SCO Grp v. Novell Inc

Filing 270

ORDER granting 268 Motion for Protective Order - SECOND STIPULATED ADDENDUM TO PROTECTIVE ORDER. Signed by Judge Dale A. Kimball on 4/20/07. (blk)

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SCO Grp v. Novell Inc Doc. 270 Case 2:04-cv-00139-DAK-BCW Document 270 Filed 04/20/2007 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 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. SECOND STIPULATED ADDENDUM TO PROTECTIVE ORDER Case No. 2:04CV00139 Judge Dale A. Kimball Case 2:04-cv-00139-DAK-BCW Document 270 Filed 04/20/2007 Page 2 of 3 WHEREAS, on August 1, 2006, this Court entered a Stipulated Protective Order ("Protective Order"); WHEREAS, Novell, Inc. has requested that third-party CA, Inc. (formerly Computer Associates International) produce documents in response to a subpoena issued on February 1, 2007; WHEREAS, CA, Inc. will consent to such production provided the parties execute an addendum to the Protective Order allowing for the designation of CA, Inc.'s confidential and proprietary 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: CA, Inc. may designate as Outside Counsels' Eyes Only those documents that could otherwise have been designated as Confidential under the Protective Order. 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." Case 2:04-cv-00139-DAK-BCW Document 270 Filed 04/20/2007 Page 3 of 3 STIPULATION Dated: April 19, 2007 BOIES, SCHILLER & FLEXNER LLP By: /s/ Edward J. Normand (Signed copy of document bearing signature of Edward J. Normand is being maintained in the office of filing attorney) 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: April 20, 2007 Hon. Dale A. Kimball United States District Court Judge

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