrg filed by Bristol Tech re: [405-1] motion for permissive intervention to modify protective order by Bristol Tech
532
Filed: 05/18/1999
Entered: 05/19/1999
Minutes - Miscellaneous
Docket Text: Minute entry: Arguments heard on Caldera's motion to compel production of improperly withheld documents, doc #443. The issues are narrowed and clarified. Court rules: GRANTING in part. Caldera to prepare order in a narrow sharp fashion; submit it to other side. If any question, counsel to meet and confer until agreement is made. Court does not wish an order submitted with objections. GRANTING in part [443-1] motion to compel production of improperly withheld docs ; Judge: Ronald N.Boyce Court Reporter: Karen Murakami Tape #: 1715/1716 Log #: 2722-end and 0-989 Court Deputy: Trisha Little (tl)
533
Filed: 05/18/1999
Entered: 05/20/1999
Order
Docket Text: Order granting [513-1] motion for leave to file overlength memo in resp & objecting to Caldera's Consolidated Stmt of Facts signed by Judge Dee Benson , 5/17/99 cc:atty
534
Filed: 05/18/1999
Entered: 05/20/1999
Order
Docket Text: Order granting [518-1] motion for leave to file overlength rply memo re: dft's mot/part sum jgm on Product Preannouncement Claims signed by Judge Dee Benson , 5/17/99 cc:atty
535
Filed: 05/18/1999
Entered: 05/20/1999
Order
Docket Text: Order granting [517-1] motion for leave to file overlength reply memo in support of Microsoft's mot/partial sum jgm on Caldera's Product Disparagement Claims & Obj to decl of Evan Ivie signed by Judge Dee Benson , 5/17/99 cc:atty
536
Filed: 05/18/1999
Entered: 05/20/1999
Order
Docket Text: Order granting [524-1] motion for leave to file overlength reply memo in support of their mot/partial sum jgm on pla's licensing practices claims signed by Judge Dee Benson , 5/17/99 cc:atty
--
Filed & Entered: 05/19/1999
Transcript
Docket Text: Transcript of Proceedings for date(s) of 5/18/99. Court Reporter: Karen Murakami. re: Motion to Compel prod of docs which Microsoft claims as atty-client or work product privilege held before M Judge RNB
537
Filed: 05/19/1999
Entered: 05/20/1999
Terminated: 05/26/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength reply memo re: Microsoft's mot/part sum jgm on Caldera's claim of perceived incompatibilities
538
Filed: 05/19/1999
Entered: 05/20/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [529-1] amd mot/for partial summary judgment re: alleged incompatibilities, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities
538
Filed: 05/19/1999
Entered: 05/20/1999
Objections
Docket Text: Objections by Microsoft to suppl declaration of Lee Hollaar
539
Filed: 05/19/1999
Entered: 05/20/1999
Terminated: 05/26/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength rply mem re: Microsoft's mot/part sum jgm on pla's alleged intentional incompatibilities Claims & Obj to Suppl Declaration of Lee Hollaar
540
Filed: 05/19/1999
Entered: 05/20/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [530-1] amended motion for partial summary judgment on pla's claim of perceived incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities"
542
Filed: 05/20/1999
Entered: 05/21/1999
Scheduling Order
Docket Text: AMENDED Scheduling order setting hearing on dft's mots/partial sum jgm for 5/25/99, 5/27/99, 6/8/99, 6/10/99, 6/16/99 and 6/29/99. Caldera to file opposing memos scheduled for hrg on 5/25/99 nlt 4/5/99, reply due nlt 5/5/99; opposing memos for scheduled hrg on 5/27/99 due nlt 4/19/99, reply due nlt 5/11/99; opposing memos for scheduled hrg on 6/8/99 due nlt 4/19/99, reply due nlt 5/19/99; opposing memos for hrg on 6/10/99 due nlt 4/20/99, reply due nlt 5/20/99; opposing memos for hrg on 6/16/99 due nlt 4/28/99, reply due nlt 5/28/99; Caldera's rply to their mot/strike partial sum jgm briefs due nlt 5/28/99. Signed by Judge Dee Benson 5/19/99 cc:atty.
543
Filed: 05/20/1999
Entered: 05/21/1999
Terminated: 06/03/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength reply mem re: mot/part sum jgm on pla's state law claim of tortious interference
544
Filed: 05/20/1999
Entered: 05/21/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [372-1] motion for partial summary judgment re: pla's state claim of tortious interference
549
Filed: 05/20/1999
Entered: 05/26/1999
Minutes - Miscellaneous
Docket Text: Minute entry: Standing issue discussed. Arguments heard. Court rules GRANTING in part the motion to Intervene applying a 1st amendment right of access. The courts order of 2/12/99 stands regarding future filing of documents under seal.. Proprietary trade secrets and technology are protected. Microsoft agrees to send a list of the sealed documents to the media. The media will ask for those that they wish unsealed and Microsoft will submit a motion as to those that they agree to. All information from this hearing will be memorialized in an order by Mike O'Brien. granting in part, denying in part [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, granting in part, denying in part [417-2] motion to unseal court file granting in part, denying in part [459-1] motion to intervene by Bloomberg LP, granting in part, denying in part [459-2] motion for Joinder w/movant The San Jose Mercury News motions filed 2/16/99 (note: these motions have not been filed with the court as The San Jose Mercury News has not yet been allowed to intervene, granting in part, denying in part [459-3] motion to unseal the court file granting in part, denying in part [464-1] motion to intervene by SL Tribune, granting in part, denying in part [464-2] motion for Joinder RE: [459-1] motion to intervene by Bloomberg LP, [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [405-1] motion for permissive intervention to modify protective order by Bristol Tech, granting in part, denying in part [464-3] motion to unseal court file ; Judge: Ronald N. Boyce Court Reporter: Laura Robinson Tape #: 1718/1719 Log #: 2037-end and 0-1991 Court Deputy: Trisha Little (tl)
--
Filed & Entered: 05/21/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [387-1] motion for partial summary judgment on pla's product disparagement claims at 1:30 5/25/99, [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims at 1:30 5/25/99. See amended sched order 542
--
Filed & Entered: 05/21/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [527-1] amd mot/for partial summary judgment re: Microsoft's licensing at 1:30 5/27/99. See amd sched order 542
