SCO Grp v. Novell Inc

Filing 248

MOTION for Leave to File Excess Pages filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(James, Mark)

SCO Grp v. Novell Inc

Doc. 248

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

Document 248

Filed 03/16/2007

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] Edward Normand (admitted pro hac vice) BOIES, SCHILLER & FLEXNER LLP 333 Main Street Armonk, New York 10504 Telephone: [phone] Facsimile: [phone] Attorneys for The SCO Group, Inc.

Robert Silver (admitted pro hac vice) 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] 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.

EX PARTE MOTION FOR LEAVE TO FILE SCO'S OVER LENGTH REPLY MEMORANDUM IN SUPPORT OF ITS CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT ON NOVELL'S FOURTH COUNTERCLAIM 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 SCO leave to file its over length

Dockets.Justia.com

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

Document 248

Filed 03/16/2007

Page 2 of 3

Reply Memorandum in Support of its Cross Motion for Partial Summary Judgment on Novell's Fourth Counterclaim (the "Reply Memorandum") that consists of 20 pages, exclusive of face sheet, table of contents and authorities, appendixes and exhibits. SCO's Motion is made upon the grounds that the Reply Memorandum of the indicated length is necessary given the complex nature of the issues raised. 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 Reply Memorandum containing 20 pages, exclusive of face sheet, table of contents and authorities, appendixes and exhibits. DATED this the 16th day of March, 2007.

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 By: /s/ Mark F. James ______________ Counsel for The SCO Group, Inc.

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

Document 248

Filed 03/16/2007

Page 3 of 3

CERTIFICATE OF SERVICE Plaintiff/Counterclaim-Defendant, The SCO Group, Inc., hereby certifies that a true and correct copy of the foregoing EX PARTE MOTION FOR LEAVE TO FILE SCO'S OVER LENGTH REPLY MEMORANDUM IN SUPPORT OF ITS CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT ON NOVELL'S FOURTH COUNTERCLAIM was served on Defendant/Counterclaim-Plaintiff, Novell, Inc., on this 16th Day of March, 2007, via CM/ECF to the following:

Thomas R. Karrenberg John P. Mullen Heather M. Sneddon ANDERSON & KARRENBERG 70 Bank One Tower 50 West Broadway Salt Lake City, Utah 84101 Michael A. Jacobs Matthew I. Kreeger MORRISON & FOERSTER 425 Market Street San Francisco, CA 94105-2482

By:______/s/Mark F. James__________________

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