Also on the team now from the firm are Jonathan and Joshua Schiller and Samuel Kaplan. Leaving is John E. Schmidtlein of the law firm of Williams & Connolly LLP. Microsoft "does not oppose" him leaving. The rest of the team is still in place.
This means there is a new schedule for filing the appeals briefs. Novell will file by November 21, 2012; Microsoft files by January 23, 2013; and Novell replies by February 22, 2013.
The docket:
09/18/2012 [10002544] Notice of appearance submitted by David
Boies & Joshua Schiller for Appellant Novell, Inc. for court review.
Certificate of Interested Parties: No. Served on 09/18/2012. Manner of
Service: ECF/NDA. [12-4143] --[Edited 09/18/2012 by AT to remove PDF
as pleading was filed on 9/18/12.] JIS
09/18/2012 Open Document [10002585] Notice of appearance filed by Mr.
Joshua I. Schiller and Mr. David Boies for Novell, Inc. CERT. OF
INTERESTED PARTIES: n. Served on 09/18/2012. Manner of Service:
ECF/NDA. [12-4143]
09/18/2012 [10002646] Notice of appearance submitted by Samuel
Kaplan for Appellant Novell, Inc. for court review. Certificate of
Interested Parties: No. Served on 09/18/2012. Manner of Service:
ECF/NDA. [12-4143]--[Edited 09/18/2012 by KLP to delete the
attachment; entry filed.] SK
09/18/2012 Open Document [10002668] Notice of appearance filed by Mr.
Samuel Kaplan for Novell, Inc. CERT. OF INTERESTED PARTIES: n. Served
on 09/18/2012. Manner of Service: ECF/NDA and Federal Express. [12-4143]
09/19/2012 Open Document [10002846] Admissions letter sent. Response
date set to 10/19/2012 for Joshua I. Schiller. [12-4143]
09/19/2012 [10003067] Notice of appearance submitted by Stuart
Singer for Appellant Novell, Inc. for court review. Certificate of
Interested Parties: No. Served on 09/19/2012. Manner of Service:
ECF/NDA. [12-4143] --[Edited 09/19/2012 by SLS to remove PDF file from
docket entry.] SHS
09/19/2012 Open Document [10003111] Notice of appearance filed by Mr.
Stuart H. Singer for Novell, Inc. CERT. OF INTERESTED PARTIES: n.
Served on 09/19/2012. Manner of Service: ECF/NDA, FedEx. [12-4143]
09/28/2012 Open Document [10005917] On the court's own motion and
pursuant to 10th Cir. R. 33.1, order filed by (CLK) extending time to
file appellant's brief until 11/21/2012. Appellant's brief and
appendix due on 11/21/2012 for Novell, Inc. Appellee's brief due
01/23/2013 for Microsoft Corporation. Reply brief due 02/22/2013 for
Novell, Inc. [12-4143]
10/01/2012 Open Document [10006144] Motion filed by Appellant Novell,
Inc. for attorney John E. Schmidtlein to withdraw as counsel.. Served
on: 10/01/2012. Manner of service: ECF/NDA. [12-4143] JMJ
10/01/2012 Open Document [10006231] Order filed by Clerk of the Court
granting Attorney John E. Schmidtlein's motion to withdraw as counsel
for the appellant. Served on 10/01/2012. [12-4143]
As you can see, Boies Schiller messed up and had to refile twice. The Boies Schiller