--
Filed & Entered: 05/21/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [530-1] amd mot/for partial summary judgment on pla's claim of perceived incompatibilities at 1:30 6/8/99, [529-1] amended motion for partial summary judgment re: alleged intentional incompatibilities at 1:30 6/8/99, [526-1] amended motion for partial summary judgment re: pla's predisclosure claim at 1:30 6/8/99. See amd sched order 542
--
Filed & Entered: 05/21/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims at 1:30 6/10/99
--
Filed & Entered: 05/21/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [372-1] motion for partial summary judgment re: pla's state claim of tortious interference at 1:30 6/10/99. See amd sched order 542
--
Filed & Entered: 05/21/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [528-1] amended motion amd mot/for partial summary judgment on pla's technological tying claim at 1:30 6/16/99. See amd sched order 542
--
Filed & Entered: 05/21/1999
Minutes - Miscellaneous
Docket Text: Motion hearing re: [481-1] motion to strike Microsoft's partial sum jgm breifs relating to substantive antitrust violations [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for partial summary judgment on pla's predisclosure claim at 2:30 6/29/99. See amd sched order 542
545
Filed: 05/21/1999
Entered: 05/24/1999
Terminated: 05/26/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength rply memo re: Caldera's "predisclosure" claim
546
Filed: 05/21/1999
Entered: 05/24/1999
Terminated: 05/26/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength reply memo re: pla's European & Japanese Claims
547
Filed: 05/21/1999
Entered: 05/24/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [526-1] amd mot/for partial summary judgment re: pla's predisclosure claim
548
Filed: 05/21/1999
Entered: 05/24/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims
554
Filed: 05/25/1999
Entered: 06/01/1999
Minutes - Miscellaneous
Docket Text: Minute entry: After arguments were heard Crt ruled: Taking [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims taken under advisement, [387-1] motion for partial summary judgment on pla's product disparagement claims taken under advisement ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb) Modified on 06/01/1999
550
Filed: 05/26/1999
Entered: 05/27/1999
Order
Docket Text: Order granting [545-1] Microsoft's motion for leave to file overlength rply memo re: Caldera's "predisclosure" claim signed by Judge Dee Benson , 5/25/99 cc:atty
551
Filed: 05/26/1999
Entered: 05/27/1999
Order
Docket Text: Order granting [537-1] Microsoft's motion for leave to file overlength reply memo re: Microsoft's mot/part sum jgm on Caldera's claim of perceived incompatibilities signed by Judge Dee Benson , 5/25/99 cc:atty
552
Filed: 05/26/1999
Entered: 05/27/1999
Order
Docket Text: Order granting [539-1] Microsoft's motion for leave to file overlength rply mem re: Microsoft's mot/part sum jgm on pla's alleged intentional incompatibilities Claims & Obj to Suppl Declaration of Lee Hollaar signed by Judge Dee Benson , 5/25/99 cc:atty
553
Filed: 05/26/1999
Entered: 05/27/1999
Order
Docket Text: Order granting [546-1] Microsoft's motion for leave to file overlength reply memo re: pla's European & Japanese Claims signed by Judge Dee Benson , 5/25/99 cc:atty
555
Filed: 05/27/1999
Entered: 06/01/1999
Minutes - Miscellaneous
Docket Text: Minute entry: after arguments were heard Crt ruled: Taking [527-1] amended motion amd mot/for partial summary judgment re: Microsoft's licensing practices taken under advisement ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb)
556
Filed: 05/28/1999
Entered: 06/01/1999
Memorandum in Opposition to Motion
Docket Text: Suppl Memorandum by Microsoft in opposition to [541-1] Bristol Tech's hearing requested, [405-1] motion for permissive intervention to modify protective order by Bristol Tech
557
Filed & Entered: 06/03/1999
Order
Docket Text: Order granting [543-1] motion for leave to file overlength reply mem re: mot/part sum jgm on pla's state law claim of tortious interference signed by Judge Dee Benson , 6/2/99 cc:atty
558
Filed: 06/03/1999
Entered: 06/04/1999
Terminated: 06/10/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength reply memo re: Caldera's Technological Tying Claim
559
Filed: 06/03/1999
Entered: 06/04/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [528-1] amd mot/for partial summary judgment on pla's technological tying claim, [380-1] motion for partial summary judgment pla's "technological tying" claim
--
Filed: 06/04/1999
Entered: 06/07/1999
Transcript
Docket Text: Transcript of Proceedings for date(s) of 5/25/99. Court Reporter: Ed Young re: dft's mot/partial sum jgm hearing on pla's product preannouncement claims & product disparagement claims held before Judge Benson
--
Filed: 06/04/1999
Entered: 06/07/1999
Transcript
Docket Text: Transcript of Proceedings for date(s) of 5/27/99. Court Reporter: Ed Young re: dft's mot/partial sum jgm on pla's licensing practices claims held before Judge Benson
561
Filed: 06/08/1999
Entered: 06/09/1999
Minutes - Miscellaneous
Docket Text: Minute entry: After arguments were heard Crt ruled: Denying [481-1] motion to strike Microsoft's partial sum jgm breifs relating to substantive antitrust violations [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's practices, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for summary judgment on pla's predisclosure claim ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb)
560
Filed & Entered: 06/09/1999
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 2:00 6/18/99 for [405-1] motion for permissive intervention to modify protective order by Bristol Tech To be held before Judge Boyce cc:atty
562
Filed: 06/09/1999
Entered: 06/10/1999
Terminated: 07/06/1999
Motion in Limine
Docket Text: Motion by Microsoft in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony
563
Filed: 06/09/1999
Entered: 06/10/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [562-1] motion in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony
565
Filed: 06/10/1999
Entered: 06/15/1999
Order
Docket Text: Order granting [558-1] motion for leave to file overlength reply memo re: Caldera's Technological Tying Claim signed by Judge Dee Benson , 6/9/99. cc:atty (ksp)
