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This is an index of documents and writings in the SCO v Novell Lawsuit. Depending on how things play out this will contain both external and internal links. I make no promises to keep this up to date, but I'll probably get the most significant docs for a while. Docket History 2007-06-01
Recent Docket History

Item# Date Title Comments
537 2008-05-02 Trial Exhibit List of SCO exhibits.  
536 2008-05-02 Trial Exhibit List of Novell exhibits.  
535 2008-05-02 Trial Witness List.  
534 2008-05-02 Minute Entry for proceedings held before Judge Dale A. Kimball: Bench Trial completed on 5/2/2008. Court opened at 9:05 AM with all parties present. Testimony of one witness heard and evidence was rec'd. Deposition of Andrew Nagle was published. SCO rested its case. Closing arguments were presented by Mr. Acker and Mr. Singer. The Court took the matter under advisement. All exhibits were reviewed and approved by counsel. Court adjourned at 12:00 PM. Attorney for Plaintiff: Stuart Singer, Edward Normand, Mauricio Gonzalez, Jason Cyrulnik, Brent Hatch; Attorney for Defendant: Michael Jacobs, Eric Acker, David Melaugh. Court Reporter: Becky Janke. No DL
533 2008-05-01 Minute Entry for proceedings held before Judge Dale A. Kimball: Bench Trial held on 5/1/2008. Court opened at 8:32 AM with all parties present. Testimony of witnesses was heard and evidence rec'd. Depositions of John Hunsaker and Jay Petersen published. Trial will continue at 9:00 AM 5j/2/08. Court recessed at 2:03 PM. Attorney for Plaintiff: Stuart Singer, Edward Normand, Mauricio Gonzalez, Jason Cyrulnik; Attorney for Defendant: Michael Jacobs, Eric Acker, David Melaugh. Court Reporter: Becky Janke/Kelly Hicken. No DL
532 2008-04-30 Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 4/30/2008 re 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Novell, Inc. and SCO's Motion for Judgment on the Pleadings. After hearing the arguments of counsel, the Court took the motions under advisement. Attorney for Plaintiff: Stuart Singer, Edward Normand, Mauricio Gonzalez; Attorney for Defendant: Michael Jacobs, Eric Acker, David Melaugh. Court Reporter: Laura Robinson. No DL
531 2008-04-30 Minute Entry for proceedings held before Judge Dale A. Kimball: Bench Trial held on 4/30/2008. Court opened at 8:28 AM with all parties present. Testimony of witnesses was heard and evidence rec'd. Deposition of Greg Jones was published. Novell rested its case. Mr. Singer moved for involuntary dismissal; the Court took the motion under advisement without hearing argument at this time. SCO began presenting its case. Court recessed at 2:08 PM. Attorney for Plaintiff: Stuart Singer, Edward Normand, Jason Cyrulnik; Attorney for Defendant: Michael Jacobs, Eric Acker, David Melaugh. Court Reporter: Kelly Hicken/Becky Janke. No DL
530 2008-04-29 Minute Entry for proceedings held before Judge Dale A. Kimball: Bench Trial held on 4/29/2008. Trial opened at 8:30 AM with all parties present. Both parties invoked the witness exclusion rule. Opening statements were made by Mr. Jacobs and Mr. Singer. Testimony of witnesses was heard and evidence rec'd. Depositions of Joseph LaSala and Christopher Sontag were published. Court recessed at 2:08 PM. Attorneys for Plaintiff: Stuart Singer, Edward Normand, Brent Hatch, Jason Cyrulnik; Attorneys for Defendant: Michael Jacobs, Eric Acker, David Melaugh. Court Reporter: Becky Janke/Kelly Hicken. No DL
529 2008-04-29 Proposed Findings of Fact by SCO Group.  
529 Ex A-C 2008-04-29 (As Above) Exhibits A to C.  
528 2008-04-29 Proposed Findings of Fact by Novell, Inc..  
527 2008-04-28 STIPULATION (First Amended Joint Pretrial Stipulation) by Novell, Inc..  
527 Ex A 2008-04-28 (As Above) Exhibit A  
526 2008-04-28 STIPULATION (Pretrial) by Novell, Inc..  
526 Ex A 2008-04-28 (As Above) Exhibit A  
525 2008-04-24 REPLY to Response to Motion for Judgment on The Pleadings On Novells Claims For Money Or Claim For Declaratory Relief filed by Counter Defendant SCO Group.  
525 Ex A-H 2008-04-24 (As Above) Exhibits A to H  
524 2008-04-24 REDACTION to 520 Sealed Document Trial Brief on Behalf of the SCO Group, Inc. by Counter Defendant SCO Group.  
523 2008-04-23 NOTICE OF CONVENTIONAL FILING of Novell's Amended Trial Brief filed by Defendant Novell, Inc.  
522 2008-04-23 REDACTION to 519 Sealed Document Novell's Amended Trial Brief by Defendant Novell, Inc..  
522 2008-04-23 (As Above) Exhibit A  
522 2008-04-23 (As Above) Exhibit B  
521 2008-04-23 NOTICE OF CONVENTIONAL FILING of TRIAL BRIEF ON BEHALF OF THE SCO GROUP, INC. filed by Counter Defendant SCO Group (Normand, Edward)  
520 2008-04-23 **SEALED DOCUMENT**Trial Brief on Behalf of the SCO Group, Inc. filed by Counter Defendant SCO Group, Plaintiff SCO Group. No DL
519 2008-04-23 **SEALED DOCUMENT** Novell's Amended Trial Brief filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. No DL
518 2008-04-22 Proposed Exhibit List (Novell's Fourth Amended Rule 26 Pretrial Disclosures) by Defendant Novell, Inc...  
518 2008-04-22 (As Above) Exhibit C  
517 2008-04-17 ORDER granting 514 Motion for Admission Pro Hac Vice of Jason C. Cyrulnik for SCO Group. 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 4/16/08.  
516 2008-04-16 Proposed Exhibit List (Supplemental) by Counter Defendant SCO Group..  
515 2008-04-15 Proposed Exhibit List (Novell's Third Amended Rule 26 Pretrial Disclosures) by Defendant Novell, Inc...  
515 2008-04-15 (As Above) Exhibit C  
514 2008-04-15 MOTION for Admission Pro Hac Vice of Jason C. Cyrulnik, Registration fee $ 15, receipt number 4681023769, filed by Counter Defendant SCO Group, Plaintiff SCO Group.  
514 2008-04-15 (As Above) Exhibit A  
514 2008-04-15 (As Above) Exhibit B  
514 PO 2008-04-15 (As Above) Text of Proposed Order  
513 2008-04-09 ORDER granting 512 Motion for Admission Pro Hac Vice of Mauricio A. Gonzalez for SCO Group. 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 4/09/08.  
512 2008-04-08 MOTION for Admission Pro Hac Vice of Mauricio A. Gonzalez, Registration fee $ 15, receipt number 4681023661, filed by Counter Defendant SCO Group, Plaintiff SCO Group.  
512 2008-04-08 (As Above) Exhibit A  
512 2008-04-08 (As Above) Exhibit B  
512 PO 2008-04-08 (As Above) Text of Proposed Order  
511 2008-04-08 NOTICE OF HEARING ON MOTION (Notice generated by blk) The Motion for Judgment on the Pleadings will also be heard with the Motion for Summary Judgment in the Motion Hearing set for 4/30/2008 03:00 PM in Room 220 before Judge Dale A. Kimball.  
