SCO Grp v. Novell Inc

Filing 444

Plaintiff's MOTION for Leave to File Excess Pages re: SCO's Reply Memorandum In Further Support of SCO's Motion in Limine Regarding Apportionment of 2003 Microsoft and Sun Agreements 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. 444

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

Document 444

Filed 09/04/2007

Page 1 of 4

Brent O. Hatch (5715) Mark F. James (5295) HATCH, JAMES & DODGE, PC 10 West Broadway, Suite 400 Salt Lake City, Utah 84101 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] Devan V. Padmanabhan (admitted pro hac vice) DORSEY & WHITNEY LLP 50 South Sixth Street, Suite 1500 Minneapolis, Minnesota 55402 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] Stuart Singer (admitted pro hac vice) BOIES, SCHILLER & FLEXNER LLP 401 East Las Olas Blvd. Suite 1200 Fort Lauderdale, FL 33301 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., a Delaware corporation, Plaintiff/Counterclaim-Defendant, vs. NOVELL, INC., a Delaware corporation, Defendant/Counterclaim-Plaintiff.

SCO'S EX PARTE MOTION FOR LEAVE TO FILE ITS REPLY MEMORANDUM IN FURTHER SUPPORT OF SCO'S MOTION IN LIMINE REGARDING APPORTIONMENT OF THE MICROSOFT AND SUN AGREEMENTS Civil No.: 2:04CV00139 Judge Dale A. Kimball Magistrate Brooke C. Wells

Dockets.Justia.com

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

Document 444

Filed 09/04/2007

Page 2 of 4

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 its over-length Reply Memorandum in Further Support of SCO's Motion in Limine Regarding Apportionment of the Microsoft and Sun Agreements (the "Apportionment Reply Memorandum") that consists of 12 pages, exclusive of face sheet, tables of contents and authorities, appendixes and exhibits. SCO's Motion is made upon the grounds that the Opposition Memorandum of the indicated length is necessary given the complex nature of the issues raised by Novell's Opposition to SCO's Motion in Limine Regarding Apportionment of Microsoft and Sun SCOSource Licenses Filed August 31, 2007 (the "Apportionment Opposition") to the end that a Reply to Novell's Apportionment 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 Apportionment Reply Memorandum containing 12 pages, exclusive of face sheet, tables of contents and authorities, appendixes and exhibits.

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

Document 444

Filed 09/04/2007

Page 3 of 4

DATED this 4th day of September, 2007. HATCH, JAMES & DODGE, P.C. Brent O. Hatch Mark F. James BOIES, SCHILLER & FLEXNER LLP David Boies Robert Silver Stuart H. Singer Stephen N. Zack Edward Normand DORSEY & WHITNEY LLP Devan V. Padmanabhan Counsel for The SCO Group, Inc. By: /s/ Edward Normand

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

Document 444

Filed 09/04/2007

Page 4 of 4

CERTIFICATE OF SERVICE Plaintiff, The SCO Group, Inc., hereby certifies that a true and correct copy of the foregoing was served on Defendant, Novell, Inc., on this 4th day of September, 2007, via CM/ECF to the following: Thomas R. Karrenberg John P. Mullen Heather M. Sneddon ANDERSON & KARRENBERG 700 Bank One Tower 50 West Broadway Salt Lake City, UT 84101 Michael A. Jacobs Matthew I. Kreeger Kenneth W. Brakebill MORRISON & FOERSTER 425 Market Street San Francisco, CA 94105-248

/s/ Edward Normand