564
Filed & Entered: 06/14/1999
Minutes - Miscellaneous
Docket Text: Minute entry: After arguments were heard Crt Ruled: Taking [529-1] amended motion amd mot/for partial summary judgment re: alleged intentional incompatibilities taken under advisement, [530-1] amended motion amd mot/for partial summary judgment on pla's claim of perceived incompatibilities under advisement ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb)
566
Filed: 06/14/1999
Entered: 06/15/1999
Order
Docket Text: SECOND AMENDED SCHEDULING Order, Motion hearing set for 1:30 5/25/99 for [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, set for 1:30 5/25/99 for [387-1] motion for partial summary judgment on pla's product disparagement claims, set for 1:30 5/27/99 for [527-1] amended motion amd mot/for partial summary judgment re: Microsoft's licensing practices, set for 1:30 6/8/99 for [481-1] motion to strike Microsoft's partial sum jgm breifs relating to substantive antitrust violations [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for partial summary judgment on pla's predisclosure claim, set for 1:30 6/10/99 for [529-1] amended motion amd mot/for partial summary judgment re: alleged intentional incompatibilities, set for 1:30 6/10/99 for [530-1] amended motion amd mot/for partial summary judgment on pla's claim of perceived incompatibilities, set for 1:30 6/10/99 for [526-1] amended motion amd mot/for partial summary judgment re: pla's predisclosure claim, set for 1:30 6/16/99 for [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims, set for 1:30 6/16/99 for [372-1] motion for partial summary judgment re: pla's state claim of tortious interference, set for 2:30 6/29/99 for [528-1] amended motion amd mot/for partial summary judgment on pla's technological tying claim signed by Judge Dee Benson , 6/10/99 cc:atty (ksp)
567
Filed: 06/18/1999
Entered: 06/21/1999
Brief
Docket Text: Surreply Brief by Caldera IN OPPOSITION re: [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims
568
Filed: 06/24/1999
Entered: 06/25/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [562-1] motion in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony
569
Filed: 06/24/1999
Entered: 06/25/1999
Declaration
Docket Text: Declaration of Lawrence C. Locker IN SUPPORT Re: [568-1] opposition memorandum to Microsoft's mot/in limine to exclude pla's new alleged intentional incompatibilities & new expert testimony
570
Filed: 06/28/1999
Entered: 06/29/1999
Memorandum Decision
Docket Text: Memorandum Decision & Order denying [527-1] amd mot/for partial summary judgment re: Microsoft's licensing practices, denying [387-1] motion for partial summary judgment on pla's product disparagement claims, denying [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims signed by Judge Benson, 6/24/99 cc:atty
571
Filed: 06/29/1999
Entered: 06/30/1999
Reply Brief
Docket Text: Sur-Reply brief filed by Microsoft in further support of [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims (ce)
574
Filed: 06/29/1999
Entered: 07/07/1999
Minutes - Miscellaneous
Docket Text: Minute entry: After arguments were heard Crt took [526-1] amended motion amd mot/for partial summary judgment re: pla's predisclosure claim taken under advisement, [528-1] amended motion amd mot/for partial summary judgment on pla's technological tying claim taken under advisement ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb)
572
Filed: 07/01/1999
Entered: 07/02/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [562-1] motion in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony. Doc is oversized and placed in Volume A. Modified on 01/23/2003
573
Filed: 07/01/1999
Entered: 07/06/1999
Motion/Order Pro Hac Vice
Docket Text: Motion and Order signed by Judge Dee Benson , 7/1/99 . Granting motion /PHV for Attorney: Richard L. Klein & Marcia T. Maack on behalf of movant Bloomberg LP
575
Filed: 07/06/1999
Entered: 07/07/1999
Minutes - Miscellaneous
Docket Text: Minute entry: After arguments were heard Crt ruled: denying [562-1] motion in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony ; Crt makes findings on the record. Pla's to prepare the order. Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb)
576
Filed: 07/07/1999
Entered: 07/09/1999
Minutes - Miscellaneous
Docket Text: Minute entry: After arguments were heard Crt ruled: denying [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims. The made findings on the record. Mr. Hill to prepare the order. On dft's motion for partial summary judgment on pla's state law claim of tortious interference, the Crt requested more briefing from cnsl. The brief's are to be submitted by 8/1/99. Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb)
577
Filed: 07/29/1999
Entered: 07/30/1999
Order
Docket Text: Order denying [562-1] motion in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony signed by Judge Dee Benson , 7/27/99 cc:atty
578
Filed: 07/29/1999
Entered: 07/30/1999
Order
Docket Text: Order denying [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims signed by Judge Dee Benson , 7/27/99 cc:atty
579
Filed: 08/03/1999
Entered: 08/04/1999
Memorandum in Support of Motion
Docket Text: Suppl Memorandum by Microsoft in support of [372-1] motion for partial summary judgment re: pla's state claim of tortious interference with advantageous economic relations (addtl briefing ordered by ct at 7/7/99 hrg). Doc is oversized and placed in Volume A. Modified on 01/23/2003
580
Filed: 08/04/1999
Entered: 08/05/1999
Memorandum in Opposition to Motion
Docket Text: Suppl Memorandum by Caldera in opposition to [372-1] motion for partial summary judgment re: pla's state claim of tortious interference (redacted version)
581
Filed: 08/13/1999
Entered: 08/18/1999
Order
Docket Text: Order granting [464-1] motion to intervene by SL Tribune, granting [459-1] motion to intervene by Bloomberg LP, granting [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order. Reaffirming Order of 2/12/99 signed by Judge Ronald N. Boyce , 8/13/99 cc:atty
--
Filed: 08/16/1999
Entered: 08/17/1999
Transcript
Docket Text: Transcript of Proceedings for date(s) of 3/23/99. Court Reporter: Dawn E. Brunner-Hahn (ksp)
--
Filed: 08/16/1999
Entered: 08/17/1999
Transcript
Docket Text: Transcript of Proceedings for date(s) of 4/5/99. Court Reporter: Karen Murakami (ksp)