510 2008-04-07 DECLARATION of David E. Melaugh re 509 Memorandum in Opposition to Motion for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief filed by Novell, Inc..  
510 Ex 1 2008-04-07 (As Above) Exhibit 1  
510 Ex 2 2008-04-07 (As Above) Exhibit 2  
510 Ex 3 2008-04-07 (As Above) Exhibit 3  
509 2008-04-07 MEMORANDUM in Opposition to SCO's Motion for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief filed by Defendant Novell, Inc..  
509 Ex A 2008-04-07 (As Above) Exhibit A  
509 Ex B 2008-04-07 (As Above) Exhibit A  
508 2008-03-31 Proposed Witness List and Exhibit List (Supplemental) by SCO Group.  
507 2008-03-12 REDACTION to 506 Sealed Document, SCO's Memorandum in Support of its Motion for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief by Counter Defendant SCO Group.  
506 2008-03-07 **SEALED DOCUMENT** Memorandum in Support of 505 SEALED MOTION for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief filed by Counter Defendant SCO Group, Plaintiff SCO Group. No DL
505 2008-03-07 **SEALED DOCUMENT** SEALED MOTION for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief filed by Counter Defendant SCO Group, Plaintiff SCO Group. No DL
504 2008-03-07 NOTICE OF CONVENTIONAL FILING of SCO's Motion for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief, and Memorandum in Support Thereof filed by Counter Defendant SCO Group, Plaintiff SCO Group.  
503 2008-03-07 NOTICE OF CONVENTIONAL FILING of MEMORANDUM IN SUPPORT OF SCOS MOTION FOR JUDGMENT ON THE PLEADINGS ON NOVELLS CLAIMS FOR MONEY OR CLAIM FOR DECLARATORY RELIEF; OR FOR AMENDMENT OF THE SCOPE OF THE TRIAL filed by Counter Defendant SCO Group, Plaintiff SCO Group  
502 2008-03-07 NOTICE OF CONVENTIONAL FILING of MOTION FOR JUDGMENT ON THE PLEADINGS ON NOVELLS CLAIMS FOR MONEY OR CLAIM FOR DECLARATORY RELIEF; OR FOR AMENDMENT OF THE SCOPE OF THE TRIAL filed by Counter Defendant SCO Group, Plaintiff SCO Group  
501 2008-02-20 REDACTION to 490 Sealed Entry, SCO's Memorandum in Opposition to Novell's Motion for Summary Judgment on its Fourth Claim for Relief by Plaintiff SCO Group.  
500 2008-02-19 **SEALED DOCUMENT** Reply Declaration in Support of 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. No DL
499 It ain't here. The double secret doc from 497 ?? -- TWZ
498 2008-02-20 ORDER granting 494 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 2/20/08.  
497 2008-02-19 NOTICE OF CONVENTIONAL FILING of Reply Memorandum in Support of Novell's Motion for Summary Judgment on its Fourth Claim for Relief and Reply Declaration of David E. Melaugh [FILED UNDER SEAL] filed by Defendant Novell, Inc.  
496 2008-02-19 DECLARATION of David E. Melaugh re 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Novell, Inc..  
496 Ex 3 2008-02-19 (As Above) Exhibit 3  
496 Ex 4 2008-02-19 (As Above) Exhibit 4  
496 Ex 5 2008-02-19 (As Above) Exhibit 5  
496 Ex 6 2008-02-19 (As Above) Exhibit 6  
496 Ex 7 2008-02-19 (As Above) Exhibit 7  
496 Ex 8 2008-02-19 (As Above) Exhibit 8  
496 Ex 9 2008-02-19 (As Above) Exhibit 9  
496 Ex 10 2008-02-19 (As Above) Exhibit 10  
496 Ex 11 2008-02-19 (As Above) Exhibit 11  
496 Ex 12 2008-02-19 (As Above) Exhibit 12  
495 2008-02-19 REPLY to Response to Motion re 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief [REDACTED] filed by Defendant Novell, Inc..  
494 2008-02-19 Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages (Overlength Reply Memorandum in Support of Novell's Motion for Summary Judgment on its Fourth Claim for Relief) filed by Defendant Novell, Inc..  
494 PO 2008-02-19 (As Above) Text of Proposed Order  
493 2008-02-08 ORDER granting 492 Motion for Extension of Time to File Response/Reply re 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief. Replies due by 2/19/2008. Signed by Judge Dale A. Kimball on 2/08/08.  
492 2008-02-07 Stipulated MOTION for Extension of Time to File Response/Reply as to 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Defendant Novell, Inc..  
492 PO 2008-02-07 (As Above) Text of Proposed Order  
491 2008-01-28 ORDER granting 488 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 1/28/08  
490 2008-01-25 SEALED DOCUMENT - Memorandum in Opposition to 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Counter Defendant SCO Group, Plaintiff SCO Group. (This memorandum and 7 envelopes of exhibits have not been scanned but will be placed in sealed storage in the clerk's office.) No DL
489 2008-01-25 Proposed Exhibit List and Witness List (Rule 26(a)(3) Pretrial Disclosures) SUPPLEMENTAL by Plaintiff SCO Group.. (Normand, Edward)  
488 2008-01-25 MOTION for Leave to File Excess Pages filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Hatch, Brent)  
488 PO 2008-01-25 (As Above) Text of Proposed Order  
487 2008-01-25 DECLARATION of Brent O. Hatch re 486 Notice of Conventional Filing OF SCO'S MEMORANDUM IN OPPOSITION TO NOVELLS MOTION FOR SUMMARY JUDGMENT ON ITS FOURTH CLAIM FOR RELIEF AND EXHIBITS THERETO filed by SCO Group. (Hatch, Brent)  
486 2008-01-25 NOTICE OF CONVENTIONAL FILING of MEMORANDUM IN OPPOSITION TO NOVELLS MOTION FOR SUMMARY JUDGMENT ON ITS FOURTH CLAIM FOR RELIEF and EXHIBITS THERETO filed by Counter Defendant SCO Group, Plaintiff SCO Group (Hatch, Brent)  
485 2008-01-15 ORDER regarding bench trial and hearing on motion for summary judgment. Signed by Judge Dale A. Kimball on 1-15-08.  
484 2008-01-11 NOTICE OF HEARING: (Notice generated by Kim Jones)4-day Bench Trial set for 4/29/2008 08:30 AM in Room 220 before Judge Dale A. Kimball. Any motions for summary judgment filed will be heard at the time of trial. No DL
483 2007-12-21 **SEALED DOCUMENT** Declaration of David E. Melaugh in Support of 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Counter Claimant Novell, Inc., Defendant Novell, Inc. No DL
482 2007-12-21 **SEALED DOCUMENT** Memorandum in Support of Novell's 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Counter Claimant Novell, Inc., Defendant Novell, Inc. No DL
481 2007-12-21 NOTICE OF CONVENTIONAL FILING of Memorandum in Support of Novell's Motion for Summary Judgment on its Fourth Claim for Relief, and Declaration of David E. Melaugh filed by Defendant Novell, Inc. [FILED UNDER SEAL]  
480 2007-12-21 DECLARATION of David E. Melaugh re 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief [REDACTED] filed by Novell, Inc..
Exhibit 2
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9 part 1 of 3
Exhibit 9 part 2 of 3
Exhibit 9 part 3 of 3
Exhibit 10
Exhibit 12
 
