SCO Grp v. Novell Inc

Filing 182

Ex Parte (Not Sealed) MOTION for Leave to File OVERLENGTH MEMORANDUM IN OPPOSITION TO NOVELL'S MOTION FOR PARTIAL SUMMARY JUDGMENT OR PRELIMINARY INJUNCTION AND IN SUPPORT OF SCO'S CROSS MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order)(Hatch, Brent)

SCO Grp v. Novell Inc

Doc. 182

Case 2:04-cv-00139-DAK-BCW

Document 182

Filed 12/12/2006

Page 1 of 3

Brent O. Hatch (5715) Mark F. James (5295) HATCH, JAMES & DODGE 10 West Broadway, Suite 400 Salt Lake City, Utah 84101 Telephone: [phone] Facsimile: [phone] Stuart H. Singer (admitted pro hac vice) BOIES, SCHILLER & FLEXNER LLP 401 East Las Olas Boulevard--Suite 1200 Ft. Lauderdale, Florida 33301 Telephone: [phone] Facsimile: [phone] Attorneys for The SCO Group, Inc.

Robert Silver (admitted pro hac vice) Edward Normand (admitted pro hac vice) BOIES, SCHILLER & FLEXNER LLP 333 Main Street Armonk, New York 10504 Telephone: [phone] Facsimile: [phone] Stephen N. Zack (admitted pro hac vice) BOIES, SCHILLER & FLEXNER LLP Bank of America Tower--Suite 2800 100 Southeast Second Street Miami, Florida 33131 Telephone: [phone] Facsimile: [phone]

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

THE SCO GROUP, INC. Plaintiff/Counterclaim-Defendant, v. NOVELL, INC., Defendant/Counterclaim-Plaintiff.

SCO'S EX PARTE MOTION FOR LEAVE TO FILE OVERLENGTH MEMORANDUM IN OPPOSITION TO NOVELL'S MOTION FOR PARTIAL SUMMARY JUDGMENT OR PRELIMINARY INJUNCTION AND IN SUPPORT OF SCO'S CROSS MOTION FOR SUMMARY JUDGMENT OR PARTIAL SUMMARY JUDGMENT Case No. 2:04cv139 Honorable Dale A. Kimball Magistrate Judge Brooke C. Wells

Plaintiff/Counterclaim-Defendant The SCO Group ("SCO") hereby moves the Court pursuant to District Court Rule 7-1(e) for an Order granting it leave to file SCO's

Dockets.Justia.com

Case 2:04-cv-00139-DAK-BCW

Document 182

Filed 12/12/2006

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Memorandum in Opposition to Novell's Motion For Partial Summary Judgment or Preliminary Injunction and in Support of SCO's Cross Motion For Summary Judgment or Partial Summary Judgment (the "Memorandum in Opposition") that consists of 54 pages, exclusive of face sheet, table of contents and authorities, appendixes and exhibits. SCO's Motion is made upon the grounds that the Memorandum in Opposition of the indicated length is necessary given the complex nature of the issues raised by Novell's Motion for Partial Summary Judgment or Preliminary Injunction ("Novell's Motion") to the end that an Opposition to Novell's Motion of the same complexity was necessitated. SCO has endeavored to be as concise as possible, but respectfully submits that the excess length is necessary to fully and fairly address the issues being placed before the Court. SCO respectfully requests that it be allowed to file its Memorandum in Opposition containing 54 pages, exclusive of face sheet, table of contents and authorities, appendixes and exhibits. DATED this the 12th day of December, 2006.

HATCH, JAMES & DODGE, P.C. Brent O. Hatch Mark F. James BOIES, SCHILLER & FLEXNER LLP Robert Silver Stuart H. Singer Stephen N. Zack Edward Normand

Case 2:04-cv-00139-DAK-BCW

Document 182

Filed 12/12/2006

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By: /s/ Brent O. Hatch Counsel for The SCO Group, Inc.