SCO Asks to File Another Overlength Memo

Thursday, September 30 2004 @ 12:05 PM EDT

Contributed by: PJ

SCO has once again filed for permission to go on and on and on, and they have been granted permission to file an over-length 28-page Reply Memorandum in connection with their Expedited Motion regarding the "enforcement" of the scheduling order and their motion requesting a scheduling conference. So, we get to read more legalese from the SCO team. zzzzzz

First, the Ex Parte Motion. Then I will put up the order. I believe I have discerned their real strategy. Yes, it's "anywhere but here", as IBM attorney Evan Chesler put it at the September 15th hearing. But I detect a water-torture strategy as well. Drip, drip, drip, more memoranda, more motions, more words until we all wave our little white flags from the parapet and beg them to stop at any cost. One thing is for sure. They can't appeal on the grounds that they didn't get to tell the court every last thought they could possibly dream up.

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

Brent O. Hatch (5715)
Mark F. James (5295)
Mark R. Clements (7172)
HATCH, JAMES & DODGE
[address, phone, fax]

Robert Silver (admitted pro hac vice)
BOISE, SCHILLER & FLEXNER
[address, phone, fax]

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

Attorneys for 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 MOTIONFOR LEAVE
TO FILE OVER-LENGTH REPLY MEMORANDUM

Civil No. 2:03CV0294 DAK

Honorable Dale A. Kimball

Magistrate Judge, Brooke Wells

_________________

Plaintiff/Counterclaim-Defendant The SCO Group ("SCO") hereby moves the Court pursuant to District Court Rule 7-l(e) for leave to file an overlength 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. SCO's Reply Memorandum addresses in one memorandum SCO's Reply in support of its two separate motions.

As SCO must address multiple issues and must place complex issues in context for the Court, SCO respectfully requests leave to file an over-length memorandum. SCO's Memorandum now contains approximately a total of 28 pages. SCO has endeavored to be as concise as possible, but respectfully submits that the excess length is necessary to fully address the issues.

DATED this 24th day of September, 2004
     
     ___[signature]___
    HATCh, JAMES & DODGE, P.C.
Brent O. Hatch
Mark F. James

BOIES, SCHILLER & FLEXNER
Robert Silver, Esq. (admitted pro hac vice)
Stephen N. Zack (admitted pro hac vice)
Mark J. Heise (admitted pro hac vice)

Attorneys 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 FILEOVERLENGTH REPLY MEMORANDUM was served on Defendant International BusinessMachines Corporation on this 24th day of September, 2004, by U.S. mail, postage prepaid to:

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

Copy to:
     Evan R. Chesler, Esq.
     Cravath, Swaine & Moore LLP
     [address]

     Donald J. Rosenberg, Esq.
     [address]

     Attorneys for Defendant/Counterclaim Plaintiff IBM Corp.

     ___[signature of Mark F. James]___

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