SCO and IBM Stipulate to Small Delay on Filings Until Nov. 30 and It Is So Ordered

Thursday, November 25 2004 @ 02:00 AM EST

Contributed by: PJ

The parties stipulated to a small delay until November 30th, and Judge Dale A. Kimball has so ordered. So IBM has until then to file its Opposition to SCO's Motion for Leave to Amend the complaint. Originally, IBM's deadline was November 23. SCO has until December 21 to answer, and that does not appear to have changed, so overall, there is no ultimate delay.

And SCO has until November 30, instead of November 23, to file its Memorandum in Opposition to IBM's Motion for Partial Summary Judgment on Breach of Contract Claims and its Memorandum in Opposition to IBM's Motion for Partial Summary Judgment on its Counterclaim for Copyright Infringement (Eighth Counterclaim), the one I personally can't wait to read. Again, there seems to be no change in the date IBM has to respond, January 14, so it isn't ultimately a delay in the schedule, looking at the big picture.

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

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.

______________________________

ORDER RE BRIEFING FOR PENDING
MOTIONS

Civil No. 2:03CV0294 DAK

Honorable Dale A. Kimball

Magistrate Judge Brooke Wells

_____________________________

Based upon the stipulation of the parties, and good cause appearing,

IT IS HEREBY ORDERED as follows:

IBM's Memorandum in Opposition to SCO's Motion for Leave to Amend shall be due on November 30, 2004;

SCO's Memorandum in Opposition to IBM's Motion for Partial Summary Judgment on Breach of Contract Claims shall be due on November 30, 2004; and

SCO's Memorandum in Opposition to IBM's Motion for Partial Summary Judgment on its Counterclaim for Copyright Infringement (Eighth Counterclaim) shall be due on November 30, 2004.

DATED this 24th day of November, 2004.

BY THE COURT:

_____[signature]______
Honorable Dale A. Kimball
United States District Court

APPROVED AS TO FORM:

SNELL & WILMER LLP
Alan L. Sullivan
Todd M. Shaughnessy

CRAVATH, SWAINE & MOORE
Evan R. Chesler
David R. Marriott

_____[signature]_____
Counsel for Defendant International
Business Machines Corporation

HATCH, JAMES & DODGE, P.C.
Brent O. Hatch
Mark F. James

By: ____[signature]______
Counsel for Plaintiff


United States District Court
for the
District of Utah
November 24, 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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