SCO Grp v. Novell Inc

Filing 473

ORDER requesting joint statement by parties by December 13, 2007. Signed by Judge Dale A. Kimball on 12-06-07. (sih)

SCO Grp v. Novell Inc

Doc. 473

______________________________________________________________________________ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION

THE SCO GROUP, INC., Plaintiff, ORDER vs. Civil Case No. 2:04CV139DAK NOVELL, INC., Defendant.

On November 27, 2007, Novell Inc. filed a Notice of the Delaware Bankruptcy Court's Memorandum Opinion and Order Granting Novell's Motion for Relief from the Automatic Stay to Proceed with the Lawsuit by Novell, Inc. The court has reviewed the Delaware Bankruptcy Court's decision and will attempt to schedule the trial in this matter as expeditiously as its calendar will allow. To assist in its scheduling of the trial, the court requests that the parties submit a joint statement of their views regarding the appropriate procedures for resolving the issues in this case by no later than December 13, 2007. The court requests that the parties specifically address whether any portion of the case can be resolved through a motion for summary judgment and whether the Delaware Bankruptcy Court's retention of the constructive trust issue will shorten the anticipated length of the trial. Given the present congestion of the court's trial calendar, the length of the trial will significantly impact the date on which the trial can be scheduled. Any other matters that the parties deem appropriate to address in the statement are left to their

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discretion. DATED this 6th day of December, 2007. BY THE COURT:

DALE A. KIMBALL United States District Judge

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