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(b)(1)(A), COPYRIGHT, MAG

Electronic Case Filing System
District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:04-cv-00139-DAK-BCW


SCO Grp v. Novell Inc
Assigned to: Judge Dale A. Kimball
Referred to: Magistrate Judge Brooke C. Wells
Demand: $0
Case in other court:  Third Dist, SL Cnty, 040900936
Cause: 28:1441 Notice of Removal

Date Filed: 02/06/2004
Jury Demand: None
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question

Date Filed

#

Docket Text

09/14/2007 471 NOTICE of Filing for Bankruptcy by SCO Group (Attachments: # 1 Exhibit Exhibit A to Notice of Filing For Bankruptcy)(James, Mark) (Entered: 09/14/2007)
09/14/2007 470 **SEALED DOCUMENT** Novell's Trial Brief filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (blk) (Entered: 09/14/2007)
09/14/2007 469 ORDER denying 419 Motion for Reconsideration or Clarification. Signed by Judge Dale A. Kimball on 9-14-07. (sih) (Entered: 09/14/2007)
09/14/2007 468 NOTICE OF CONVENTIONAL FILING of Novell's Trial Brief [Filed Under Seal] filed by Defendant Novell, Inc. (Sneddon, Heather) (Entered: 09/14/2007)
09/14/2007 467 TRIAL BRIEF [REDACTED] by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Sneddon, Heather) (Entered: 09/14/2007)
09/13/2007 466 Modification of Docket: re 440 Reply Memorandum/Reply to Response to Motion re 390 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed filed by Plaintiff SCO Group. (Attachments: # (1) Exhibit A-B (Unpublished Cases). CORRECTION: SEE COUNSEL'S CORRECTED ENTRY FOR THIS DOCUMENT DATED 9/4/07, ENTRY 441 and 442 . Entry 440 was modified on 9/13/2007 by removing link to Motion 390 as this Reply relates to the Sealed Motion re: Musika, document 405 dated 8/24/07. (ce) (Entered: 09/13/2007)
09/13/2007 465 **SEALED DOCUMENT** REPLY MEMORANDUM IN FURTHER SUPPORT re 419 Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re 377 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment filed by Plaintiff SCO Group. (blk) (Entered: 09/13/2007)
09/13/2007 464 ORDER granting 462 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 9/13/07. (blk) (Entered: 09/13/2007)
09/12/2007 463 REDACTION to 461 Notice of Conventional Filing re SCOS REPLY MEMORANDUM IN FURTHER SUPPORT OF ITS MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1# 2 Exhibit 2: Filed Under Seal# 3 Exhibit 3# 4 Exhibit 4)(Normand, Edward) (Entered: 09/12/2007)
09/12/2007 462 Plaintiff's MOTION for Leave to File Excess Pages re SCOS REPLY MEMORANDUM IN FURTHER SUPPORT OF ITS MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward) (Entered: 09/12/2007)
09/12/2007 461 NOTICE OF CONVENTIONAL FILING of SCOS REPLY MEMORANDUM IN FURTHER SUPPORT OF ITS MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER filed by Plaintiff SCO Group re [458] Sealed Document, (Normand, Edward) (Entered: 09/12/2007)
09/12/2007 460 NOTICE of Courtroom Change for Trial by Novell, Inc. (Sneddon, Heather) (Entered: 09/12/2007)
09/11/2007 457 ORDER denying 390 Motion to Strike Exhibits; denying [405] Motion to Exclude Testimony. Signed by Judge Dale A. Kimball on 9-11-07. (sih) (Entered: 09/11/2007)
09/10/2007 459 **SEALED DOCUMENT** DECLARATION OF DAVID E MELAUGH re [458] Sealed Memorandum in Opposition, filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (blk) (Entered: 09/11/2007)
09/10/2007 458 **SEALED DOCUMENT** MEMORANDUM IN OPPOSITION re 419 Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re 377 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment, filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (blk) Modified on 9/11/2007 by correcting filed date to 9/10/07(blk). (Entered: 09/11/2007)