479 2007-12-21 MEMORANDUM in Support re 478 MOTION for Summary Judgment on Novell's Fourth Claim for Relief [REDACTED] filed by Defendant Novell, Inc..
Exhibit 1
 
478 2007-12-21 MOTION for Summary Judgment on Novell's Fourth Claim for Relief filed by Defendant Novell, Inc..  
477 2007-12-13 Joint RESPONSE re 473 Order, filed by Defendant Novell, Inc..  
476 2007-12-12 ORDER granting 474 Motion to Withdraw as Attorney. Attorney John P. Mullen withdrawn from case for Novell, Inc.. Signed by Judge Dale A. Kimball on 12/12/07  
475 2007-12-11 MEMORANDUM in Support re 474 MOTION to Withdraw as Attorney filed by Defendant Novell, Inc..  
474 2007-12-11 MOTION to Withdraw as Attorney filed by Defendant Novell, Inc..  
474 PO 2007-12-11 (As Above) Text of Proposed Order  
473 2007-12-06 ORDER requesting joint statement by parties by December 13, 2007. Signed by Judge Dale A. Kimball on 12-06-07.  
472 2007-11-27 NOTICE of Delaware Bankruptcy Court's Memorandum Opinion and Order Granting Novell's Motion for Relief from the Automatic Stay to Proceed with the Lawsuit by Novell, Inc.  
472 Ex A 2007-11-27 (As Above) Exhibit A.  
472 Ex B 2007-11-27 (As Above) Exhibit B.  
!!! BANKRUPTCY !!!
471 2007-09-14 NOTICE of Filing for Bankruptcy by SCO Group  
471 Ex A 2007-09-14 (As Above) Exhibit A.  
470 2007-09-14 **SEALED DOCUMENT** Novell's Trial Brief filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. No DL
469 2007-09-14 ORDER denying 419 Motion for Reconsideration or Clarification. Signed by Judge Dale A. Kimball on 9-14-07.  
468 2007-09-14 NOTICE OF CONVENTIONAL FILING of Novell's Trial Brief [Filed Under Seal] filed by Defendant Novell, Inc.  
467 2007-09-14 TRIAL BRIEF [REDACTED] by Defendant Novell, Inc..  
467 Ex 1 2007-09-14 (As Above) Exhibit 1.  
467 Ex 2 2007-09-14 (As Above) Exhibit 2.  
466 2007-09-13 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. No DL
465 2007-09-13 **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. No DL
464 2007-09-13 ORDER granting 462 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 9/13/07.  
463 2007-09-12 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.  
463 Ex 1 2007-09-12 (As Above) Exhibit 1.  
463 Ex 2 2007-09-12 (As Above) Exhibit 2. (Under seal) Blank
463 Ex 3 2007-09-12 (As Above) Exhibit 3.  
463 Ex 4 2007-09-12 (As Above) Exhibit 4.  
462 2007-09-12 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.  
462 PO 2007-09-12 (As Above) Text of Proposed Order  
461 2007-09-12 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,  
460 2007-09-12 NOTICE of Courtroom Change for Trial by Novell, Inc.  
459 2007-09-11 **SEALED DOCUMENT** DECLARATION OF DAVID E MELAUGH re [458] Sealed Memorandum in Opposition, filed by Counter Claimant Novell, Inc., Defendant Novell, Inc.. No DL
458 2007-09-11 **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.. No DL
457 2007-09-11 ORDER denying 390 Motion to Strike Exhibits; denying [405] Motion to Exclude Testimony. Signed by Judge Dale A. Kimball on 9-11-07.  
456 2007-09-10 NOTICE OF CONVENTIONAL FILING of Novell's Opposition to SCO's Motion for Reconsideration and David Melaugh's Declaration filed by Defendant Novell, Inc.  
455 2007-09-10 DECLARATION of David E. Melaugh re 454 Memorandum in Opposition to Motion,, [REDACTED] filed by Novell, Inc..  
455 Ex 5 2007-09-10 (As Above) Exhibit 5.  
454 2007-09-10 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,,,,,,,,,,,,,,,,,,,,,,,,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..  
454 Ex 1 2007-09-10 (As Above) Exhibit 1.  
454 Ex 2 2007-09-10 (As Above) Exhibit 2.  
453 2007-09-07  
452 2007-09-05 OBJECTIONS to 382 Witness List(Proposed) (Novell's Second Amended Rule 26 Pretrial Disclosures) filed by Plaintiff SCO Group.  
452 Ex A 2007-09-05 (As Above) Exhibit A.  
451 2007-09-05 OBJECTIONS to Novell's Proposed Supplemental Jury Instructions filed by Plaintiff SCO Group.  
450 2007-09-05 OBJECTIONS to SCO's Supplemental Jury Instructions filed by Defendant Novell, Inc..  
449 2007-09-05 **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) No DL
448 2007-09-05 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..  
448 Ex 1 2007-09-05 (As Above) Exhibit 1.  
448 Ex 2 2007-09-05 (As Above) Exhibit 2.  
448 Ex 3 2007-09-05 (As Above) Exhibit 3.  
447 2007-09-05 ORDER granting 444 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 9/5/07.  
446 2007-09-04 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.  
445 2007-09-04 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.  
445 Ex A 2007-09-04 (As Above) Exhibit A. Unpublished Cases.  
444 2007-09-04 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.  
444 PO 2007-09-04 (As Above) Text of Proposed Order  
443 2007-09-04 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  
442 2007-09-04 REPLY to Response to Motion Re: SCO's Motion to Exclude Testimony of Terry L. Musika filed by Plaintiff SCO Group.  
442 2007-09-04 (As Above) Exhibits A and B. Unpublished Cases.  
441 2007-09-04 NOTICE of CORRECTED FILING by SCO Group re 440 Reply Memorandum/Reply to Response to Motion  
440 2007-09-04 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.  
440 2007-09-04 (As Above) Exhibits A and B. Unpublished Cases.  
439 2007-09-04 REPLY to Response to Motion re 387 MOTION to Dismiss Voluntarily Its Third Claim for Relief filed by Defendant Novell, Inc..  
438 2007-09-04 REPLY to Response to Motion re 385 MOTION to Strike SCO's Jury Demand filed by Defendant Novell, Inc..  
438 Ex 1 2007-09-04 (As Above) Exhibit 1.  
438 Ex 2 2007-09-04 (As Above) Exhibit 2.  
437 2007-09-04 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..  
437 Ex 1 2007-09-04 (As Above) Exhibit 1.  
437 Ex 2 2007-09-04 (As Above) Exhibit 2.  
436 2007-09-04 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..  
436 Ex 1 2007-09-04 (As Above) Exhibit 1.  
436 Ex 2 2007-09-04 (As Above) Exhibit 2.  
436 Ex 3 2007-09-04 (As Above) Exhibit 3.  
435 2007-09-04 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..  
434 2007-09-04 **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). No DL
433 2007-09-04 **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). No DL
432 2007-09-04 **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). No DL
431 2007-08-31 Proposed Jury Instructions by Novell, Inc..  
431 Ex 1-2 2007-08-31 (As Above) Exhibits 1 and 2.  
430 2007-08-31 Plaintiff's MEMORANDUM in Opposition re 385 MOTION to Strike SCO's Jury Demand filed by Plaintiff SCO Group.  
430 Ex A-B 2007-08-31 (As Above) Exhibits A and B. Unpublished Cases.  
429 2007-08-31 OBJECTIONS to 381 Exhibit List(Proposed) (SCO's Second Amended Rule 26 Disclosure) filed by Defendant Novell, Inc..  
429 Ex A 2007-08-31 (As Above) Exhibit A.  
428 2007-08-31 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.  
427 2007-08-31 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..  
427 Ex 5 2007-08-31 (As Above) Exhibit 5.  