--
Filed: 08/16/1999
Entered: 08/17/1999
Transcript
Docket Text: Transcript of Proceedings for date(s) of 3/15/99. Court Reporter: Karen Murakami (ksp)
582
Filed: 08/17/1999
Entered: 08/18/1999
Terminated: 08/19/1999
Motion for Extension of Time
Docket Text: Stipulation by Caldera, Microsoft stip to extend time to 8/31/99 that replies to respective suppl memos re: Caldera's state law claim for tortious interference w/economic relations
583
Filed: 08/19/1999
Entered: 08/23/1999
Order
Docket Text: Order granting [582-1] stip to extend time to 8/31/99 that replies to respective suppl memos re: Caldera's state law claim for tortious interference w/economic relations signed by Judge Dee Benson , 8/18/99 cc:atty
584
Filed: 09/01/1999
Entered: 09/02/1999
Terminated: 01/11/2000
Response to Motion
Docket Text: Response by Microsoft to Caldera's Suppl Memo re: [372-1] motion for partial summary judgment re: pla's state claim of tortious interference
585
Filed: 09/01/1999
Entered: 09/02/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Caldera to Microsoft's suppl memo re: [372-1] Microsoft's motion for partial summary judgment re: pla's state claim of tortious interference
586
Filed: 09/01/1999
Entered: 09/02/1999
Terminated: 09/14/1999
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file overlength reply memo to dft's suppl memo re: mot/part sum jgm on tortious interference w/advantageous economic relations
587
Filed: 09/14/1999
Entered: 09/15/1999
Order
Docket Text: Order granting [586-1] Caldera's motion for leave to file overlength reply memo to dft's suppl memo re: mot/part sum jgm on tortious interference w/advantageous economic relations signed by Judge Dee Benson , 9/3/99 cc:atty
588
Filed: 09/23/1999
Entered: 09/24/1999
Notice of Hearing
Docket Text: Notice of Hearing filed : Final Pretrial Conference set for 2:30 12/7/99 To be held before Judge Benson cc:atty ( Ntc generated by: Chambers DB)
589
Filed: 09/27/1999
Entered: 09/28/1999
Order
Docket Text: Order granting in part, denying in part [443-1] Caldera's motion to compel production of improperly withheld docs signed by Judge Ronald N. Boyce , 9/25/99 cc:atty
590
Filed: 10/04/1999
Entered: 10/05/1999
Terminated: 11/10/1999
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file amended wit list to add Adam Harris and Bill Mickel , and to Take Depositions of Mr. Harris and Mr. Mickel
591
Filed: 10/04/1999
Entered: 10/05/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Caldera in support of [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel
592
Filed: 10/04/1999
Entered: 10/05/1999
Declaration
Docket Text: Declaration of Lynn Kenneth Packer IN SUPPORT Re: [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, [590-2] motion to Take Depositions of Mr. Harris Mr. Mickel
593
Filed: 10/04/1999
Entered: 10/05/1999
Declaration
Docket Text: Declaration of Ryan E. Tibbitts IN SUPPORT Re: [590-1] motion for leave to file amended wit list to add Adam Harris and Bill [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel
594
Filed: 10/04/1999
Entered: 10/05/1999
Declaration
Docket Text: Declaration of Lawrence C. Locker IN SUPPORT Re: [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, [590-2] motion to Take Depositions of Mr. Harris Mr. Mickel
595
Filed & Entered: 10/08/1999
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 2:00 11/8/99 for [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, set for 2:00 11/8/99 for [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel To be held before Judge Boyce cc:atty ( Ntc generated by: Chambers RNB)
596
Filed: 10/20/1999
Entered: 10/21/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Microsoft in opposition to [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel
597
Filed: 10/22/1999
Entered: 10/25/1999
Notice of Hearing
Docket Text: AMD Notice of Hearing filed by plaintiff Caldera : Motion hearing reset for 3:30 11/10/99 for [590-1] motion for leave to file amended wit list to add Adam Harris and Bill reset for 3:30 11/10/99 for [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel To be held before Judge RNB cc:atty ( Ntc generated by: cnsl for pla)
598
Filed: 11/03/1999
Entered: 11/04/1999
Memorandum Decision
Docket Text: Memorandum Decision & Order denying Pla's mot/strike Microsoft's partial sum jgm briefs re: substantive antitrust violations and denying dft's [530-1] amd mot/for partial summary judgment on pla's claim of incompatibilities denying [529-1] amd mot/for partial summary judgment re: alleged intentional incompatibilities denying [528-1] amd mot/for partial summary judgment on pla's technological tying claim denying [526-1] amd mot/for partial summary judgment re: pla's predisclosure claim signed by Judge Benson, 11/3/99 cc:atty
599
Filed & Entered: 11/04/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Caldera to response to [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel
600
Filed & Entered: 11/10/1999
Minutes - Miscellaneous
Docket Text: Minute entry:Counsel present. This matter is before the court on Caldera's motion for leave to file amended witness list to include Adam Harris, Bill Mickel and to take their depostions. Doc #590-1, #590-2. Arguments heard. Court GRANTS motions. Mr. Tibbitts to prepare order. Microsoft can, in return, add 3 rebuttal witnesses. All depositions to be limited to 2hrs each side and at the convenience of the parties. granting [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, granting [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel ; Judge: Ronald N.Boyce Court Reporter: Electronic Tape #: 1831 Log #: 1134-1442 Court Deputy: Trisha Little (tl)
601
Filed: 11/15/1999
Entered: 11/16/1999
Terminated: 01/06/2000
Motion to Unseal Document
Docket Text: Renewal of Motion by San Jose Mercury to unseal parts of court file
602
Filed: 11/15/1999
Entered: 11/16/1999
Memorandum in Support of Motion
Docket Text: Memorandum by San Jose Mercury in support of [601-1] renewed motion to unseal parts of court file
603
Filed: 11/15/1999
Entered: 11/16/1999
Terminated: 11/16/1999
Motion for Joinder
Docket Text: Motion by SL Tribune for Joinder w/San Jose Mercury News RE: [601-1] renewed motion to unseal parts of court file , to unseal parts of court file
604
Filed: 11/16/1999
Entered: 11/17/1999