09/10/2007 456 NOTICE OF CONVENTIONAL FILING of Novell's Opposition to SCO's Motion for Reconsideration and David Melaugh's Declaration filed by Defendant Novell, Inc. (Sneddon, Heather) (Entered: 09/10/2007)
09/10/2007 455 DECLARATION of David E. Melaugh re 454 Memorandum in Opposition to Motion,, [REDACTED] filed by Novell, Inc.. (Attachments: # 1 Exhibit 5)(Sneddon, Heather) (Entered: 09/10/2007)
09/10/2007 454 MEMORANDUM in Opposition re 419 Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re 377 Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment [REDACTED] filed by Defendant Novell, Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Sneddon, Heather) Modified on 9/13/2007 by removing duplicative text created when this entry was made (ce). (Entered: 09/10/2007)
09/07/2007 453 ORDER granting 385 Motion to Strike ; granting 387 Motion to Dismiss ; finding as moot 389 Motion in Limine; granting 391 Motion in Limine; granting 393 Motion in Limine; denying 395 Motion in Limine; finding as moot in part and denying in part [406] & [408] Sealed Amended Motion in Limine; denying 410 Motion for Entry of Judgment. Signed by Judge Dale A. Kimball on 9-7-07. (sih) (Entered: 09/07/2007)
09/05/2007 452 OBJECTIONS to 382 Witness List(Proposed) (Novell's Second Amended Rule 26 Pretrial Disclosures) filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A)(Normand, Edward) (Entered: 09/05/2007)
09/05/2007 451 OBJECTIONS to Novell's Proposed Supplemental Jury Instructions filed by Plaintiff SCO Group. (Normand, Edward) (Entered: 09/05/2007)
09/05/2007 450 OBJECTIONS to SCO's Supplemental Jury Instructions filed by Defendant Novell, Inc.. (Sneddon, Heather) (Entered: 09/05/2007)
09/05/2007 448 MEMORANDUM in Opposition re 410 Plaintiff's MOTION for Entry of Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b) filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Sneddon, Heather) (Entered: 09/05/2007)
09/05/2007 447 ORDER granting 444 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 9/5/07. (kla) (Entered: 09/05/2007)
09/04/2007 449 **SEALED DOCUMENT** REPLY MEMORANDUM in Further Support of [406] SCO's Sealed Motion in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements filed by Plaintiff SCO Group. (blk) (Entered: 09/05/2007)
09/04/2007 446 REPLY to Response to Motion re 390 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed filed by Plaintiff SCO Group. (Normand, Edward) (Entered: 09/04/2007)
09/04/2007 445 REPLY to Response to Motion re 389 Plaintiff's MOTION in Limine to Exclude All Evidence Related to Other Litigation and Commentary Thereon filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A (Unpublished Case))(Normand, Edward) (Entered: 09/04/2007)
09/04/2007 444 Plaintiff's MOTION for Leave to File Excess Pages re: SCO's Reply Memorandum In Further Support of SCO's Motion in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward) (Entered: 09/04/2007)
09/04/2007 443 NOTICE OF CONVENTIONAL FILING of SCO's Reply Memorandum In Further Support of SCO's Motion In Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements filed by Plaintiff SCO Group (Normand, Edward) (Entered: 09/04/2007)
09/04/2007 442 REPLY to Response to Motion Re: SCO's Motion to Exclude Testimony of Terry L. Musika filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-B (Unpublished Cases))(Normand, Edward) (Entered: 09/04/2007)
09/04/2007 441 NOTICE of CORRECTED FILING by SCO Group re 440 Reply Memorandum/Reply to Response to Motion (Normand, Edward) (Entered: 09/04/2007)
09/04/2007 440 SEE CORRECTED ENTRY FOR THIS DOCUMENT DATED 9/4/07, ENTRY 441 . REPLY to Response to Motion re 390 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-B (Unpublished Cases))(Normand, Edward) Modified on 9/13/2007 by removing link to Motion 390 . This Reply relates to the Sealed Motion re: Musika, document 405 dated 8/24/07. See counsel's corrective entry re: this reply, entry 441 dated 9/4/07 (ce). (Entered: 09/04/2007)
