Judge Wells' Order - No, Not That One

Friday, October 22 2004 @ 01:19 AM EDT

Contributed by: PJ

Here is Judge Brooke Wells' Order as she announced it at the end of the October 19th hearing in SCO v. IBM. This isn't the order on the substantive materials she took under advisement, which is still pending. It adds one thing she didn't mention at the hearing: the transcript of the hearing is being sealed. I expect this is because of SCO's reading aloud the confidential email during the hearing. That was unfortunate, and now she has to deal with it.

I figured that the transcript would be redacted, at a minimum, and while it's a shame not to be able to read some fine lawyering, as all the eyewitnesses have reported happened that day, some things are more important. Confidentiality is one of them, and speaking for myself, I admire her decision. Down the road, the transcript can be unsealed, but only by order of the court.

For a laugh, compare what she actually ordered with SCO's spin to the media.

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

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

_______________________________

THE SCO GROUP, INC.

Plaintiff/Counterclaim-Defendant,

vs.

INTERNATIONAL BUSINESS MACHINES
CORP.

Defendant/Counterclaim-Plaintiff.

______________________________

Case No. 2:03cv00294 DK

ORDER

Judge Dale A. Kimball

Magistrate Judge Brooke C. Wells

____________________________

On October 19, 2004, the court heard argument regarding SCO Group's renewed Motion to Compel Discovery. For good cause shown, the court hereby ORDERS:

1. Both parties are to prepare and exchange privilege logs within 30 days from the entry of this order.

2. IBM is provide affidavits from the Board of Directors, Mr. Palmisano and Mr. Wladawsky-Berger regarding production of all non-privileged documents pertaining to IBM's Linux strategy. The affidavits are to be filed within 30 days from the entry of this order.

3. The court takes the remainder of SCO's motion under advisement.

4. The court, sua sponte, hereby seals the transcript of the proceedings held on October 19, 2004. Copies of the transcript are to be provided to the parties in the case and to the court but the transcript shall remain sealed until further order of the court.

DATED this 20 day of October , 2004.

BY THE COURT:

_______[signature]_______
BROOKE C. WELLS
United States Magistrate Judge


United States District Court
for the
District of Utah
October 21, 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]
EMAIL

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

Frederick S. Frei, Esq.
ANDREWS KURTH
[address]

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

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

Todd M. Shaughnessy, Esq.
SNELL & WILMER LLP
[address]
EMAIL

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

EMAIL

Mr. Kevin P McBride, Esq.
[address]
EMAIL

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

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

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