SCO Grp v. Novell Inc

Filing 197

Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages (Overlength Reply to SCO's Opposition to Novell's Motion for Partial Summary Judgment or Preliminary Injunction) filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)

Case 2:04-cv-00139-DAK-BCW
SCO Grp v. Novell Inc

Document 197

Filed 01/08/2007

Page 1 of 3

Doc. 19

MORRISON & FOERSTER LLP Michael A. Jacobs (pro hac vice) Kenneth W. Brakebill (pro hac vice) Maame A.F. Ewusi-Mensah (pro hac vice) 425 Market Street San Francisco, CA 94105-2482 Telephone: [phone] Facsimile: [phone] ANDERSON & KARRENBERG Thomas R. Karrenberg, #3726 John P. Mullen, #4097 Heather M. Sneddon, #9520 700 Chase Tower 50 West Broadway Salt Lake City, UT 84101 Telephone: [phone] Facsimile: [phone] Attorneys for Novell, Inc.

IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION THE SCO GROUP, INC., a Delaware corporation, Plaintiff and CounterclaimDefendant, v s. NOVELL, INC., a Delaware corporation, Defendant and CounterclaimPlaintiff. Case No. 2:04CV00139 Judge Dale A. Kimball

NOVELL INC.'S EX PARTE MOTION FOR LEAVE TO FILE AN OVERLENGTH REPLY MEMORANDUM

Defendant and Counterclaim-Plaintiff Novell, Inc., through its attorneys of record, and pursuant to DuCivR 7-1(e), hereby moves the Court for an order granting it leave to file a reply memorandum in support of Novell's Motion for Partial Summary Judgment or Preliminary Injunction ("Motion") that exceeds the page limitations of DuCivR 56-1(b). Novell requests that

Dockets.Justia.com

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

Document 197

Filed 01/08/2007

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it be allowed to file a reply that does not exceed sixteen pages, exclusive of face sheet, table of contents, table of authorities, statement of issues and summary of argument. Novell requires an extension of the page limitations specified in DuCivR 56-1(b) due to the length and breadth of the single overlength memorandum filed by Plaintiff and Counterclaim-Defendant The SCO Group, Inc. ("SCO"), both in response to Novell's Motion and in support of SCO's cross-motion for summary judgment ("SCO's Memorandum"). SCO's Memorandum is approximately 72 pages long, consisting of over 30 pages of argument. Further, SCO submitted the Declaration of Brent O. Hatch in connection with its Memorandum, attaching 46 exhibits totaling hundreds of pages. Novell has endeavored to be as concise as possible in drafting its arguments contained in Novell's Reply to SCO's Opposition to Novell's Motion for Partial Summary Judgment or Preliminary Injunction, but to adequately apprise the Court of SCO's significant concessions in its Memorandum, its fiduciary remittance obligations to Novell under the unambiguous language of the APA and the Sun and Microsoft Agreements, why those agreements are not reasonably susceptible to SCO's interpretations, and why SCO cannot overcome Novell's strong likelihood of success on the merits by interjecting its stayed copying infringement claim into the preliminary injunction analysis, a repl y consisting of approximately sixteen pages, exclusive of face sheet, table of contents, table of authorities, statement of issues and summary of argument, is necessary. For the foregoing reasons, Novell submits that good cause and exceptional circumstances exist for the filing of an overlength repl y, and respectfully requests that it be granted leave to file

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

Document 197

Filed 01/08/2007

Page 3 of 3

the requested Repl y to SCO's Opposition to Novell's Motion for Partial Summary Judgment or Preliminary Injunction. DATED: January 8, 2007 ANDERSON & KARRENBERG /s/ Heather M. Sneddon Thomas R. Karrenberg John P. Mullen Heather M. Sneddon -andMORRISON & FOERSTER LLP Michael A. Jacobs (pro hac vice) Kenneth W. Brakebill (pro hac vice) Attorneys for Novell, Inc.

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