Terminated: 11/19/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file overlength mem/sup re: mot/in lim to exclude expert testimony of Wm Barnett
605
Filed: 11/16/1999
Entered: 11/17/1999
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to exclude the expert testimony of William P. Barnett
606
Filed: 11/16/1999
Entered: 11/17/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [605-1] motion in limine to exclude the expert testimony of William P. Barnett. Doc is oversized and placed in Volume R. Modified on 01/23/2003
607
Filed: 11/16/1999
Entered: 11/17/1999
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to exclude hearsay evid of stmts by orig equip manufacturers
608
Filed: 11/16/1999
Entered: 11/17/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [607-1] motion in limine to exclude hearsay evid of stmts by orig equip manufacturers. Doc is oversized and placed in Volume S. Modified on 01/23/2003
609
Filed: 11/17/1999
Entered: 11/18/1999
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to exclude reference to gov antitrust actions & settlements (asb)
610
Filed: 11/17/1999
Entered: 11/18/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [609-1] motion in limine to exclude reference to gov antitrust actions & settlements (asb)
611
Filed: 11/19/1999
Entered: 11/22/1999
Order
Docket Text: Order granting [604-1] motion for leave to file overlength mem/sup re: mot/in lim to exclude expert testimony of Wm Barnett signed by Chief Judge Dee Benson , 11/19/99 cc:atty (asb)
612
Filed: 12/02/1999
Entered: 12/03/1999
Order
Docket Text: Order granting [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, granting [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel signed by Judge Ronald N. Boyce , 12/2/99 cc:atty
613
Filed: 12/03/1999
Entered: 12/06/1999
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to exclude reference to the findings of fact entered in US v. Microsoft
614
Filed: 12/03/1999
Entered: 12/06/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [613-1] motion in limine to exclude reference to the findings of fact entered in US v. Microsoft
615
Filed: 12/03/1999
Entered: 12/06/1999
Terminated: 01/06/2000
Motion to Stay
Docket Text: Motion by Microsoft to stay briefing , and for Hearing of renewed motion to unseal parts of court file
616
Filed: 12/03/1999
Entered: 12/06/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [615-1] motion to stay briefing, [615-2] motion for Hearing of renewed motion to unseal parts of court file
617
Filed & Entered: 12/07/1999
Minutes - Miscellaneous
Docket Text: Minute Entry: Cnsl present and discussion held on pretrial matters. Parties will submit to the Court a stipulated pretrial order, along with a scheduling order. Jury Trial to begin 2/1/00 at 8:30 a.m. (rb)
618
Filed: 12/07/1999
Entered: 12/08/1999
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to preclude inadmissible testimony of Phil Barrett
619
Filed: 12/07/1999
Entered: 12/08/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [618-1] motion in limine to preclude inadmissible testimony of Phil Barrett
620
Filed: 12/07/1999
Entered: 12/08/1999
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger
621
Filed: 12/07/1999
Entered: 12/08/1999
Terminated: 12/09/1999
Motion for Leave to File
Docket Text: Motion by Microsoft for leave to file oversize mem/sup re: dft's mot/in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger
622
Filed: 12/07/1999
Entered: 12/08/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [620-1] motion in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger
623
Filed: 12/07/1999
Entered: 12/08/1999
Exhibit List(Proposed)
Docket Text: Trial Exhibit list, attachment 2 to the Pretrial Order by Microsoft
624
Filed: 12/09/1999
Entered: 12/10/1999
Order
Docket Text: Order granting [621-1] motion for leave to file oversize mem/sup re: dft's mot/in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger. Limitation not to exceed 15 pages signed by Chief Judge Dee Benson , 12/8/99 cc:atty
625
Filed & Entered: 12/13/1999
Notice - Miscellaneous
Docket Text: Magistrate Notice of Hearing Motion hearing set for 2:00 1/6/00 for [615-1] Microsoft's motion to stay briefing, set for 2:00 1/6/00 for [603-2] SL Tribune's renewed motion to unseal parts of court file, set for 2:00 1/6/00 for [601-1] San Jose's renewed motion to unseal parts of court file To be held before Judge Boyce cc:atty ( Ntc generated by: Chambers RNB)
626
Filed & Entered: 12/13/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by San Jose Mercury in opposition to [615-1] motion to stay briefing related to renewal of motion to unseal parts of court file and [615-2] motion for Hearing of renewed motion to unseal parts of court file (ce)
627
Filed & Entered: 12/14/1999
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to exclude newly disclosed testimony of Dr. Jeffrey J. Leitzinger and Dr. William E. Wecker
628
Filed & Entered: 12/14/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [627-1] motion in limine to exclude newly disclosed testimony of Dr. Jeffrey J. Leitzinger and Dr. William E. Wecker
629
Filed & Entered: 12/14/1999
Terminated: 01/11/2000
Motion to Expedite
Docket Text: Motion by Microsoft to expedite/shorten briefing period and for an expedited hearing on dft's motion in limine doc #627
630
Filed & Entered: 12/14/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [629-1] motion to expedite/shorten briefing period and for an expedited hearing on dft's motion in limine doc #627
631
Filed: 12/14/1999
Entered: 12/15/1999
Terminated: 01/11/2000
Motion to Strike
Docket Text: Motion by Microsoft to strike Messrs. Kim, Herrick & Yarro (3 witnesses) from Caldera's trial witness list
632
Filed: 12/14/1999
Entered: 12/15/1999
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [631-1] motion to strike Messrs. Kim, Herrick & Yarro (3 witnesses) from Caldera's trial witness list
633
Filed: 12/16/1999
Entered: 12/17/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [605-1] motion in limine to exclude the expert testimony of William P. Barnett Modified on 12/17/1999
634
Filed: 12/16/1999
Entered: 12/21/1999
Order
