SCO Grp v. Novell Inc

Filing 212

MOTION for Leave to File Over Length Memorandum in Opposition to Novell's Motion for Partial Summary Judgment on its Fourth Counterclaim for Relief, and for SCO's Cross Motion for Summary Judgment filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Hatch, Brent)

SCO Grp v. Novell Inc

Doc. 212

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

Document 212

Filed 01/17/2007

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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.

MOTION FOR LEAVE TO FILE OVER LENGTH MEMORANDUM

Case No. 2:04cv139 NOVELL, INC., Defendant/Counterclaim-Plaintiff. 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 their Memorandum in Opposition to Novell's Motion For Partial Summary Judgment on its

Dockets.Justia.com

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

Document 212

Filed 01/17/2007

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Forth Counterclaim for Relief, and in Support of SCO's Cross Motion for Summary Judgment (the "Memorandum in Opposition") that consists of $$ 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 on its Fourth Counterclaim ("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 80 pages, exclusive of face sheet, table of contents and authorities, appendixes and exhibits.

DATED this the 17th day of January, 2007. HATCH, JAMES & DODGE, P.C. Brent O. Hatch Mark F. James 2

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

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BOIES, SCHILLER & FLEXNER LLP Robert Silver Stuart H. Singer Stephen N. Zack Edward Normand By: /s/ Brent O. Hatch Counsel for The SCO Group, Inc.

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