Order Granting SCO's Ex Parte Motion for Leave to File Overlength Memorandum - as text

Thursday, June 03 2004 @ 07:58 PM EDT

Contributed by: PJ

The Honorable Dale A. Kimball, the judge in the SCO v. IBM case, has signed an Order Granting SCO's Ex Parte Motion for Leave to File Overlength Memorandum. This is to be expected, by the way. Personally, I like letting them write as much as they wish.

It says [Proposed] Order, because SCO wrote it and submitted it for the judge's approval. That way he doesn't need to be bothered and can just sign it if he so wishes. That too is typical.

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

Brent O. Hatch (5715)
Mark R. Clements (7172)
HATCH, JAMES & DODGE
[address, phone, fax]

Robert Silver, Esq. (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER LLP
[address, phone, fax]

Stephen N. Zack (admitted pro hac vice)
Mark J. Heise (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

THE SCO GROUP, INC.

Plaintiff/Counterclaim Defendant,


vs.

INTERNATIONAL BUSINESS
MACHINES CORPORATION,

Defendant/Counterclaim Plaintiff.
[PROPOSED] ORDER GRANTING
LEAVE TO FILE
OVERLENGTH MEMORANDUM

Case No. 2:03-CV-0294 DAK

Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells

Plaintiff The SCO Group, Inc. ("SCO")'s Ex Parte Motion for Leave to File Overlength Memorandum having come before this Court on May 28, 2004, and good cause being found therefore, the Court finds as follows:

IT IS HEREBY ORDERED

SCO shall have leave to file a reply memorandum of up to 20 pages, exclusive of face sheet and any table of contents, in support of SCO's Motion to Amend the Scheduling Order.

ORDERED this 2nd day of June, 2004.

BY THE COURT:

__________[Dale A. Kimball]_______


United States District Court
for the
District of Utah
June 3, 2004

* * CERTIFICATE OF SERVICE OF CLERK * *

Re: 2:03-cv-00294

True and correct copies of the attached were either mailed, faxed or e-mailed by the clerk to the following:

Brent O. Hatch, Esq.
HATCH JAMES & DODGE
[address]

Scott E. Gant, Esq.
BOIES SCHILLER & FLEXNER
[address]

Evan R. Chesler, Esq.
CRAVATH SWAINE & MOORE
[address]

Mr. Alan L. Sullivan, Esq.
SNELL & WILMER LLLP
[address]

Mark J. Heise, Esq.
BOIES SCHILLER & FLEXNER
[address]

Mr. Kevin P McBride, Esq.
[address]

Robert Silver, Esq.
BOIES SCHILLER & FLEXNER
[address]

Mr. David W. Scofield, Esq.
PETERS SCOFIELD PRICE
[address]

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