SCO's Ex Parte Motion For Leave to File Overlength Memo in IBM Lawsuit - as text

Thursday, July 08 2004 @ 08:54 AM EDT

Contributed by: PJ

Here is SCO's Ex Parte Motion for Leave to File Overlength Memorandum as text, thanks to Steve Martin.

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

Brent O. Hatch (5715)
HATCH, JAMES & DODGE, PC
[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 The SCO Group, Inc.

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.
EX PARTE MOTION FOR LEAVE
TO FILE OVERLENGTH
MEMORANDUM



Civil No. 2:03CV0294DAK

Honorable Dale A. Kimball

Magistrate Judge Brooke C. Wells

Plaintiff/Counterclaim-Defendant The SCO Group ("SCO") hereby moves the Court pursuant to District Court Rule 7-1(e) for an Order granting it leave to file a Memorandum in Support of Plaintiff's Renewed Motion to Compel (the "Memorandum") that consists of 12 pages, exclusive of face sheet, table of contents and exhibits.

SCO's Motion is made upon the grounds that a memorandum of the indicated length is necessary given International Business Machines Corporation's ("IBM") failure in numerous respects to comply with the Court's March 3, 2004, Order compelling certain discovery from IBM

SCO requires two additional pages to set forth in sufficient detail IBM's failures to comply with the Court's March 3, 2004, Order and SCO's argument concerning why IBM should be compelled to fully comply with the Order.

SCO has endeavored to be as concise as possible, but respectfully submits that the excess length is necessary to fully and fairly address the issues being placed before the Court.

SCO respectfully requests that it be allowed to file a Reply Memorandum containing 12 pages, exclusive of face sheet and table of contents.

DATED this 6th day of July, 2004.

By:_______ [signature]_________
HATCH, JAMES & DODGE, P.C.
Brent O. Hatch
Mark R. Clements

BOIES, SCHILLER & FLEXNER LLP
Robert Silver
Stephen N. Zack
Mark J. Heise

Counsel for The SCO Group, Inc.


CERTIFICATE OF SERVICE

Plaintiff, The SCO Group, hereby certifies that a true and correct copy of EX PARTE MOTION FOR LEAVE TO FILE OVERLENGTH MEMORANDUM was served on Defendant International Business Machines Corporation on this 6th day of July, 2004, as follows:

BY HAND DELIVERY:

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

BY U.S. MAIL:

Evan R. Chesler, Esq.
Cravath, Swaine & Moore LLP
[address}

Donald J. Rosenberg, Esq.
[address]

_______[signature]________

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