Gray v. Novell, Inc. et al

Filing 55

ORDER: The Motion and Combined Memorandum in Support of Declassifying the 1996 Novell-X/Open-Santa Cruz "Confirmation Agreement" 38 is DENIED without prejudice. The Motion to Seal 39 is DENIED as moot. The Amended Motion to Seal 40 is DENIED without prejudice. Counsel shall, within 30 days, confer for the purpose of drafting a confidentiality agreement. Signed by Judge James S. Moody Jr. on 9/24/2007. (len)

Gray v. Novell, Inc. et al

Doc. 55

Case 8:06-cv-01950-JSM-TGW

Document 55

Filed 09/24/2007

Page 1 of 2

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
WAYNE R. GRAY, Plaintiff, v. NOVELL, INC.; THE SCO GROUP, INC.; X/OPEN COMPANY LIMITED, Defendants. _____________________________________/ ORDER This cause comes before the Court for consideration of Plaintiff's Motion and Combined Memorandum in Support of Declassifying the 1996 Novell-X/Open-Santa Cruz "Confirmation Agreement" and Its Transmittal Memo (Dkt. #38), Motion to Seal, With Combined Brief (Dkt. #39), and Amended Motion to Seal, With Combined Brief (Dkt. # 40), and Defendants' opposition thereto (Dkt. # 42, 43, 44, 45). Having considered Plaintiff's motions, the responses thereto, oral argument, and being otherwise advised of the premises therein, the Court finds that said motions are premature. It is, therefore, ORDERED AND ADJUDGED that: 1. The Motion and Combined Memorandum in Support of Declassifying the 1996 Case No. 8:06-CV-1950-T-30TGW

Novell-X/Open-Santa Cruz "Confirmation Agreement" and Its Transmittal Memo (Dkt. #38) is DENIED without prejudice.

Dockets.Justia.com

Case 8:06-cv-01950-JSM-TGW

Document 55

Filed 09/24/2007

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2.

The Motion to Seal, With Combined Brief (Dkt. #39), superseded by the

Amended Motion to Seal, With Combined Brief (Dkt. # 40), is DENIED as moot. 3. The Amended Motion to Seal, With Combined Brief (Dkt. # 40) is DENIED

without prejudice. 4. Counsel shall, within thirty (30) days hereof, confer for the purpose of drafting

a confidentiality agreement governing the disclosure of the Confirmation Agreement executed by Novell, Inc., X/Open Company, Ltd., and The Santa Cruz Operation, Inc., predecessor of The SCO Group, Inc., effective September 4, 1996, and transmittal memo from Burt Levine dated September 17, 1996. DONE and ORDERED in Tampa, Florida on September 24, 2007.

Copies furnished to: Parties/Counsel of Record
S:\Even\2006\06-cv-1950.Confirmation Agreement.wpd

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