SCO Motion to Amend Scheduling Order - as text

Thursday, April 08 2004 @ 12:20 AM EDT

Contributed by: PJ

Here is SCO's Motion to Amend the Scheduling Order. Memorandum in Support will follow soon.

******************************************

Brent O. Hatch (5715)
HATCH, JAMES & DODGE
[address, phone, fax]

Stephen N. Zack (admitted pro hac vice)
Mark J. Heise (admitted pro hac vice)
David K. Markarian (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

______________________________________

The SCO GROUP, INC.,

Plaintiff,

v.

INTERNATIONAL BUSINESS
MACHINES CORPORATION,

Defendant.

_____________________________________

PLAINTIFF SCO'S MOTION TO
AMEND THE SCHEDULING ORDER

Case No. 2:03CV0294DAK

Judge Dale A. Kimball
Magistrate Judge Brooke C. Wells

____________________________________

Plaintiff The SCO Group, Inc. ("SCO"), hereby moves this Court for an order amending the Scheduling Order in this matter. The grounds for this Motion are as follows:

Pursuant to Federal Rule of Civil Procedure 16(b), SCO has moved to amend the Scheduling Order to extend certain deadlines in this case. Good cause exists to grant SCO's Motion because: (1) after the Scheduling Order was entered, IBM filed 10 counterclaims, including several claims for patent infringement; (2) discovery in this case was effectively stayed for four months; and (3) IBM's untimely responses to discovery have hindered orderly prosecution of the case.

This Motion is supported by a Memorandum in Support filed concurrently herewith.

DATED this 5th day of April, 2004.

Respectfully submitted,

____signature__________
HATCH, JAMES & DODGE, P.C.
Brent O. Hatch
Mark F. James

BOIES, SCHILLER & FLEXNER, L.L.P.
Stephen N. Zack
Mark J. Heise
David K. Markarian


CERTIFICATE OF SERVICE

Plaintiff, The SCO Group, Inc. hereby certifies that a true and correct copy of PLAINTIFF'S MOTION TO AMEND THE SCHEDULING ORDER was served on Defendant International Business Machines Corporation on this 5th day of April, 2004, by U.S. Mail, first class, postage prepaid, on their counsel of record as indicated below:

Alan L. Sullivan, Esq.
Todd M. Shaughnessy, Esq.
Snell & Wilmer L.L.P.
[address]

Evan R. Chesler, Esq.
David R. Marriott, Esq.
Cravath, Swaine & Moore LLP
[address]

Donald J. Rosenberg, Esq.
[address]

_______________[signature]_______________

83 comments



http://www.groklaw.net/article.php?story=20040408002049781