427 Ex 6 2007-08-31 (As Above) Exhibit 6.  
426 2007-08-31 MEMORANDUM in Opposition to SCO's Motion in Limine Regarding Apportionment of Microsoft and Sun SCOsource Licenses [REDACTED] filed by Defendant Novell, Inc..  
425 2007-08-31 MEMORANDUM in Opposition to SCO's Motion In Limine to Exclude Testimony of Terry L. Musika [REDACTED] filed by Defendant Novell, Inc..  
425 Ex A 2007-08-31 (As Above) Exhibit A. Valentino v. Proviso Township.  
425 Ex B 2007-08-31 (As Above) Exhibit B. Wrench v. Taco Bell  
424 2007-08-31 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.  
424 Ex 1 2007-08-31 (As Above) Exhibit 1.  
424 Ex A 2007-08-31 (As Above) Exhibit A.  
423 2007-08-31 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..  
423 Ex A 2007-08-31 (As Above) Exhibit A.  
422 2007-08-31 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..  
421 2007-08-31 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.  
421 Ex A 2007-08-31 (As Above) Exhibit A. Unpublished Cases.  
420 2007-08-31 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.  
420 Ex A-B 2007-08-31 (As Above) Exhibits A and B. Unpublished Cases.  
419 2007-08-31 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.  
418 2007-08-31 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.  
418 Ex A-B 2007-08-31 (As Above) Exhibits A and B. Unpublished Cases.  
417 2007-08-31 Plaintiff's MEMORANDUM in Opposition re 387 MOTION to Dismiss Voluntarily Its Third Claim for Relief filed by Plaintiff SCO Group.  
416 2007-08-31 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.  
415 2007-08-29 Proposed Jury Instructions by Novell, Inc..  
415 Ex 1 & 2 2007-08-29 (As Above) Exhibits 1 and 2.  
414 2007-08-29 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..  
414 PO 2007-08-29 (As Above) Text of Proposed Order  
413 2007-08-29 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.  
412 2007-08-29 STATUS REPORT (Joint Statement Regarding Trial Length) by Novell, Inc..  
411 2007-08-29 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.  
411 Ex A-C 2007-08-29 (As Above) Exhibits A - C. Unpublished Cases.  
410 2007-08-29 Plaintiff's MOTION for Entry of Judgment PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b) filed by Plaintiff SCO Group.  
410 PO 2007-08-29 (As Above) Text of Proposed Order  
409 2007-08-29 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. No DL
408 2007-08-27 **SEALED DOCUMENT** SEALED AMENDED MOTION in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements filed by Plaintiff SCO Group. No DL
407 2007-08-27 **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.. No DL
406 2007-08-27 **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. No DL
405 2007-08-27 **SEALED DOCUMENT** SEALED MOTION to Exclude Testimony of Terry L. Musika filed by Plaintiff SCO Group. Motions referred to Brooke C. Wells. No DL
404 2007-08-27 **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.. No DL
403 2007-08-27 REDACTION to 384 Notice of Conventional Filing SCO's Motion in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements by Plaintiff SCO Group.  
403 Ex 1 2007-08-27 (As Above) Exhibit 1 Blank
403 Ex 2 2007-08-27 (As Above) Exhibit 2 Blank
402 2007-08-27 REDACTION to 384 Notice of Conventional Filing SCO's Motion to Exclude Testimony of Terry L. Musika by Plaintiff SCO Group.  
402 Ex 1 2007-08-27 (As Above) Exhibit 1 Blank
402 Ex 2 2007-08-27 (As Above) Exhibit 2 Blank
401 2007-08-27 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)  
400 2007-08-27 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. No DL
399 2007-08-27 399 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.  
398 2007-08-27 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..  
398 Ex 1,2 2007-08-27 (As Above) Exhibits 1 and 2.  
398 Ex 3 1/2 2007-08-27 (As Above) Exhibit 3 part 1 of 2.  
398 Ex 3 2/2 2007-08-27 (As Above) Exhibit 3 part 2 of 2.  
398 Ex 4-6 2007-08-27 (As Above) Exhibits 4 to 6.  
398 Ex 7 2007-08-27 (As Above) Exhibit 7 missing or redacted. No DL
398 Ex 8-15 2007-08-27 (As Above) Exhibits 8 to 15.  
397 2007-08-24 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  
396 2007-08-24 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 No DL
395 2007-08-24 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue filed by Defendant Novell, Inc..  
395 2007-08-24 MOTION in Limine No. 3 to Preclude SCO from Introducing New Evidence or Argument of SCOsource Revenue filed by Defendant Novell, Inc..  
395 PO 2007-08-24 (As Above) Text of Proposed Order  
394 2007-08-24 394 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..  
393 2007-08-24 MOTION in Limine No. 2 to Preclude SCO from Contesting Licenses Conveying SVRX Rights are "SVRX Licenses" filed by Defendant Novell, Inc..  
393 2007-08-24 (As Above) Text of Proposed Order  
392 2007-08-24 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..  
391 2007-08-24 MOTION in Limine No. 1 to Preclude SCO from Challenging Questions Already Decided as a Matter of Law filed by Defendant Novell, Inc..  
391 PO 2007-08-24 (As Above) Text of Proposed Order  
390 2007-08-24 Plaintiff's MOTION to Strike Exhibits on Novell's Revised Exhibit List Not Previously Disclosed filed by Plaintiff SCO Group.  
389 2007-08-24 Plaintiff's MOTION in Limine to Exclude All Evidence Related to Other Litigation and Commentary Thereon filed by Plaintiff SCO Group.  
388 2007-08-24 MEMORANDUM in Support re 387 MOTION to Dismiss Voluntarily Its Third Claim for Relief filed by Defendant Novell, Inc..  
387 2007-08-24 MOTION to Dismiss Voluntarily Its Third Claim for Relief filed by Defendant Novell, Inc..  
387 PO 2007-08-24 (As Above) Text of Proposed Order)  
386 2007-08-24 MEMORANDUM in Support re 385 MOTION to Strike SCO's Jury Demand filed by Defendant Novell, Inc..  
385 2007-08-24 MOTION to Strike SCO's Jury Demand filed by Defendant Novell, Inc..  
385 PO 2007-08-24 (As Above) Text of Proposed Order  
384 2007-08-24 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  
383 2007-08-24 STATUS REPORT (Supplemental Joint Statement re: the Parties' August 17, 2007 Joint Statement) by Novell, Inc..  
382 2007-08-23 Proposed Witness List and Exhibit List (Novell's Second Amended Rule 26 Pretrial Disclosures) by Novell, Inc..  
382 Ex A-C 2007-08-23 (As Above) Exhibits A1, A2, B, C,  
381 2007-08-22 Proposed Exhibit List and Witness List (Rule 26 Pretrial Disclosures) SECOND AMENDED by Plaintiff SCO Group..  
380 2007-08-22 Proposed Witness List and Exhibit List (Novell's First Amended Rule 26 Pretrial Disclosures) by Novell, Inc..  
380 2007-08-22 (As Above) Exhibits A1, A2, B, C  
379 2007-08-17 STATUS REPORT (Joint Statement in Response to the Court's August 10, 2007 Memorandum Decision and Order) by Novell, Inc..  
378 2007-08-10 TRIAL ORDER. Signed by Judge Dale A. Kimball on 8-10-07.  
377 2007-08-10
    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.
 