09/04/2007 439 REPLY to Response to Motion re 387 MOTION to Dismiss Voluntarily Its Third Claim for Relief filed by Defendant Novell, Inc.. (Sneddon, Heather) (Entered: 09/04/2007)
09/04/2007 438 REPLY to Response to Motion re 385 MOTION to Strike SCO's Jury Demand filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Sneddon, Heather) (Entered: 09/04/2007)
09/04/2007 437 REPLY to Response to Motion re 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Sneddon, Heather) (Entered: 09/04/2007)
09/04/2007 436 REPLY to Response to Motion re 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Sneddon, Heather) (Entered: 09/04/2007)
09/04/2007 435 REPLY to Response to Motion re 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue filed by Defendant Novell, Inc.. (Sneddon, Heather) (Entered: 09/04/2007)
08/31/2007 434 **SEALED DOCUMENT** filed by Defendant Novell, Inc. - Declaration of David E. MeLaugh in Support of Novell's Opposition (entry 433) to SCO's Motions in Limine entry numbers 406 and 408 (note: there is no image of this document). (ce) (Entered: 09/04/2007)
08/31/2007 433 **SEALED DOCUMENT** filed by Defendant Novell, Inc. in Opposition to SCO's 406 and 408 Motions in Limine Regarding Apportionment of Microsoft and Sun SCOSOURCE Licenses (note: no image attached to this entry). (ce) (Entered: 09/04/2007)
08/31/2007 432 **SEALED DOCUMENT** filed by Defendant Novell, Inc. - Opposition to SCO's 405 Motion in Limine to Exclude Testimony of Terry L. Musika (note: there is no image attached to this entry). (ce) (Entered: 09/04/2007)
08/31/2007 431 Proposed Jury Instructions by Novell, Inc.. (Attachments: # 1 Exhibit 1, 2)(Sneddon, Heather) (Entered: 08/31/2007)
08/31/2007 430 Plaintiff's MEMORANDUM in Opposition re 385 MOTION to Strike SCO's Jury Demand filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-B: Unpublished Cases)(Normand, Edward) (Entered: 08/31/2007)
08/31/2007 429 OBJECTIONS to 381 Exhibit List(Proposed) (SCO's Second Amended Rule 26 Disclosure) filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A)(Sneddon, Heather) (Entered: 08/31/2007)
08/31/2007 428 NOTICE OF CONVENTIONAL FILING of Novell's Oppositions to SCO's Motions in Limine Regarding Terry L. Musika and the Apportionment of Microsoft and Sun SCOsource Licenses, and the Declaration of David E. Melaugh filed by Defendant Novell, Inc. (Sneddon, Heather) (Entered: 08/31/2007)
08/31/2007 427 DECLARATION of David E. Melaugh re 426 Memorandum in Opposition to Motion, 425 Memorandum in Opposition to Motion, 423 Memorandum in Opposition to Motion, 422 Memorandum in Opposition to Motion filed by Novell, Inc.. (Attachments: # 1 Exhibit 5# 2 Exhibit 6)(Sneddon, Heather) (Entered: 08/31/2007)
08/31/2007 426 MEMORANDUM in Opposition to SCO's Motion in Limine Regarding Apportionment of Microsoft and Sun SCOsource Licenses [REDACTED] filed by Defendant Novell, Inc.. (Sneddon, Heather) (Entered: 08/31/2007)
08/31/2007 425 MEMORANDUM in Opposition to SCO's Motion In Limine to Exclude Testimony of Terry L. Musika [REDACTED] filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A - Valentino v. Proviso Township# 2 Exhibit B - Wrench v. Taco Bell)(Sneddon, Heather) (Entered: 08/31/2007)
08/31/2007 424 Plaintiff's MEMORANDUM in Opposition re 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1# 2 Exhibit A: Unpublished Case)(Normand, Edward) (Entered: 08/31/2007)
08/31/2007 423 MEMORANDUM in Opposition re 390 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit (Attachment A))(Sneddon, Heather) (Entered: 08/31/2007)
