IBM & SCO File Docs Re SCO's 2 Expedited Motions

Monday, September 27 2004 @ 06:30 PM EDT

Contributed by: PJ

Lots of activity on Pacer. Some of the documents are sealed, but four are available. First, IBM has responded to SCO's 2 motions for expedited consideration, the one about the scheduling order and the one asking the court not to consider any dispositive motions until after fact discovery, and SCO has responded to their document with one of their own, a reply memorandum. Naturally, theirs is longer. These are the two documents that Judge Kimball ordered each side to hurry up and file:

#303 - IBM's Opposition to SCO's Ex Parte Emergency Motion for a Scheduling Conference and Expedited Motion to "Enforce" the Court's Amended Scheduling Order Dated June 10, 2004. Note the quotation marks.

#303-A - Exhibit A to #303, a letter from IBM's lawyer Todd Shaughnessy to John Terpstra's lawyer regarding SCO postponing his deposition from September 23 to November 2. Probably November 2.

#304 - IBM's [sealed] Opposition to SCO's Supplemental Memorandum re: Discovery

#305 - IBM's [sealed] Declaration of Ron Saint Pierre

#306 - IBM's [sealed] Declaration of David Bullis

#307 - SCO's [sealed] Consolidated Reply Memorandum in Further Support of SCO's Expedited Motion to Enforce the Court's Amended Scheduling Order and Emergency Motion for a Scheduling Conference

#308 - SCO's Consolidated Reply Memorandum in Further Support of SCO's Expedited Motion to Enforce the Court's Amended Scheduling Order and Emergency Motion for a Scheduling Conference

#309 - SCO's Ex parte motion for leave to file over-length memorandum re: consolidated reply memo

#310 - Judge Kimball's Order granting SCO permission to file its magnum opus, the War and Peace of legal documents, the 80 page one.

Note that SCO's #308 is a redacted version of #307, which IBM indicates is 80 pages long.

There is also the Order, based on the stipulation by the parties, in the SCO v. Novell case, allowing SCO a little more time, until October 1, to file their response.

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