376 2007-08-09 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.  
375 2007-08-09 Stipulated MOTION for Extension of Time for Submission of Pre-Trial Order filed by Plaintiff SCO Group.  
375 PO 2007-08-09 (As Above) Text of Proposed Order  
374 2007-08-08 Stipulated MOTION for Extension of Time Re Objections to Pre-Trial Rule 26(a)(3) Disclosures filed by Plaintiff SCO Group.  
374 PO 2007-08-08 (As Above) Text of Proposed Order  
373 2007-08-06 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.  
372 2007-08-06 Proposed Exhibit List and Witness List (Rule 26 Pretrial Disclosures) AMENDED by Plaintiff SCO Group..  
371 2007-08-03 MOTION for Admission Pro Hac Vice of Eric M. Acker, Registration fee $ 15, receipt number 548982, filed by Defendant Novell, Inc..  
371 Ex A 2007-08-03 (As Above) Exhibit A. Application for Admission  
371 Ex B 2007-08-03 (As Above) Exhibit B. Electronic Case Filing Registration Form  
371 PO 2007-08-03 (As Above) Exhibit C. Text of Proposed Order  
370 2007-08-02 Proposed Exhibit List and Witness List (Rule 26 Pretrial Disclosures) by Plaintiff SCO Group..  
369 2007-08-02 Proposed Witness List and Exhibit List (Rule 26 Pretrial Disclosures) by Novell, Inc..  
369 Ex A-C 2007-08-02 (As Above) Exhibits A1, A2, B and C.  
368 2007-07-10 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.  
367 2007-07-10 Stipulated MOTION for Scheduling Order (Pretrial Schedule) filed by Defendant Novell, Inc..  
367 PO 2007-07-10 (As Above) Text of Proposed Order  
366 2007-07-03 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..  
366 Ex A 2007-07-03 (As Above) Exhibit A. Partial transcript of May 31 2007 hearing.  
366 Ex B 2007-07-03 (As Above) Exhibit B. Partial transcript of June 4 2007 hearing.  
365 2007-06-20 ORDER granting 364 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 6/20/07.  
364 2007-06-20 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.  
364 PO 2007-06-20 (As Above) Text of Proposed Order  
363 2007-06-19 **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 DL
362 2007-06-19 **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 DL
361 2007-06-18 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,,  
360 2007-06-11 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.  
359 2007-06-08 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..  
359 Ex A 1/4 2007-06-08 (As Above) Exhibit A, part 1 of 4. Westlaw cite: GREYHOUND v. Willyard  
359 Ex A 2/4 2007-06-08 (As Above) Exhibit A, part 2 of 4.  
359 Ex A 3/4 2007-06-08 (As Above) Exhibit A, part 3 of 4.  
359 Ex A 4/4 2007-06-08 (As Above) Exhibit A, part 4 of 4.  
359 Ex B 2007-06-08 (As Above) Exhibit B. Westlaw cite: LEVITON v. NICOR  
358 2007-06-08 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..  
358 Ex A 2007-06-08 (As Above) Exhibit A. Lexis cite: COMPUTERIZED THERMAL IMAGING v. BLOOMBERG  
358 Ex B 2007-06-08 (As Above) Exhibit B. Lexis cite: MARSEILLES POWER v. MARSEILLES LAND  
358 Ex C 2007-06-08 (As Above) Exhibit C. Lexis cite: Terry Jones v. RABSON & BROOCKS et al.  
358 Ex D 2007-06-08 (As Above) Exhibit D. Lexis cite: Herzog v. ARTHROCARE  
357 2007-06-07 CERTIFICATE OF SERVICE by SCO Group Regarding SCO's Expert Reports  
356 2007-06-04 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.
No DL
355 2007-06-01 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.
No DL
354 2007-05-31 **SEALED DOCUMENT** Supplemental Declaration of Mark F. James filed by Counter Defendant SCO Group, Plaintiff SCO Group. No DL
353 2007-05-30 MEMORANDUM in Support re 352 MOTION to Strike Supplemental Declaration of Mark F. James Attaching Expert Reports and Declarations filed by Defendant Novell, Inc..  
353 Ex A 2007-05-30 (As Above) Exhibit A. Westlaw cite: Leviton v. Nicor  
352 2007-05-30 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.  
351 2007-05-30 NOTICE OF CONVENTIONAL FILING of Supplemental Declaration of Mark F. James filed by Counter Defendant SCO Group, Plaintiff SCO Group re [308] Sealed Document  
350 2007-05-30 **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. No DL
349 2007-05-30 ORDER granting 348 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/30/07  
348 2007-05-30 MOTION for Leave to File Excess Pages re Docket Entry 346 filed by Plaintiff SCO Group.  
348 PO 2007-05-30 (As Above) Text of Proposed Order  
347 2007-05-30 DECLARATION of Edward Normand re 346 Reply Memorandum/Reply to Response to Motion, filed by SCO Group  
347 Ex 1-2 2007-05-30 (As Above) Exhibits 1 and 2.  
347 Ex 3 2007-05-30 (As Above) Exhibit 3.  
347 Ex 4-12 2007-05-30 (As Above) Exhibits 4-12.  
347 Ex 13-14 2007-05-30 (As Above) Exhibits 13 and 14.  
347 Ex 15 1/5 2007-05-30 (As Above) Exhibit 15 part 1 of 5.  
347 Ex 15 2/5 2007-05-30 (As Above) Exhibit 15 part 2 of 5.  
347 Ex 15 3/5 2007-05-30 (As Above) Exhibit 15 part 3 of 5.  
347 Ex 15 4/5 2007-05-30 (As Above) Exhibit 15 part 4 of 5.  
347 Ex 15 5/5 2007-05-30 (As Above) Exhibit 15 part 5 of 5.  
347 Ex 16-19 2007-05-30 (As Above) Exhibits 16-19.  
347 Ex 20-26 2007-05-30 (As Above) Exhibits 20-26.  
347 Ex 27-34 2007-05-30 (As Above) Exhibits 27-34.  
346 2007-05-30 REPLY to Response to Motion re 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 Plaintiff SCO Group.  
345 2007-05-29 SECOND CORRECTED NOTICE OF HEARING ON MOTION re:
  • 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance ,
  • 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 ,
  • 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim ,
  • 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief :
(Notice generated by Kim Jones) Motion Hearing set for 6/4/2007 09:00 AM in Room 220 before Judge Dale A. Kimball.
No DL
344 2007-05-29 CORRECTED NOTICE OF HEARING ON MOTION re:
  • 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages ,
  • 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 ,
  • 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 :
(Notice generated by Kim Jones) Motion Hearing set for 5/31/2007 02:00 PM in Room 220 before Judge Dale A. Kimball.
No DL
343 2007-05-29 ORDER granting 331 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/29/07  
342 2007-05-29 SECOND AMENDED NOTICE OF HEARING ON MOTION re: 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 , 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 , 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim , 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief : (Notice generated by Kim Jones) Motion Hearing reset for 6/4/2007 09:00 AM in Room 220 before Judge Dale A. Kimball. No DL
341 2007-05-29 AMENDED NOTICE OF HEARING ON MOTION re: 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance , 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages , 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 : (Notice generated by Kim Jones) Motion Hearing reset for 5/31/2007 02:00 PM in Room 220 before Judge Dale A. Kimball. No DL
340 2007-05-29 **SEALED DOCUMENT** SEALED 2ND SUPPLEMENTAL DECALRATION OF KENNETH W. BRAKEBILL re: 147 MOTION for Partial Summary Judgment or Preliminary Injunction , 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief , 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 , 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 , 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance , 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Defendant Novell, Inc No DL
339 2007-05-29 **SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Defendant Novell, Inc No DL
338 2007-05-29 **SEALED DOCUMENT** SEALED REPLY IN SUPPORT OF 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Defendant Novell, Inc No DL
337 2007-05-25 REPLY to Response to Motion re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance [REDACTED] filed by Defendant Novell, Inc..  
337 Ex A 2007-05-25 (As Above) Exhibit A. Response to SCO's Statement of Facts  
337 Ex B 2007-05-25 (As Above) Exhibit B. Westlaw cite: Relational Design v. Brock  
337 Ex C 2007-05-25 (As Above) Exhibit C. Westlaw cite: Dick Corp v. SNC-Lavalin  
337 Ex D 2007-05-25 (As Above) Exhibit D. Lexis cite: Bank of the West v. Resolution Trust  
337 Ex E 2007-05-25 (As Above) Exhibit E. Webster Online Dictionary Entry for word "Require"  
336 2007-05-25 NOTICE OF CONVENTIONAL FILING of Reply Memoranda and Declaration filed by Defendant Novell, Inc.  
335 2007-05-25 DECLARATION of Kenneth W. Brakebill re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance , 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 , 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages , 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..  
335 Ex 1 2007-05-25 (As Above) Exhibit 1. Copyright search SCO Group as Claimant  
335 Ex 2 2007-05-25 (As Above) Exhibit 2. Copyright search SCO Group as Author  
335 Ex 3 2007-05-25 (As Above) Exhibit 3. Copyright search Santa Cruz Operation, Inc as Party 1  
335 Ex 4 2007-05-25 (As Above) Exhibit 4. Copyright search Santa Cruz Operation, Inc as Party 2  
335 Ex 5 2007-05-25 (As Above) Exhibit 5. Copyright search Caldera International, Inc as Party 2  
335 Ex 6 2007-05-25 (As Above) Exhibit 6. Press release "SCO Registers Unix Copyrights and Offers Linux License"  
335 Ex 7 2007-05-25 (As Above) Exhibit 7. Archive copy of Novell's indemnity web page.  
335 Ex 8 2007-05-25 (As Above) Exhibit 8. Novell's current indemnity web page  
335 Ex 9 2007-05-25 (As Above) Exhibit 9. Excerpt Michael Danaher depo  
335 Ex 10 2007-05-25 (As Above) Exhibit 10. Excerpt from SCO's Response and Objections to Novell's Second and Third Sets of Interrogatories  
335 Ex 11 2007-05-25 (As Above) Exhibit 11. SCO's Initial Disclosures  
335 Ex 12 2007-05-25 (As Above) Exhibit 12. (Filed under seal) Excerpt of Lawrence Bouffard depo No DL
335 Ex 13 2007-05-25 (As Above) Exhibit 13. Excerpt of SCO's Form 10K for year ending 2006-10-31  
335 Ex 14 2007-05-25 (As Above) Exhibit 14. Excerpt Chris Sontag depo 2007-03-14  
335 Ex 15 2007-05-25 (As Above) Exhibit 15. Excerpt Chris Sontag depo 2004-03-19  
334 2007-05-25 DECLARATION of James McKenna 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..  
333 2007-05-25 REPLY to Response to Motion re 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 Defendant Novell, Inc..  
333 Ex Add 2007-05-25 (As Above) Exhibits Addendum. Response to SCO's Statement of Facts  
333 Ex A-D 2007-05-25 (As Above) Exhibits A-D.  
333 Ex E-G 2007-05-25 (As Above) Exhibits E-G.  
333 Ex H 2007-05-25 (As Above) Exhibit H.  
332 2007-05-25 REPLY to Response to Motion 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 Defendant Novell, Inc..  
332 Ex A 2007-05-25 (As Above) Exhibit A.  
332 Ex B 2007-05-25 (As Above) Exhibit B.  
331 2007-05-25 Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages (Overlength Reply Memoranda) filed by Defendant Novell, Inc..  
331 PO 2007-05-25 (As Above) Text of Proposed Order  
330 2007-05-25 EXHIBITS filed by SCO Group re [308] Sealed Document.

