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To read comments to this article, go here
Trial in SCO v. Novell Now Scheduled for 15 Days Beginning March 8 - Correction
Wednesday, January 06 2010 @ 05:16 PM EST

The trial schedule for SCO v. Novell in Utah has been altered. It was set as a 3-week trial; now it's set for 15 days:

01/06/2010 - 613 - AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 2/25/2010 02:00 PM in Room 142 before Judge Ted Stewart. 15 day Jury Trial set for 3/8/2010 08:30 AM in Room 142 before Judge Ted Stewart. Signed by Judge Ted Stewart on 01/06/2010. (asp) (Entered: 01/06/2010)

Correction: I'm the idiot. Fifteen days is a 3-week trial. So I need to correct, but I simply don't see what has been amended. All I can think of is there may be a change in dates leading up to the trial, but we don't have an earlier schedule.

Here's the article with reports from the status hearing where the original schedule was set. Yes, SCO wanted 2 to 2 1/2 weeks and Novell said 2 1/2 to 3, if I mash together the conflicting reports. I notice that the days are not full days. It's 8:30 am to 1:30 pm. I think we may also assume that Judge Stewart isn't thinking of recusing himself, at least at this point.

In any case, we need to begin thinking about covering that many days of a trial. The cost for transcripts for something like this is way beyond our capabilities. So I'm asking the parties if they would please consider providing a copy of their transcripts when they order them? This is an historic case, one that will go down in history, I'm sure, no matter how it ends. So please would you consider the children, so to speak, the coming generations who will want to study and learn about this litigation?

And if anyone knows anyone who can take notes and will volunteer to attend a day or two or all of it, this is the moment for us to start to get prepared.

Interestingly, originally Judge Dale Kimball's schedule for the trial set 21 days. If you'd like to compare, here is that schedule. No cut off scheduled for the days either, but in fact each day ended at around 2 PM. Of course, the trial got whittled down after so many claims were decided on summary judgment and because a lot got sent to arbitration in Switzerland. Here's what the parties thought was left to try after the summary judgment motions were decided. And then it was decided there'd be no jury. And then SCO filed for bankruptcy on the eve of trial, and after the stay was lifted, a 4-day bench trial was scheduled and held beginning on April 29, 2008 on some money matters, with mixed results, then came SCO's appeal, and here we are.

Here's the original notice, now amended:

[605] - 01-Dec-2009 - Minute Entry for proceedings held before Judge Ted Stewart: Scheduling Conference held on 01-Dec-2009. The Court sets a Final Pretrial Conference for 25-Feb-2010 02:00 PM and a 3-week Jury Trial for 08-Mar-2010 08:30 AM in Room 142 before Judge Ted Stewart. Counsel will meet to determine other dates and deadlines, and Mr. Hatch will submit an order for the Court's signature reflecting those dates. Attorney for Plaintiff: Brent Hatch, Edward Normand, Mauricio Gonzalez, Attorney for Defendant Michael Jacobs, Thomas Karrenberg. Appearing by phone: Judge Edward Cahn, Trusee; and Bonnie Fatelle Court Reporter: Kerry Sorensen. (slm)
I can't see anything changed, now. Can you?

The exact schedule of everything leading up to the trial goes like this:

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

The Court held a status conference on December 1, 2009. Brent O. Hatch, Edward Normand, and Mauricio A. Gonzalez appeared on behalf of the Plaintiff, The SCO Group, Inc. ("SCO") and Thomas Karrenberg and Michael Jacobs appeared on behalf of the Defendant, Novell, Inc. ("Novell"). After reviewing the submissions of the parties, hearing argument from the parties, and considering all other relevant matters of record the Court hereby

ORDERS that the scheduling order in this case be amended as set forth below:

1. TRIAL AND PREPARATION FOR TRIAL TIME DATE
a. Supplemental Rule 26(a)(3) Pretrial Disclosures1 February 1, 2010
b.


Hearing on Novell's pending summary judgment
motion on special damages and Novell's Rule 60
motion
3:00 p.m.


February 4, 2010


c. Motions in Limine including any Daubert Motions February 8, 2010
d.

Special Attorney Conference and Settlement
Conference
February 8, 2010

e.

Oppositions to Motions in Limine including any
Daubert Motions
February 19, 2010

f.



Parties to submit Joint Pretrial Order. Parties to
serve proposed jury instructions and any proposed
special verdict forms. Parties to submit any
proposed additional voir dire to the Court.
February 22, 2010



g. Final Pretrial Conference 2:00 p.m. February 25, 2010
h.



Parties to submit trial briefs, joint proposed jury
instructions, and joint proposed special verdict
forms (with separate proposed instructions or
special verdict forms if agreement not reached)
March 1, 2010



i.

Parties to submit objections to proposed jury
instructions and special verdict forms
March 5, 2010

j.


First Day of Trial. Parties may submit replies in
support of proposed jury instructions and special
verdict forms.
8:30 a.m. -
1.30 p.m.

March 8, 2010


k. Length of trial 15 days,
8:30 a.m. -
1:30 p.m.
March 8-26, 2010

SO ORDERED this 6th day of January, 2010.

BY THE COURT

__[signature]___
Honorable Ted Stewart
United States District Court Judge

___

1 The parties have previously made Rule 26(a)(3) disclosures. Each party reserves the right to oppose the other party's supplemental disclosure, by February 8, 2010.


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