#410: SCO’S MOTION FOR ENTRY OF FINAL JUDGMENT

_Arthur

August 29, 2007

SCO’S MOTION FOR ENTRY OF FINAL JUDGMENT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 54(b)
http://sco.tuxrocks.com/Docs/Novell/Novell-410.pdf
http://sco.tuxrocks.com/Docs/Novell/Novell-410-1.pdf

Plaintiff/Counterclaim-Defendant, The SCO Group, Inc. (“SCO”), pursuant to Rule 54(b)
of the Federal Rules of Civil Procedure and for the reasons set forth in SCO’s Memorandum in
Support of its Motion For Entry of Final Judgment Pursuant to Federal Rule of Civil Procedure
54(b) , respectfully moves this Court to enter final judgment on (1) SCO’s First Claim for Relief,
for Slander of Title; (2) that portion of SCO’s Second Claim for Relief alleging that Novell
breached the covenant of good faith and fair dealing in its exercise of asserted rights under
Section 4.16(b) of the Asset Purchase Agreement (“APA”); (3) SCO’s Third Claim for Relief,
seeking specific performance; and (4) that portion of Novell’s Fourth Claim for Relief relating to
Novell’s request for a declaration of rights and duties under Section 4.16(b) of the APA.

6:25:19 PM


#411: SCO’S MEMORANDUM IN SUPPORT

_Arthur

August 29, 2007

SCO respectfully requests that the Court enter final judgment under Rule 54(b) with
respect to those claims which are fully and completely resolved by the Court’s granting of
summary judgment motions in its Order dated August 10, 2007 (the “Order”). The questions
under Rule 54(b) are whether the Court has made “a decision upon a cognizable claim for relief”
in the sense that it is “an ultimate disposition of an individual claim entered in the course of a
multiple claims action,” and whether there is any “just cause for delay” of an appeal from the
decision. Curtiss-Wright Corp. v. Gen. Elec. Co., 446 U.S. 1, 7 (1980); accord McKibben v.
Chubb, 840 F.2d 1525, 1528-29 (10th Cir. 1988). With respect to certain of SCO’s claims and
Novell’s counterclaims, the Order satisfies each requirement.

http://sco.tuxrocks.com/Docs/Novell/Novell-411.pdf

7:04:13 PM


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

Copyright 2007