#973 - ORDER denying 778 MOTION for Relief for IBM's Spoliation of Evidence

_Arthur

March 2, 2007

ORDER DENYING SCO’S MOTION FOR RELIEF RE SPOLIATION

Plaintiff and Counterclaim-Defendant The SCO Group, Inc.’s (“SCO’s”) Motion for
Relief for IBM’s Spoliation of Evidence came before the Court for hearing on January 18, 2007.
Mark James appeared for SCO. Todd Shaughnessy appeared for Defendant and Counterclaim-
Plaintiff International Business Machines Corporation (“IBM”). The Court, having considered
both parties’ papers, having heard argument of counsel, and for good cause appearing,
IT IS HEREBY ORDERED that SCO’s motion is denied for the reasons set forth by the
Court at the hearing held on January 18, 2007.

http://sco.tuxrocks.com/Docs/IBM/IBM-973.pdf

2:41:01 PM


Novell #243: STIPULATION RE SCHEDULING

_Arthur

March 2, 2007

STIPULATION RE SCHEDULING

Defendant and Counterclaim-Plaintiff Novell, Inc. (“Novell”), by and through its counsel,
and Plaintiff and Counterclaim-Defendant The SCO Group, Inc. (“SCO”), by and through its
counsel, hereby stipulate as follows:
All currently-noticed depositions shall be completed by March 30, 2007. Any documents
subpoenaed from currently-noticed third-party deponents shall be produced in advance of their
respective depositions.
The parties agree to the following expert discovery deadlines:
(a) The parties agree that the parties bearing the burden of proof on issues will
designate and submit the reports of its expert witnesses on these issues, if any, by April 25, 2007.
(b) The deadline for submitting any opposing expert reports will be May 23,
2007.
(c) Any rebuttal expert reports must be served by June 8, 2007.
(d) Expert depositions shall commence no earlier than June 14, 2007 and shall
The parties agree to the following expert discovery deadlines:
(a) The parties agree that the parties bearing the burden of proof on issues will
designate and submit the reports of its expert witnesses on these issues, if any, by April 25, 2007.
(b) The deadline for submitting any opposing expert reports will be May 23,
2007.
(c) Any rebuttal expert reports must be served by June 8, 2007.
(d) Expert depositions shall commence no earlier than June 14, 2007 and shall
be completed by June 22, 2007. They will be taken where the expert resides unless otherwise
agreed.
The deadline for dispositive motions shall be extended from March 14, 2007 to April 13,
2007.
The parties agree to the aforementioned deadlines with the intention of maintaining the
September 17, 2007 trial date.

2:49:37 PM


Source: Investor Village SCO Board [ http://www.investorvillage.com/smbd.asp?mb=1911 ]

Copyright 2007