08/31/2007 422 MEMORANDUM in Opposition re 389 Plaintiff's MOTION in Limine to Exclude All Evidence Related to Other Litigation and Commentary Thereon filed by Defendant Novell, Inc.. (Sneddon, Heather) (Entered: 08/31/2007)
08/31/2007 421 Plaintiff's MEMORANDUM in Opposition re 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A: Unpublished Case)(Normand, Edward) (Entered: 08/31/2007)
08/31/2007 420 Plaintiff's MEMORANDUM in Support re 419 Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re 377 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,,,Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re 377 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,,, filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-B: Unpublished Cases)(Normand, Edward) (Entered: 08/31/2007)
08/31/2007 419 Plaintiff's MOTION FOR RECONSIDERATION OR CLARIFICATION OF THE COURTS AUGUST 10, 2007 ORDER re 377 Order on Motion for Partial Summary Judgment,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,,,, filed by Plaintiff SCO Group. Motions referred to Brooke C. Wells.(Normand, Edward) (Entered: 08/31/2007)
08/31/2007 418 Plaintiff's MEMORANDUM in Opposition re 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-B: Unpublished Cases)(Normand, Edward) (Entered: 08/31/2007)
08/31/2007 417 Plaintiff's MEMORANDUM in Opposition re 387 MOTION to Dismiss Voluntarily Its Third Claim for Relief filed by Plaintiff SCO Group. (Normand, Edward) (Entered: 08/31/2007)
08/31/2007 416 ORDER granting 413 Motion to Withdraw as Counsel as to Matthew Kreeger, Johnathan Mansfield and Maame A.F. Ewusi-Mensah for Novell. Signed by Judge Dale A. Kimball on 8/30/07. (blk) (Entered: 08/31/2007)
08/29/2007 415 Proposed Jury Instructions by Novell, Inc.. (Attachments: # 1 Exhibit 1, 2)(Sneddon, Heather) (Entered: 08/29/2007)
08/29/2007 414 MEMORANDUM in Support re 413 MOTION to Withdraw Matthew I. Kreeger, Johnathan Mansfield and Maame A.F. Ewusi-Mensah as Counsel for Novell, Inc. filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Sneddon, Heather) (Entered: 08/29/2007)
08/29/2007 413 MOTION to Withdraw Matthew I. Kreeger, Johnathan Mansfield and Maame A.F. Ewusi-Mensah as Counsel for Novell, Inc. filed by Defendant Novell, Inc.. Motions referred to Brooke C. Wells.(Sneddon, Heather) (Entered: 08/29/2007)
08/29/2007 412 STATUS REPORT (Joint Statement Regarding Trial Length) by Novell, Inc.. (Sneddon, Heather) (Entered: 08/29/2007)
08/29/2007 411 Plaintiff's MEMORANDUM in Support re 410 Plaintiff's MOTION for Entry of Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b) filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A-C: Unpublished Cases)(Normand, Edward) (Entered: 08/29/2007)
08/29/2007 410 Plaintiff's MOTION for Entry of Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b) filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order)(Normand, Edward) (Entered: 08/29/2007)
08/29/2007 409 AMENDED NOTICE OF HEARING ON MOTION (Notice generated by Kim Jones) Motion Hearing re: all motions in limine reset for 9/11/2007 10:00 AM in Room 220 before Judge Dale A. Kimball at the request of Heather Snedden, Esq. (kmj) (Entered: 08/29/2007)
08/27/2007 408 **SEALED DOCUMENT** SEALED AMENDED MOTION in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements filed by Plaintiff SCO Group. Amends Motion #[406]. Motions referred to Brooke C. Wells.(blk) (Entered: 08/27/2007)
08/27/2007 403 REDACTION to 384 Notice of Conventional Filing SCO's Motion in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1: Filed Under Seal# 2 Exhibit 2: Filed Under Seal)(Normand, Edward) (Entered: 08/27/2007)
08/27/2007 402 REDACTION to 384 Notice of Conventional Filing SCO's Motion to Exclude Testimony of Terry L. Musika by Plaintiff SCO Group. (Attachments: # 1 Exhibit 1: Filed Under Seal# 2 Exhibit 2: Filed Under Seal)(Normand, Edward) (Entered: 08/27/2007)