Docket Text: Order Motion hearing set for 9:30 12/22/99 for [627-1] motion in limine to exclude newly disclosed testimony of Jeffrey J. Leitzinger and Dr. William E. Wecker , pla to file/serve by hand-delivery any oppo to Microsoft's mot/in limine to exclude newly disclosed testimony of Dr. Jeffrey J. Leitzinger and Dr. William E. Wecker no later than 9:00 a.m. on 12/20/99; Microsoft to file & serve by hand-delivery any reply memo on the motion no later than 4:30 p.m. on 12/21/99. The hearing on the mot/in limine to exclude reference to gov antitrust action & stlmt signed by Judge Ronald N. Boyce, 12/15/99. cc:atty (ce)
635
Filed: 12/20/1999
Entered: 12/21/1999
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [627-1] motion in limine to exclude newly disclosed testimony of Dr. Jeffrey J. Leitzinger and Dr. William E. Wecker (ce)
636
Filed: 12/20/1999
Entered: 12/21/1999
Terminated: 12/20/1999
Motion for Leave to File
Docket Text: Motion by Caldera for leave to file overlength mem/opp re: dft's mot/in lime to exclude expert testimony of Wm. Barnett
637
Filed: 12/20/1999
Entered: 12/21/1999
Order
Docket Text: Order granting [636-1] motion for leave to file overlength mem/opp re: dft's mot/in lime to exclude expert testimony Wm. Barnett signed by Chief Judge Dee Benson , 12/17/99 cc:atty
638
Filed: 12/20/1999
Entered: 12/21/1999
Terminated: 01/11/2000
Memorandum in Opposition to Motion
Docket Text: Response by Caldera in opposition to [607-1] motion in limine to exclude hearsay evid of stmts by orig equip manufacturers
639
Filed & Entered: 12/21/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [627-1] motion in limine to exclude newly disclosed testimony of Dr. Jeffrey J. Leitzinger and Dr. William E. Wecker
640
Filed & Entered: 12/21/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [607-1] motion in limine to exclude hearsay evid of stmts by orig equip manufacturers
641
Filed & Entered: 12/21/1999
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [605-1] motion in limine to exclude the expert testimony of William P. Barnett
642
Filed: 12/30/1999
Entered: 01/03/2000
Reply Memorandum/Reply to Response to Motion
Docket Text: Reply by Microsoft to response to [615-1] motion to stay briefing, [615-2] motion for Hearing of renewed motion to unseal parts of court file
643
Filed: 12/30/1999
Entered: 01/03/2000
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to exclude newspaper & magazine articles
644
Filed: 12/30/1999
Entered: 01/03/2000
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [643-1] motion in limine to exclude newspaper & magazine articles
645
Filed: 12/30/1999
Entered: 01/03/2000
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to strike portions of the expert rpt & 3d rpt of Dr. William E. Wecker & to preclude testimony concerning the calculation of pre-jgm interest
646
Filed: 12/30/1999
Entered: 01/03/2000
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [645-1] motion in limine to strike portions of the expert rpt & 3d rpt of Dr. William E. Wecker & to preclude testimony concerning the calculation of pre-jgm interest
647
Filed: 12/30/1999
Entered: 01/03/2000
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to exclude evid of or reference to any review or obj made by the Korean Fair Trade Commission to a Microsoft License Agreement
648
Filed: 12/30/1999
Entered: 01/03/2000
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [647-1] motion in limine to exclude evid of or reference to any review or obj made by the Korean Fair Trade Commission to a Microsoft License Agreement
649
Filed: 01/03/2000
Entered: 01/04/2000
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [618-1] motion in limine to preclude inadmissible testimony of Phil Barrett
650
Filed: 01/03/2000
Entered: 01/04/2000
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [620-1] motion in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger
651
Filed: 01/03/2000
Entered: 01/04/2000
Memorandum in Opposition to Motion
Docket Text: Memorandum by Caldera in opposition to [609-1] motion in limine to exclude reference to gov antitrust actions & settlements
652
Filed: 01/03/2000
Entered: 01/04/2000
Declaration
Docket Text: Declaration of Stephen J. Hill IN SUPPORT Re: [651-1] Caldera's opposition memorandum to Microsoft's mot/in limine to exclude reference to gov antitrust actions & settlements
661
Filed: 01/06/2000
Entered: 01/10/2000
Minutes - Miscellaneous
Docket Text: Minute entry: Counsel present. Arguments heard on various motions. Court rules: GRANTING motions by San Jose Mercury and SL Tribune to unseal parts of court file, docs #601-1, #603-2 and DENYING motion by Microsoft to stay briefing, #615-1. All matters currently under seal will be reviewed by Microsoft and unsealed by the Clerk of the Court, unless Microsoft submits to the court, for review, by 1/21/00 any basis not to unseal specific matters. Summary judgment pleadings were divided into two categories. Those filed before the courts current order of 2/12/99 and those filed after. Those filed before courts order will either be disclosed or Microsoft will need to justify to the court why they shouldn't. Everything will be disclosed in those documents filed after courts order. As to the exhibits attached to the summary judgement motions, Microsoft will provide excerpts that are pertinent with headings and page numbers. All expert reports, 26(a)(2), will be disclosed if the experts will be testifying at trial. Counsel will prepare a joint order. denying [615-1] motion to stay briefing, granting [603-2] motion to unseal parts of court file, granting [601-1] motion to unseal parts of court file ; Judge: Ronald N. Boyce Court Reporter: Electroic Tape #: 1856/1857 Log #: 1307-end and 0 -205 Court Deputy: Trisha Little (tl)
653
Filed: 01/07/2000
Entered: 01/10/2000
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to exclude pla's proposed trial exh 939
654
Filed: 01/07/2000
Entered: 01/10/2000
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [653-1] motion in limine to exclude pla's proposed trial exh 939
655
Filed: 01/07/2000
Entered: 01/10/2000
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to exclude pla's trial exhibit 510
656
Filed: 01/07/2000
Entered: 01/10/2000
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [655-1] motion in limine to exclude pla's trial exhibit 510
657
Filed: 01/07/2000
Entered: 01/10/2000
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to exclude evidence of alleged misconduct by Microsoft directed against companies other than Caldera or its predecessors
658
Filed: 01/07/2000
