SCO Grp v. Novell Inc

Filing 348

MOTION for Leave to File Excess Pages re Docket Entry 346 filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Normand, Edward)

SCO Grp v. Novell Inc

Doc. 348

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

Document 348

Filed 05/29/2007

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] 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]

David Boies (admitted pro hac vice) 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]

Devan V. Padmanabhan (admitted pro hac vice) DORSEY & WHITNEY LLP 50 South Sixth Street, Suite 1500 Minneapolis, Minnesota 55402 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, The SCO Group, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

THE SCO GROUP, INC. Plaintiff/Counterclaim-Defendant, v. NOVELL, INC., Defendant/Counterclaim-Plaintiff.

SCO'S EX PARTE MOTION FOR LEAVE TO FILE ITS REPLY MEMORANDUM IN FURTHER SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGMENT ON ITS FIRST, SECOND, AND FIFTH CAUSES OF ACTION AND FOR SUMMARY JUDGMENT ON NOVELL'S FIRST COUNTERCLAIM Case No. 2:04cv139 Honorable Dale A. Kimball Magistrate Judge Brooke C. Wells

Dockets.Justia.com

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

Document 348

Filed 05/29/2007

Page 2 of 3

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 SCO's Reply Memorandum in Further Support of its Motion for Partial Summary Judgment on its First, Second, and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim (the "Reply Memorandum") that consists of 48 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 by Novell's Opposition to SCO's Motion for Partial Summary Judgment on SCO's First, Second, and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim (the "Opposition") to the end that a Reply to Novell's Opposition 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 Reply Memorandum containing 48 pages, exclusive of face sheet, table of contents and authorities, appendixes and exhibits.

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

Document 348

Filed 05/29/2007

Page 3 of 3

DATED this the 29th day of May, 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/ Edward Normand Counsel for The SCO Group, Inc.