08/27/2007 401 NOTICE OF CONVENTIONAL FILING of SCOS AMENDED MOTION IN LIMINE REGARDING APPORTIONMENT OF 2003 MICROSOFT AND SUN AGREEMENTS filed by Plaintiff SCO Group (Amending Exhibit 2: Plaintiff inadvertently filed with the Court the incorrect version) (Normand, Edward) (Entered: 08/27/2007)
08/27/2007 400 NOTICE OF HEARING ON MOTION re: 389 Plaintiff's MOTION in Limine to Exclude All Evidence Related to Other Litigation and Commentary Thereon , 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" , 390 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed , 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue , 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law : (Notice generated by Kim Jones) Motion Hearing set for 9/13/2007 10:00 AM in Room 220 before Judge Dale A. Kimball. (kmj) (Entered: 08/27/2007)
08/24/2007 407 **SEALED DOCUMENT** DECLARATION of David E. Melaugh in Support of Novell's Motions in Limine Nos. 1-3, re 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue , 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law , 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (blk) (Entered: 08/27/2007)
08/24/2007 406 **SEALED DOCUMENT** SEALED MOTION in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements filed by Plaintiff SCO Group. Motions referred to Brooke C. Wells.(blk) (Entered: 08/27/2007)
08/24/2007 405 **SEALED DOCUMENT** SEALED MOTION to Exclude Testimony of Terry L. Musika filed by Plaintiff SCO Group. Motions referred to Brooke C. Wells.(blk) (Entered: 08/27/2007)
08/24/2007 404 **SEALED DOCUMENT** OPENING BRIEF/Memorandum in Support re 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. (blk) (Entered: 08/27/2007)
08/24/2007 399 NOTICE OF CONVENTIONAL FILING of Declaration of David E. Melaugh in Support of Novell's Motions in Limine Nos. 1-3 (Filed Under Seal), Opening Brief in Support of Novell's Motion in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument Regarding Apportionment of SCOsource Revenue (Filed Under Seal) filed by Defendant Novell, Inc. (Sneddon, Heather) (Entered: 08/24/2007)
08/24/2007 398 DECLARATION of David E. Melaugh re 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue , 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law , 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" [REDACTED] filed by Novell, Inc.. (Attachments: # 1 Exhibit 1 & 2# 2 Exhibit 3 Pt. 1# 3 Exhibit 3 Pt. 2# 4 Exhibit 4-6# 5 Exhibit Ex. 8-15)(Sneddon, Heather) (Entered: 08/24/2007)
08/24/2007 397 NOTICE of Corrected Filing of MEMORANDUM IN SUPPORT by Novell, Inc. re [396] Memorandum in Support of Motion in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument Regarding Apportionment of SCOsource Revenue (Sneddon, Heather) Modified on 8/27/2007 by linking to # 395 Motion (blk). (Entered: 08/24/2007)
08/24/2007 396 MEMORANDUM in Support re 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue [REDACTED] filed by Defendant Novell, Inc.. (Sneddon, Heather) Modified on 8/27/2007 by sealing document image. The image attached was not redacted and was mistakenly attached as the redacted version. Please see image # 397 for the redacted image (blk). (Entered: 08/24/2007)
08/24/2007 395 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Sneddon, Heather) (Entered: 08/24/2007)
08/24/2007 394 MEMORANDUM in Support re 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" filed by Defendant Novell, Inc.. (Sneddon, Heather) (Entered: 08/24/2007)
08/24/2007 393 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Sneddon, Heather) (Entered: 08/24/2007)
08/24/2007 392 MEMORANDUM in Support re 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law filed by Defendant Novell, Inc.. (Sneddon, Heather) (Entered: 08/24/2007)