Entered: 01/10/2000
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [657-1] motion in limine to exclude evidence of alleged misconduct by Microsoft directed against companies other than Caldera or its predecessors
659
Filed: 01/07/2000
Entered: 01/10/2000
Terminated: 01/11/2000
Motion in Limine
Docket Text: Motion by Microsoft in limine to preclude references to Microsoft's alleged "monopoly"
660
Filed: 01/07/2000
Entered: 01/10/2000
Memorandum in Support of Motion
Docket Text: Memorandum by Microsoft in support of [659-1] motion in limine to preclude references to Microsoft's alleged "monopoly"
--
Filed & Entered: 01/10/2000
Transcript
Docket Text: Transcript of Proceedings for date(s) of 2/18/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb)
--
Filed & Entered: 01/10/2000
Transcript
Docket Text: Transcript of Proceedings for date(s) of 5/25/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb)
--
Filed & Entered: 01/10/2000
Transcript
Docket Text: Transcript of Proceedings for date(s) of 5/27/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb)
--
Filed & Entered: 01/10/2000
Transcript
Docket Text: Transcript of Proceedings for date(s) of 6/8/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb)
--
Filed & Entered: 01/10/2000
Transcript
Docket Text: Transcript of Proceedings for date(s) of 6/10/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb)
--
Filed & Entered: 01/10/2000
Transcript
Docket Text: Transcript of Proceedings for date(s) of 6/29/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb)
--
Filed & Entered: 01/10/2000
Transcript
Docket Text: Transcript of Proceedings for date(s) of 7/6/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb)
--
Filed & Entered: 01/10/2000
Transcript
Docket Text: Transcript of Proceedings for date(s) of 7/7/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb)
--
Filed & Entered: 01/10/2000
Transcript
Docket Text: Transcript of Proceedings for date(s) of 12/7/99 Final Pretrial Conference. Court Reporter: Ed Young, 328-3202 (asb)
--
Filed & Entered: 01/10/2000
Transcript
Docket Text: Transcript of Proceedings for date(s) of 12/22/99 Motions in Limine. Court Reporter: Ed Young, 328-3202 (asb)
662
Filed: 01/10/2000
Entered: 01/11/2000
Terminated: 01/10/2000
Motion to Dismiss
Docket Text: Stipulation by Caldera, Microsoft to dismiss first amd cmp with prejudice, each pty to bear own costs. Ct shall retain juris over this matter with respect to the continuing enforcement of the proto in this case entered on 4/1/97 with respect to settlement agreement
663
Filed: 01/10/2000
Entered: 01/11/2000
Order
Docket Text: Order granting [662-1] stipulation motion to dismiss first amd cmp with prejudice, each pty to bear own costs. Ct retain juris over this matter with respect to the continuing enforcement of the proto in this case entered on 4/1/97 with respect to settlement agreement signed by Chief Judge Dee Benson , 1/10/00 cc:atty
--
Filed & Entered: 01/11/2000
Add and Terminate Judges
Docket Text: CASE NO LONGER REFERRED TO Judge Ronald N. Boyce
--
Filed & Entered: 01/11/2000
Terminated Case
Docket Text: Case closed per Order #663
--
Filed: 01/13/2000
Entered: 01/14/2000
Transcript
Docket Text: Transcript of Proceedings for date(s) of 1/6/00 re: Motion to Unseal Parts of Court file held before RNB. Court Reporter: Karen Murakami
664
Filed: 01/18/2000
Entered: 01/19/2000
Order
Docket Text: Order, That Novell's cnsl, John P. Mullen, be allowed to review all pleadings filed by Novell, even those filed under seal and all attachements to all pleadings filed by Novell and those filed under seal signed by Judge Ronald N. Boyce , 1/18/00 cc:atty
665
Filed: 01/25/2000
Entered: 01/26/2000
Order
Docket Text: Order denying [615-1] Microsoft's motion to stay briefing granting [603-2] SL Trib's motion to unseal parts of court file granting [601-1] San Jose Mercury's motion to unseal parts of court file. Sealed cos in the court file are hereby unsealed by the Clerk of Ct: docs 45, 46, 48, 255, 515. Clerk to make copy (but not unseal) doc #130, decl of Charles Eskridge, and deliver to Microsoft's cnsl for redaction. Doc #263 filed by Novell, news media is directed to contact Novell; Microsoft will provide redacted versions of following docs #34, 41, 44, 96, 256, 267, 323; Microsoft will produce redacted version of docs 356, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 384, 385, 386, 387, 388; docs 264, 265, 266, 267, 304, 305 & 306 requested by News media, Microsoft will explain in a log why these docs shall remain sealed. News media may seek in camera review of this position w/in 30 days signed by Judge Ronald N. Boyce, 1/25/00. cc:atty. See Order in file for specifics
666
Filed: 02/02/2000
Entered: 02/03/2000
Terminated: 02/02/2000
Motion for Miscellaneous Relief
Docket Text: Stipulation by Novell Inc, San Jose Mercury, SL Tribune that privileged docs filed by Novell, designated as filing doc #268 & constituting docs filed under seal by Novell for in-camera inspection by the Ct may be released by Clerk of Ct to Novell's attys
667
Filed: 02/02/2000
Entered: 02/03/2000
Order
Docket Text: Order granting [666-1] stipulation motion that privileged docs filed by Novell, designated as filing doc #268 & constituting docs filed under seal by Novell for in-camera inspection by the Ct may be released by Clerk of Ct to Novell's attys signed by Judge Ronald N. Boyce , 1/31/00 cc:atty
668
Filed: 02/03/2000
Entered: 02/04/2000
Receipt
Docket Text: Receipt by movant Novell Inc re: sealed Doc #268 picked up by John P. Mullen, cnsl for Novell, purs to Order #667
669
Filed & Entered: 02/07/2000
Order
Docket Text: AMENDED Order denying [615-1] motion to stay briefing, granting [603-2] SL Tribune's renewed motion to unseal parts of court file, granting [601-1] San Jose's renewed motion to unseal parts of court file. Amends Prev Order #665 that the following sealed doc #255(B) Sealed Memo by Caldera in Support of motion #225(A) to declare portions of Stefanie Reichel's dep to remain sealed. Microsoft to deliver redacted versions to New Media. Signed by Chief Judge Dee Benson , 2/4/00 cc:atty
670
Filed & Entered: 02/09/2000
Remark
Docket Text: Ntc is hereby given that purs to Order #667, signed by M Judge RNB, directing the return of doc #268 to Mr. John P Mullen, cnsl for Novell, was returned to cnsl on 2/2/00.
