SCO Given More Time to Answer IBM Re 3rd Complaint & a New SCO Atty

Saturday, December 18 2004 @ 07:33 AM EST

Moving on to the latest in the SCO soap opera, here is an Order [PDF] giving SCO a bit more time to respond to IBM's Opposition to SCO's request to amend their complaint. (It's a sealed document, which is why I am not providing a link.) It's an inconsequential few days, from December 21 to December 29, with Christmas in the middle, so don't let it worry you. Also, it was done on stipulation by the parties, so that means it's inconsequential to IBM as well. It's just the way it works in litigation.

Also, Stuart H. Singer, Esq. would like the honor of appearing for SCO pro hac vice, and here's the order [PDF] granting his wish.

He's with Boies, Schiller in Florida. Here are the courts to which he is admitted, according to the application:

Stuart Singer is a partner in the firm. His main practice areas, according to his bio on the site (you have to go to the main page and then hunt for him under their lawyers' profiles, by alphabet), "are complex commercial litigation and arbitration, including antitrust, technology and intellectual property, class actions, securities and constitutional law." And here is a description of some cases he's handled for the firm:

"Recent cases have included: serving as lead counsel in arbitration over the sale of a technology business; lead counsel in defense of Fortune 100 company faced with multiple suits from terminated dealers; work on behalf of a major sports organization in defense of antitrust claims; work in connection with firm's successful defense of  antitrust claims brought against a large cigarette manufacturer; and a variety of intellectual property and antitrust claims involving one of the world's largest sellers of fresh produce."

The bio indicates he's been in practice for 20 years, and he "was lead counsel for a Fortune 500 company in successfully resolving over $1 billion in fraud and RICO claims for approximately 1% of potential damages.  Mr. Singer also served as lead counsel for a Fortune 500 energy company, handling multiple litigations against parties responsible for accounting fraud.  Mr. Singer has represented companies, including several of the country's largest title insurers, in obtaining dismissals of  class action lawsuits brought under the Real Estate Settlement Procedures Act, the Expedited Funds Availability Act and RICO."

Hmm. Fraud and RICO claims.

He graduated magna cum laude from Harvard Law School, where he was an Editor and the President of the Harvard Law Review, and for two years after graduating, he served as a law clerk for Associate Justice Byron R. White at the United States Supreme Court. So, we're talking a heavy hitter here, the cream of the crop, as far as ability is concerned.  

Here is a case handled by a Stuart H. Singer, who could be the same Mr. Singer, prior to his joining Boies Schiller. I phrase it that way because it's a common enough name that it is conceivable to me -- another person with a very common name -- that there could be two lawyers with the same name: Acadia Partners v. Tompkins, a piercing the corporate veil/fraudulent transfer case; and here's a case I'm sure he worked on, defending Fresh Del Monte Produce Inc.'s patent on a kind of pineapple, a case where the company was accused in a class action suit of a fraud on the PTO and anticompetitive conduct. Fresh Del Monte Produce is a company with an intriguing history.

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

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

Robert Silver (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER
[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,

v.

INTERNATIONAL BUSINESS
MACHINES CORPORATION,

Defendant.
--------------------
ORDER TO EXTEND
TIME FOR SCO TO FILE REPLY TO
IBM'S OPPOSITION TO SCO'S
MOTION FOR LEAVE TO FILE
THIRD AMENDED COMPLAINT

Case No. 2:03CV0294DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells
----------------------

Based upon the stipulation of the parties and good cause appearing,
IT IS HEREBY ORDERED that Defendant The SCO Group, Inc. may have up to
and including December 29, 2004 in which to file a reply to IBM's Opposition
to SCO's Motion for Leave to File a Third Amended Complaint.

DATED this 16th day of December, 2004.

By: _____[signature of Dale A. Kimball]_____
The Court

Approved as to form:

___[signature]____
SNELL & WILMER
Alan L. Sullivan
Todd M. Shaughnessy

CRAVATH, SWAINE & MOORE
Evan R. Chesler
Thomas G. Rafferty
David R. Marriott

Attorneys for International Business Machines Corporation

________________________________

United States District Court
for the
District of Utah
December 16, 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]

Stuart H. Singer, Esq.
BOIES SCHILLER & FLEXNER
[address]

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

Mr. Michael P O'Brien, Esq.
JONES WALDO HOLBROOK & MCDONOUGH
[address]

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