(Atty Troy Keller says no one told him that Santa Cruz could not prove ownership of Unix copyrights. -- TWZ)

 
329 2007-05-25 REDACTION to Exhibit 89 re [308] Sealed Declaration Exhibit 89 to the Declaration of Mark F. James by Plaintiff SCO Group. (Normand, Edward) Modified on 5/25/2007 by adding descriptive text (blk).

(Sandeep Gupta claims his investigation shows Novell added SCO copyright notices to Unix and Unixware -- TWZ)

 
328 2007-05-25 328 EXHIBIT 114 filed by SCO Group re [308] Sealed Declaration of Mark F. James. (Normand, Edward) Modified on 5/25/2007 by adding descriptive text(blk). (Entered: 05/24/2007)

(Jay Peterson says as a matter of course SCO did not remove prior copyright notices. -- TWZ)

 
327 2007-05-25 EXHIBIT 113 filed by SCO Group re [308] Sealed Declaration of Mark F. James. (Normand, Edward) Modified on 5/25/2007 by adding descriptive text(blk).

(Neighbor of David Bradford, Eric Leyland Johnson claims Bradford told him he didn't know much about APA negotiations. -- TWZ)

 
326 2007-05-25

 

NOTICE OF HEARING ON MOTION re:

  • 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance ,
  • 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages ,
  • 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 ,
  • 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS ,
  • 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 ,
  • 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 ,
  • 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim ,
  • 147 MOTION for Partial Summary Judgment or Preliminary Injunction , 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief : Motion Hearing set for 5/31/2007 09:00 AM in Room 220 before Judge Dale A. Kimball.
No DL
325 Part 1/2 2007-05-24 REDACTION to [306] Sealed Document, SCO's Memorandum in Opposition to Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance by Plaintiff SCO Group.  
325 Part 2/2 2007-05-24 (As Above) Part 2  
325 Ap A 2007-05-24 (As Above) Appendix A.  
324 2007-05-21 DECLARATION of G. Gervaise Davis III re [306] Sealed Document, SCO'S MEMORANDUM IN OPPOSITION re: 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, filed by SCO Group.  
324 Ex A-B 2007-05-21 (As Above) Exhibits A & B. Exhibit A: CV of G.Gervaise Davis III. Exhibit B: Materials considered by G. Gervaise Davis III.  
323 2007-05-21 ORDER granting 300 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/21/07  
322 2007-05-21 ORDER granting 305 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/21/07  
321 2007-05-21 ORDER granting 304 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 5/21/07  
320 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 105-120 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
319 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 87-104 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
318 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 76-86 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
317 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 71-75 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
316 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 64-70 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
315 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 60-63 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
314 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 51-59 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
313 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 41-50 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
312 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 35-40 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
311 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 21-34 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
311 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 21-34 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
310 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 15-20 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
309 2007-05-21 **SEALED DOCUMENT** SEALED EXHIBITS 9-14 re: [308] Sealed Document filed by Plaintiff SCO Group No DL
308 2007-05-21 **SEALED DOCUMENT** SEALED DECLARATION OF MARK F. JAMES filed by Plaintiff SCO Group No DL
307 2007-05-21 **SEALED DOCUMENT** SEALED RESPONSE IN OPPOSITION re: 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages , filed by Plaintiff SCO Group No DL
306 2007-05-21 **SEALED DOCUMENT** SEALED MEMORANDUM IN OPPOSITION re: 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance , filed by Plaintiff SCO Group No DL
305 2007-05-18 Plaintiff's MOTION for Leave to File Excess Pages re SCO's Memorandum in Opposition to Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Plaintiff SCO Group.  
305 PO 2007-05-18 (As Above) Text of Proposed Order  
304 2007-05-18 Plaintiff's MOTION for Leave to File Excess Pages re 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 filed by Plaintiff SCO Group.  
304 PO 2007-05-18 (As Above) Text of Proposed Order  
303 2007-05-18 EXHIBITS filed by SCO Group.  
302 2007-05-18 NOTICE OF CONVENTIONAL FILING of SCO's Memorandum in Opposition to Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 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, Declaration of Mark F. James filed by Plaintiff SCO Group  
301 2007-05-18 Plaintiff's MEMORANDUM in Opposition re 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 Counter Defendant SCO Group, Plaintiff SCO Group.  
301 Ex A 2007-05-18 (As Above) Exhibit A.  
300 2007-05-18 Plaintiff's MOTION for Leave to File Excess Pages filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order Order Granting Ex Parte Motion for Leave to File Excess Pages) Motions referred to Brooke C. Wells.  
300 PO 2007-05-18 (As Above) Text of Proposed Order  
299 2007-05-18 Plaintiff's MEMORANDUM in Opposition 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 Counter Defendant SCO Group, Plaintiff SCO Group.  
298 2007-05-15 OBJECTIONS to [213] Sealed Document, 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 , 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim , 259 Memorandum in Support of Motion, [Evidentiary Objections to SCO's Summary Judgment Exhibits] filed by Defendant Novell, Inc..  
298 Ex A 2007-05-15 (As Above) Exhibit A. Lexis cite: Greyhound v J. R. Willyard et al.  
298 Ex B 2007-05-15 (As Above) Exhibit B. Lexis cite: Broadband Management Solutions v DISH Network Service  
297 2007-05-15 REDACTION to [296] Sealed Supplemental Declaration of Kenneth W. Brakebill by Defendant Novell, Inc..  
296 2007-05-15 **SEALED DOCUMENT** SUPPLEMENTAL DECLARATION of Kenneth W. Brakebill in Opposition to SCO's Motion for Summary Judgment filed by Defendant Novell, Inc.. No DL
295 2007-05-15 **SEALED DOCUMENT** MEMORANDUM IN SUPPORT re 292 Memorandum in Opposition to Motion for Partial Summary Judgment on SCO's First, Second, and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim (Copyright Ownership) filed by Defendant Novell, Inc.. No DL