08/24/2007 391 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Sneddon, Heather) (Entered: 08/24/2007)
08/24/2007 390 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed filed by Plaintiff SCO Group. Motions referred to Brooke C. Wells.(Normand, Edward) (Entered: 08/24/2007)
08/24/2007 389 Plaintiff's MOTION in Limine to Exclude All Evidence Related to Other Litigation and Commentary Thereon filed by Plaintiff SCO Group. (Normand, Edward) (Entered: 08/24/2007)
08/24/2007 388 MEMORANDUM in Support re 387 MOTION to Dismiss Voluntarily Its Third Claim for Relief filed by Defendant Novell, Inc.. (Sneddon, Heather) (Entered: 08/24/2007)
08/24/2007 387 MOTION to Dismiss Voluntarily Its Third Claim for Relief filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Sneddon, Heather) (Entered: 08/24/2007)
08/24/2007 386 MEMORANDUM in Support re 385 MOTION to Strike SCO's Jury Demand filed by Defendant Novell, Inc.. (Sneddon, Heather) (Entered: 08/24/2007)
08/24/2007 385 MOTION to Strike SCO's Jury Demand filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather) (Entered: 08/24/2007)
08/24/2007 384 NOTICE OF CONVENTIONAL FILING filed by Plaintiff SCO Group Re: SCO's Motion to Exclude Testimony of Terry L. Musika and SCO's Motion in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements (Normand, Edward) (Entered: 08/24/2007)
08/24/2007 383 STATUS REPORT (Supplemental Joint Statement re: the Parties' August 17, 2007 Joint Statement) by Novell, Inc.. (Sneddon, Heather) (Entered: 08/24/2007)
08/23/2007 382 Proposed Witness List and Exhibit List (Novell's Second Amended Rule 26 Pretrial Disclosures) by Novell, Inc.. (Attachments: # 1 Exhibit A-C)(Sneddon, Heather) (Entered: 08/23/2007)
08/22/2007 381 Proposed Exhibit List and Witness List (Rule 26 Pretrial Disclosures) SECOND AMENDED by Plaintiff SCO Group.. (Normand, Edward) (Entered: 08/22/2007)
08/22/2007 380 Proposed Witness List and Exhibit List (Novell's First Amended Rule 26 Pretrial Disclosures) by Novell, Inc.. (Attachments: # 1 Exhibit A-1, A-2, B and C)(Sneddon, Heather) (Entered: 08/22/2007)
08/17/2007 379 STATUS REPORT (Joint Statement in Response to the Court's August 10, 2007 Memorandum Decision and Order) by Novell, Inc.. (Sneddon, Heather) (Entered: 08/17/2007)
08/10/2007 378 TRIAL ORDER. Signed by Judge Dale A. Kimball on 8-10-07. (sih) (Entered: 08/10/2007)
08/10/2007 377 MEMORANDUM DECISION AND ORDER granting in part and denying in part 147 Motion for Partial Summary Judgment; granting 171 Motion for Partial Summary Judgment; granting in part and denying in part 180 Motion for Summary Judgment ; denying 224 Motion for Partial Summary Judgment; denying 258 Motion for Summary Judgment ; granting 271 Motion for Partial Summary Judgment; granting in part and denying in part 273 Motion for Partial Summary Judgment; granting 275 Motion for Summary Judgment ; finding as moot 277 Motion for Summary Judgment. Signed by Judge Dale A. Kimball on 8-10-07. (sih) (Entered: 08/10/2007)
08/09/2007 376 ORDER granting 374 Motion for Extension of Time to file objections to the Pre-Trial Rule 26(a)(3) Disclosures until 8/31/07. Signed by Judge Dale A. Kimball on 8/9/07. (kla) (Entered: 08/09/2007)
08/09/2007 375 Stipulated MOTION for Extension of Time for Submission of Pre-Trial Order filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward) (Entered: 08/09/2007)
08/08/2007 374 Stipulated MOTION for Extension of Time Re Objections to Pre-Trial Rule 26(a)(3) Disclosures filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward) (Entered: 08/08/2007)
08/06/2007 373 ORDER granting 371 Motion for Admission Pro Hac Vice of Eric M. Acker for Novell, Inc..
