SCO Grp v. Novell Inc

Filing 254

Stipulated MOTION for Protective Order (Entry of Stipulated Addendum) filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Sneddon, Heather)

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SCO Grp v. Novell Inc Doc. 254 Att. 1 Case 2:04-cv-00139-DAK-BCW Document 254-2 Filed 03/26/2007 Page 1 of 3 MORRISON & FOERSTER LLP Michael A. Jacobs (pro hac vice) Kenneth W. Brakebill (pro hac vice) 425 Market Street San Francisco, CA 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 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: (801) 534-1700 Facsimile: (801) 364-7697 Attorneys for Defendant/Counterclaim-Plaintiff Novell, Inc. IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION THE SCO GROUP, INC., a Delaware corporation, Plaintiff/Counterclaim-Defendant, vs. NOVELL, INC., a Delaware corporation, Defendant/Counterclaim-Plaintiff. STIPULATED ADDENDUM TO PROTECTIVE ORDER Case No. 2:04CV00139 Judge Dale A. Kimball Case 2:04-cv-00139-DAK-BCW Document 254-2 Filed 03/26/2007 Page 2 of 3 WHEREAS, on August 1, 2006, this Court entered a Stipulated Protective Order ("Protective Order"); WHEREAS, Novell has requested that SCO produce in this litigation certain confidential financial information produced by IBM in SCO v. IBM, Case No. 03-0294 DAK-BCW; WHEREAS, SCO has agreed to produce this material if IBM consents; WHEREAS, IBM will consent to such production provided the parties execute an addendum to the Protective Order allowing for the designation of IBM's confidential financial material as Outside Counsels' Eyes Only; IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff/CounterclaimDefendant The SCO Group, Inc. and Defendant/Counterclaim-Plaintiff Novell, Inc. that the Protective Order shall be amended as follows, subject to the approval of the Court: IBM may designate material as Outside Counsels' Eyes Only. Such material is entitled to the protections afforded by the Protective Order to the parties' Confidential material, with the following modifications: i. "In-house counsel" is excised from the persons to whom disclosure is permitted under Protective Order paragraph 4(a). ii. Disclosure is not permitted to the persons described in Protective Order paragraph 4(b). iii. The Protective Order paragraph 8(a) designation for Outside Counsels' Eyes Only material shall be "Confidential - OUTSIDE COUNSELS' EYES ONLY Subject to Protective Order, SCO v. Novell, Civil Case No. 2:04CV00139 DAK." 1 Case 2:04-cv-00139-DAK-BCW Document 254-2 Filed 03/26/2007 Page 3 of 3 iv. These additional protections shall apply only to Novell. The protections applicable to SCO are those set forth in the September 16, 2003 Stipulated Protective Order entered in SCO v. IBM. STIPULATION Dated: March 26, 2007 HATCH, JAMES & DODGE, P.C. By: /s/ Brent O. Hatch Signed by filing attorney with permission from Brent O. Hatch Attorneys for The SCO Group, Inc. 10 West Broadway, Suite 400 Salt Lake City, UT 84101 ANDERSON & KARRENBERG By: /s/ Heather M. Sneddon Attorneys for Novell, Inc. 700 Chase Tower 50 West Broadway Salt Lake City, UT 84101 ORDER DATED: Hon. Dale A. Kimball United States District Court Judge 2

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