--
Filed: 03/15/2000
Entered: 03/16/2000
Transcript
Docket Text: Transcript of Proceedings for date(s) of 11/10/99 re: Motion Hearing held before RNB. Court Reporter: Karen Murakami
671
Filed: 05/30/2000
Entered: 05/31/2000
Terminated: 05/30/2000
Motion for Miscellaneous Relief
Docket Text: Stipulation by Microsoft, Caldera for preservation of docs under the protective order
671
Filed: 05/30/2000
Entered: 05/31/2000
Order
Docket Text: Order granting [671-1] stipulation motion for preservation of docs under the protective order signed by Chief Judge Dee Benson , 5/30/00 cc:atty
672
Filed: 10/18/2002
Entered: 10/21/2002
Terminated: 10/24/2002
Motion to Amend/Correct
Docket Text: Motion by Caldera to amend/modify [671-1] stipulated motion for preservation of docs under the protective order (ce) Modified on 10/25/2002
673
Filed: 10/18/2002
Entered: 10/21/2002
Memorandum in Support of Motion
Docket Text: Memorandum by Caldera in support of [672-1] motion to amend/modify [671-1] stipulated motion for preservation of docs under the protective order (ce)
674
Filed: 10/24/2002
Entered: 10/25/2002
Order
Docket Text: Order granting [672-1] motion to amend/modify [671-1] stipulated motion for preservation of docs under the protective order to permit Canopy, the successor-in-interest to Caldera to destroy the docs being preserved in accordance with the stip, signed by Chief Judge Dee Benson , 10/24/02. cc:atty (ce)
675
Filed: 11/13/2002
Entered: 11/14/2002
Notice of Appearance
Docket Text: Notice of attorney appearance for Sun Microsystems by John P. Mullen (asp)
676
Filed: 11/13/2002
Entered: 11/14/2002
Terminated: 09/10/2003
Motion to Intervene
Docket Text: Motion by Sun Microsystems to intervene by Sun Microsystems , to amend [671-1] order (asp)
677
Filed: 11/13/2002
Entered: 11/14/2002
Memorandum in Support of Motion
Docket Text: Memorandum by Sun Microsystems in support of [676-1] motion to intervene by Sun Microsystems, [676-2] motion to amend [671-1] order (asp)
678
Filed: 11/13/2002
Entered: 11/14/2002
Declaration
Docket Text: Declaration of Paul S. Grewall Re: [676-1] motion to intervene by Sun Microsystems, [676-2] motion to amend [671-1] order. Doc is oversized and placed in Volume W. (asp) Modified on 01/23/2003
679
Filed: 11/14/2002
Entered: 11/15/2002
Motion/Order Pro Hac Vice
Docket Text: Motion and Order signed by Chief Judge Dee Benson , 11/14/02 Granting motion/PHV for Attorney Paul S. Grewal on behalf of movant Sun Microsystems cc:attys (asp)
680
Filed: 11/14/2002
Entered: 11/15/2002
Certificate of Service
Docket Text: Certificate of service [675-1] appear/appearance notice, [676-2] motion to amend [671-1] order, [676-1] motion to intervene by Sun Microsystems, [677-1] support memorandum, [678-1] declaration, [679-1] order by Sun Microsystems (asp)
681
Filed: 12/02/2002
Entered: 12/03/2002
Response (NOT to motion)
Docket Text: Response by Caldera to [676-1] motion to intervene by Sun Microsystems, [676-2] motion to amend [671-1] order (asp)
682
Filed & Entered: 12/03/2002
Response (NOT to motion)
Docket Text: Response by Microsoft to [676-1] motion to intervene by Sun Microsystems, [676-2] motion to amend [671-1] order (asp)
683
Filed: 12/16/2002
Entered: 12/17/2002
Terminated: 09/10/2003
Motion for Extension of Time
Docket Text: Motion by Sun Microsystems to extend time until 1/6/03 to file a reply in supp of its motion to intervene (asp)
684
Filed: 12/16/2002
Entered: 12/17/2002
Memorandum in Support of Motion
Docket Text: Memorandum by Sun Microsystems in support of [683-1] motion to extend time until 1/6/03 to file a reply in supp of its motion to intervene (asp)
685
Filed: 12/16/2002
Entered: 12/17/2002
Declaration
Docket Text: Declaration of Paul S. Grewal Re: [683-1] motion to extend time until 1/6/03 to file a reply in supp of its motion to intervene (asp)
686
Filed & Entered: 01/10/2003
Terminated: 01/10/2003
Motion to Amend/Correct
Docket Text: Stipulation by Microsoft, Caldera, Sun Microsystems stip to amend [674-1] order permitting destruction of docs by Canopy Grp (alt)
686
Filed & Entered: 01/10/2003
Order
Docket Text: Order granting [686-1] stipulated motion to amend [674-1] order permitting destruction of docs by Canopy Grp (see order for details) signed by Chief Judge Dee Benson, 1/9/03 cc:atty (alt)
--
Filed & Entered: 01/22/2003
Utility - Miscellaneous
Docket Text: 10 Transcripts of proceedings placed in expandable folders for the following dates - Volume T: 2/18/99, 5/25/99, 5/27/99, 6/8/99, 6/10/99. Volume U: 6/29/99, 7/6/99, 7/7/99, 12/7/99, 12/22/99 (admin) Modified on 01/22/2003

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