294 2007-05-14 NOTICE OF CONVENTIONAL FILING of (Sealed Memorandum in Opposition & Sealed/Redacted Supplemental Declaration) filed by Defendant Novell, Inc.  
293 2007-05-14 DECLARATION of James McKenna re 292 Memorandum in Opposition to Motion,, filed by Novell, Inc..  
292 2007-05-14 Defendant's MEMORANDUM in Opposition re 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 [REDACTED] filed by Defendant Novell, Inc..  
292 Ex A 2007-05-14 (As Above) Exhibit A. Response to SCO's Statement of Facts  
292 Ex B 2007-05-14 (As Above) Exhibit B. Westlaw cite: Relational Design & Technology v Brock  
292 Ex C 2007-05-14 (As Above) Exhibit C. Lexis cite: Bank of the West v Resolution Trust Corporation  
291 2007-04-25 REDACTION to [288] Sealed Document [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..  
291 Ex 1 2007-04-25 (As Above) Exhibit 1. The SCO Group v. Novell  
291 Ex 2 2007-04-25 (As Above) Exhibit 2. Geer v. Cox  
291 Ex 3 2007-04-25 (As Above) Exhibit 3. Zapata v. IBP  
291 Ex 4 2007-04-25 (As Above) Exhibit 4. Marseilles Hydro Power v. Marseilles Land & Water  
291 Ex 5 2007-04-25 (As Above) Exhibit 5. Computerized Thermal Imaging v. Bloomberg  
290 2007-04-25 ORDER granting 289 Motion for Admission Pro Hac Vice of Marc J. Pernick 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 4/25/07.  
289 2007-04-24 MOTION for Admission Pro Hac Vice of Marc J. Pernick, Registration fee $ 15, receipt number 4681017374, filed by Defendant Novell, Inc..  
289 Ex A 2007-04-24 (As Above) Exhibit A. Application for Admission  
289 Ex B 2007-04-24 (As Above) Exhibit B ECF Registration  
289 Ex C 2007-04-24 (As Above) Exhibit C. Text of Proposed Order  
288 2007-04-23 **SEALED DOCUMENT** MEMORANDUM IN SUPPORT re 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Defendant Novell, Inc.. No DL
287 2007-04-23 **SEALED DOCUMENT** MEMORANDUM IN SUPPORT re 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 Defendant Novell, Inc.. No DL
286 2007-04-23 **SEALED DOCUMENT** MEMORANDUM IN SUPPORT re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Defendant Novell, Inc.. No DL
285 2007-04-23 REDACTION to [284] Sealed Document DECLARATION OF KENNETH W. BRAKEBILL by Defendant Novell, Inc.. (blk) Modified on 4/23/2007 - Exhibits not scanned because they are oversize. They will be retained in the clerk's office for viewing  
284 2007-04-23 **SEALED DOCUMENT** DECLARATION of Kenneth W. Brakebill filed by Defendant Novell, Inc.. No DL
283 2007-04-20 NOTICE OF CONVENTIONAL FILING of (Memoranda and Declarations) filed by Defendant Novell, Inc.  
282 2007-04-20 NOTICE of Corrected Filing by Novell, Inc. re 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  
281 2007-04-20 DECLARATION of Tor Braham 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..  
281 Ex 1 2007-04-20 (As Above) Exhibit 1. Hand annotated draft version of Novell/SCO APA.  
281 Ex 2 1/3 2007-04-20 (As Above) Exhibit 2 part A. Draft APA.  
281 Ex 2 2/3 2007-04-20 (As Above) Exhibit 2 part B.  
281 Ex 2 3/3 2007-04-20 (As Above) Exhibit 2 part C.  
281 Ex 3 2007-04-20 (As Above) Exhibit 3. Fax of changes to draft.  
281 Ex 4 2007-04-20 (As Above) Exhibit 4. Fax of changes to draft of schedules 1.1  
281 Ex 5 1/2 2007-04-20 (As Above) Exhibit 5 part A. Further marked up draft of APA.  
281 Ex 5 2/2 2007-04-20 (As Above) Exhibit 5 part b.  
281 Ex 6 1/2 2007-04-20 (As Above) Exhibit 6 part A. Later fax of draft APA.  
281 Ex 6 2/2 2007-04-20 (As Above) Exhibit 6 part B.  
281 Ex 7 & 8 2007-04-20 (As Above) Exhibits 7 and 8. Hand annotated draft of schedules 1.1  
281 Ex 9 2007-04-20 (As Above) Exhibit 9. Hand annotated term sheet.  
281 Ex 10 2007-04-20 (As Above) Exhibit 10. Faxed suggested changes to draft APA.  
281 Ex 11 2007-04-20 (As Above) Exhibit 11. Faxed suggestd changes to draft APA.  
280 2007-04-20 DECLARATION of James R. Tolonen 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..  
279 2007-04-20 DECLARATION of David Bradford 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..  
279 Ex 1 2007-04-20 (As Above) Exhibit 1. Minutes of Novell BOD meet, 1995-09-18  
279 Ex 2 2007-04-20 (As Above) Exhibit 2. Memo to Novell BOD 1995-09-15  
279 Exhibit 3 2007-04-20 (As Above) Exhibit 3. Memo to Ed Chatlos.  
278 2007-04-20 DECLARATION of Allison Amadia 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..  
278 Ex 1 2007-04-20 (As Above) Exhibit 1. Draft APA Amendment 2.  
278 Ex 2 2007-04-20 (As Above) Exhibit 2. Final form of APA Amendment 2.  
277 2007-04-20 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Defendant Novell, Inc..  
277 2007-04-20 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages filed by Defendant Novell, Inc..  
276 2007-04-20 MEMORANDUM in Support re 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance [REDACTED] filed by Defendant Novell, Inc..  
275 2007-04-20 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance filed by Defendant Novell, Inc..  
274 2007-04-20 MEMORANDUM in Support re 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 Defendant Novell, Inc..  
274 Ex 1 2007-04-20 (As Above) Exhibit 1. Disposition of Evolution vs Prime Rate Premium Finance.  
273 2007-04-20 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 Defendant Novell, Inc..  
272 2007-04-20 MEMORANDUM in Support 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 Defendant Novell, Inc..  
271 2007-04-20 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 Defendant Novell, Inc..  
270 2007-04-20 ORDER granting 268 Motion for Protective Order - SECOND STIPULATED ADDENDUM TO PROTECTIVE ORDER. Signed by Judge Dale A. Kimball on 4/20/07.  
269 2007-04-20 ORDER granting 267 Motion for Extension of Time of deadlines for expert discovery. See order for deadlines set. Signed by Judge Dale A. Kimball on 4/17/07.  
268 2007-04-19 Stipulated MOTION for Protective Order (Entry of Second Stipulated Addendum) filed by Defendant Novell, Inc..  
268 PO 2007-04-19 (As Above) Text of Proposed Order.  
267 2007-04-19 267 Stipulated MOTION for Extension of Time to Complete All Expert Discovery filed by Defendant Novell, Inc..  
267 PO 2007-04-19 (As Above) Text of Proposed Order.  
266 2007-04-16 REDACTION to [251] Sealed Document SCO's Reply Memorandum In Support of its Cross Motion for Partial Summary Judgment on Novell's Fourth Counterclaim by Plaintiff SCO Group.  
265 Part 1/3 2007-04-16 REDACTION to [213] Sealed Document SCO's Memorandum in Opposition to Novell's Motion for Partial Summary Judgment on its Fourth Counterclaim for Relief, and In Support of SCO's Cross Motion for Partial Summary Judgment by Plaintiff SCO Group. (Part 1)  
265 Part 2/3 2007-04-16 (As Above) Part 2.  
265 Part 3/3 2007-04-16 (As Above) Part 3.  
265 Appendix A 2007-04-16 (As Above) Appendix A. Response to Novell's Statement of Undisputed Facts  
264 2007-04-11 ORDER granting 262 Motion for Admission Pro Hac Vice of David Boies for SCO Group. 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 4/11/07.  