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov
. Signed by Judge Dale A. Kimball on 8/6/07. (blk) (Entered: 08/07/2007)
08/06/2007 372 Proposed Exhibit List and Witness List (Rule 26 Pretrial Disclosures) AMENDED by Plaintiff SCO Group.. (Normand, Edward) (Entered: 08/06/2007)
08/03/2007 371 MOTION for Admission Pro Hac Vice of Eric M. Acker, Registration fee $ 15, receipt number 548982, filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C - Text of Proposed Order)(Sneddon, Heather) (Entered: 08/03/2007)
08/02/2007 370 Proposed Exhibit List and Witness List (Rule 26 Pretrial Disclosures) by Plaintiff SCO Group.. (Normand, Edward) (Entered: 08/02/2007)
08/02/2007 369 Proposed Witness List and Exhibit List (Rule 26 Pretrial Disclosures) by Novell, Inc.. (Attachments: # 1 Exhibit A-1, A-2, B and C)(Sneddon, Heather) (Entered: 08/02/2007)
07/11/2007 368 PRETRIAL ORDER Setting dates/deadlines. Final Pretrial Conference set for 9/11/07. Jury Trial set for 9/17/2007 08:30 AM in Room 220 before Judge Dale A. Kimball. See order for all dates/deadlines set. Signed by Judge Dale A. Kimball on 7/11/07. (blk) (Entered: 07/11/2007)
07/10/2007 367 Stipulated MOTION for Scheduling Order (Pretrial Schedule) filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather) (Entered: 07/10/2007)
07/03/2007 366 RESPONSE re [362] Sealed Document,, (SCO's Opposition to Novell's Evidentiary Objections to SCO's Exhibits Submitted in Connection with Summary Judgment Motions) filed by Defendant Novell, Inc.. (Attachments: # 1 Appendix A# 2 Appendix B)(Sneddon, Heather) (Entered: 07/03/2007)
06/20/2007 365 ORDER granting 364 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 6/20/07. (kla) (Entered: 06/20/2007)
06/20/2007 364 Plaintiff's MOTION for Leave to File Excess Pages re SCO's Memorandum in Opposition to Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of Its Summary Judgment Oppositions Filed May 18, 2007, incorporating by reference Novell's Evidentiary Objections to SCO's Summary Judgment Exhibits filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward) (Entered: 06/20/2007)
06/18/2007 363 **SEALED DOCUMENT** EXHIBITS to SCO's Memorandum in Opposition to Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of its Summary Judgment Oppsitions Filed May 18, 2007 Incorporating by Reference Novell's Evidentiary Objections to SCO's Summary Judgment Exhibits filed by Plaintiff SCO Group re [362] Sealed Document filed by Plaintiff SCO Group. No attachment - document retained in the sealed room. (blk) (Entered: 06/19/2007)
06/18/2007 362 **SEALED DOCUMENT** MEMORANDUM IN OPPOSITION to Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of its Summary Judgment Oppositions Filed May 18, 2007, Incorporating by Reference Novell's Evidentiary Objections to SCO's Summary Judgment Exhibits, re [350] Sealed Objections, filed by Plaintiff SCO Group. No attachment - document retained in sealed room. (blk) (Entered: 06/19/2007)
06/18/2007 361 NOTICE OF CONVENTIONAL FILING of SCO's Memorandum in Opposition to Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of Its Summary Judgment Oppositions Filed May 18, 2007, Incorporating by Reference Novell's Evidentiary Objections to SCO's Summary Judgment Exhibits (Filed Under Seal) filed by Plaintiff SCO Group re [350] Sealed Document,, (James, Mark) (Entered: 06/18/2007)
06/11/2007 360 REDACTION to [307] Sealed Document, SCO's Response in Opposition to Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages by Plaintiff SCO Group. (Boruchow, Sashi) (Entered: 06/11/2007)