263 2007-04-10 ORDER granting 261 Motion for Extension of Time to Extend Dispositive Motion Deadline to April 20, 2007. Signed by Judge Dale A. Kimball on 4-10-07.  
262 2007-04-10 MOTION for Admission Pro Hac Vice of David Boies, Registration fee $ 15, receipt number 490587, filed by Counter Defendant SCO Group, Plaintiff SCO Group.  
262 Ex A 2007-04-10 (As Above) Exhibit A. Application for Admission  
262 Ex B 2007-04-10 (As Above) Exhibit B. ECF Registration  
262 PO 2007-04-10 (As Above) Text of Proposed Order  
261 2007-04-09 Stipulated MOTION for Extension of Time to File Dispositive Motions filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather) (Entered: 04/09/2007)  
261 PO 2007-04-09 (As Above) Text of Proposed Order  
260 2007-04-09 DECLARATION of Edward Normand re 259 Memorandum in Support of Motion, filed by SCO Group.  
260 Ex 1 1/4 2007-04-09 (As Above) Exhibit 1 Part 1. The APA  
260 Ex 1 2/4 2007-04-09 (As Above) Exhibit 1 Part 2.  
260 Ex 1 3/4 2007-04-09 (As Above) Exhibit 1 Part 3.  
260 Ex 1 4/4 2007-04-09 (As Above) Exhibit 1 Part 4.  
260 Ex 2-9 2007-04-09 (As Above) Exhibits 1 2-9. Amendments etc to APA. Depos.  
260 Ex 10-20 2007-04-09 Declarations and Depos (As Above) Exhibits 1 10-20.  
260 Ex 21-27 2007-04-09 Depos and decls. TX's by USL. (As Above) Exhibits 1 21-27.  
260 Ex 28-31 2007-04-09 (As Above) Exhibits 1 28-31. MOG depo. Customer ageements  
260 Ex 32-34 2007-04-09 (As Above) Exhibits 1 32-34. Santa Cruz agreement w/Samsung, Declarations.  
260 Ex 35 1/2 2007-04-09 (As Above) Exhibit 35 part 1. SCO v IBM 2nd Am Complaint  
260 Ex 35 2/2 2007-04-09 (As Above) Exhibit 35 part 2.  
260 Ex 36-41 2007-04-09 (As Above) Exhibits 1 36-41. Novell letter to Customers, McBride declaration. Novell letters, Deposition.  
259 2007-04-09 MEMORANDUM in Support re 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 Counter Defendant SCO Group, Plaintiff SCO Group.  
259 Exhibits A-D 2007-04-09 (As Above) Exhibits A-D, Unpublished Cases.  
258 2007-04-09 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 Counter Defendant SCO Group, Plaintiff SCO Group.  
258 PO 2007-04-09 (As Above) Text of Proposed Order  
257 2007-04-03 ORDER granting 256 Motion for Extension of Time to complete all outstanding fact discovery. The parties' 9/17/07 trial date will not change. Signed by Judge Dale A. Kimball on 4/3/07.  
256 2007-03-30 Stipulated MOTION for Extension of Time to Complete Outstanding Fact Discovery filed by Defendant Novell, Inc..  
256 PO 2007-03-30 (As Above) Text of Proposed Order  
255 2007-03-28 STIPULATED ADDENDUM to PROTECTIVE ORDER. Signed by Judge Dale A. Kimball on 3/27/07.  
254 2007-03-23 Stipulated MOTION for Protective Order (Entry of Stipulated Addendum) filed by Defendant Novell, Inc..  
254 PO 2007-03-23 (As Above) Text of Proposed Order  
253 2007-03-23 NOTICE FROM THE CLERK'S OFFICE: From this day forward, sealed submission in this case will not be scanned for internal court use but will be maintained in the court's sealed room not to be accessed except by court personnel. No DL
252 2007-03-21 ORDER on 250 Motion to Amend/Correct Second Amended Complaint. It is hereby ordered that Plaintiff and Counterclaim-Defendant SCO's Second Amended Complaint is deemed amended to reflect that SCO's Fifth Claim for Relief arises out of Utah statutory and/or common law and Defendant and Counterclaim-Plaintiff Novell's Motion for a More Definite Statement of SCO's Unfair Competition Cause of Action is mooted. Signed by Judge Dale A. Kimball on 3/21/07.  
251 2007-03-21 **SEALED DOCUMENT** REPLY MEMORANDUM IN SUPPORT re 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim filed by Counter Defendant SCO Group. No DL
250 2007-03-20 Stipulated MOTION to Amend/Correct SCO's Fifth Claim for Relief filed by Defendant Novell, Inc..  
250 PO 2007-03-20 (As Above) Text of Proposed Order  
249 2007-03-19 ORDER granting 248 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 3/19/07.  
248 2007-03-16 MOTION for Leave to File Excess Pages filed by Counter Defendant SCO Group, Plaintiff SCO Group.  
248 PO 2007-03-16 (As Above) Text of Proposed Order  
247 2007-03-16 NOTICE OF CONVENTIONAL FILING of Reply Memorandum in Support of its Cross Motion for Partial Summary Judgment on Novells Fourth Counterclaim and Exhibits Attached Thereto; Declaration of Mark F. James filed by Counter Defendant SCO Group, Plaintiff SCO Group  
246 2007-03-12 ORDER granting 245 Motion for Extension of Time to File Response/Reply re 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim . Replies due by 3/16/2007.  
245 2007-03-09 MOTION for Extension of Time to File Response/Reply to Novell's Opposition to SCO's Cross Motion for Partial Summary Judgment on Novell's Fourth Claim for Relief filed by Counter Defendant SCO Group, Plaintiff SCO Group.  
245 PO 2007-03-09 (As Above) Text of Proposed Order  
244 2007-03-05 ORDER RE SCHEDULING granting 243 Motion for Extension of Time to Complete Discovery. Signed by Judge Dale A. Kimball on 3/5/07  
243 2007-03-02 Stipulated MOTION for Extension of Time to Complete Discovery filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather) (Entered: 03/02/2007)  
243 PO 2007-03-02 (As Above) Text of Proposed Order  
242 2007-02-22 **SEALED DOCUMENT**REPSONSE to SCOs Statement of Facts in Support of its Cross-Motion for Summary Jgm on Novells Fourth Claim for Relief filed by Defendant Novell, Inc.. No DL
241 2007-02-22 **SEALED DOCUMENT** DECLARATION of Heather Sneddon re [240] Sealed Opposition to Cross-Motion filed by Defendant Novell, Inc. No DL
240 2007-02-22 **SEALED DOCUMENT** Opposition to Cross Motion re 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief filed by Defendant Novell, Inc. No DL
239 2007-02-21 NOTICE OF CONVENTIONAL FILING of Novell's Opposition to SCO's Cross-Motion for Summary Judgment on Novell's Fourth Claim for Relief; Declaration of Heather M. Sneddon in Support; Novell's Response to SCO's Statement of Facts filed by Defendant Novell, Inc. (Sneddon, Heather) (Entered: 02/21/2007)  
224 2007-01-18 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim filed by Counter Defendant SCO Group, Plaintiff SCO Group.  
171 2006-12-01 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief filed by Defendant Novell, Inc.  
78 2006-12-01 ANSWER to Amended Complaint with Jury Demand, COUNTERCLAIM against SCO Group filed by Novell, Inc.  
31 2006-12-01 SECOND Amended complaint by SCO Grp Amends [31-1] amended complaint; jury demand  
29 2004-06-09 Memorandum Decision denying [11-1] motion to remand, granting in part, denying in part [2-1] motion to dismiss: Dft's Motion to Dismiss is denied as to pla's pleading of falsity and granted as to pla's pleading of special damages. Pla is granted 30 days from the date of this order to amend its Complaint to more specifically plead special damages signed by Dale A. Kimball