06/07/2007 359 REDACTION to [350] Sealed Document,, Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of Its Summary Judgment Oppositions Filed May 18, 2007 by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A - Part 1# 2 Exhibit A - Part 2# 3 Exhibit A - Part 3# 4 Exhibit A - Part 4# 5 Exhibit B)(Sneddon, Heather) (Entered: 06/07/2007)
06/07/2007 358 REDACTION to [339] Sealed Document, Reply Memorandum in Support of Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Sneddon, Heather) (Entered: 06/07/2007)
06/07/2007 357 CERTIFICATE OF SERVICE by SCO Group Regarding SCO's Expert Reports (Normand, Edward) (Entered: 06/07/2007)
06/04/2007 356 Minute Entry for proceedings held before Judge Dale A. Kimball : Motion Hearing held on 6/4/2007 re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Novell, Inc., 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim filed by SCO Group, 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim filed by SCO Group, 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief filed by Novell, Inc. After hearing the arguments of counsel, the Court took the motions under advisement. Attorneys for Plaintiff: Stuart Singer, Edward Normand, Mark Jacobs; Attorneys for Defendants: Michael Jacobs, Kenneth Brakebill, Thomas Karrenberg. Court Reporter: Becky Janke. (kmj) (Entered: 06/04/2007)
05/31/2007 355 Minute Entry for proceedings held before Judge Dale A. Kimball : Motion Hearing held on 5/31/2007 re 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Novell, Inc., 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition filed by Novell, Inc., 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Novell, Inc. After hearing the arguments of counsel, the Court took the motions under advisement. Attorneys for Plaintiff: Brent Hatch, Edward Normand, Sashi Boruchow; Attorneys for Defendant: Michael Jacobs, Thomas Karrenberg, Grant Kim, Kenneth Brakebill. Court Reporter: Kelly Hicken. (kmj) (Entered: 06/01/2007)
05/30/2007 354 **SEALED DOCUMENT** Supplemental Declaration of Mark F. James filed by Counter Defendant SCO Group, Plaintiff SCO Group. (This document is not scanned and is located in the sealed area.) (kla) (Entered: 05/31/2007)
05/30/2007 353 MEMORANDUM in Support re 352 MOTION to Strike Supplemental Declaration of Mark F. James Attaching Expert Reports and Declarations filed by Defendant Novell, Inc.. (Attachments: # 1 Exhibit A - Leviton v. Nicor)(Sneddon, Heather) (Entered: 05/30/2007)
05/30/2007 352 MOTION to Strike Supplemental Declaration of Mark F. James Attaching Expert Reports and Declarations filed by Defendant Novell, Inc.. Motions referred to Brooke C. Wells.(Sneddon, Heather) (Entered: 05/30/2007)
05/30/2007 351 NOTICE OF CONVENTIONAL FILING of Supplemental Declaration of Mark F. James filed by Counter Defendant SCO Group, Plaintiff SCO Group re [308] Sealed Document (James, Mark) (Entered: 05/30/2007)
05/29/2007 350 **SEALED DOCUMENT** Novell's Evidentiary Objections to SCO's Exhibits Submitted in Support of its Summary Judgment Oppositions filed 5/18/07 re [317] Sealed Document, [314] Sealed Document, [315] Sealed Document, [319] Sealed Document, [316] Sealed Document, [312] Sealed Document, [311] Sealed Document, [309] Sealed Document, [310] Sealed Document, [313] Sealed Document, [318] Sealed Document, [320] Sealed Document filed by Defendant Novell, Inc.(This document is not scanned and is located in the sealed area.) (kla) (Entered: 05/30/2007)