SCO Grp v. Novell Inc

Filing 603

AFFIDAVIT of Brent O. Hatch in Support re 602 Response (NOT to motion) filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hatch, Brent)

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] Attorneys for Plaintiff, The SCO Group, Inc.

Devan V. Padmanabhan (admitted pro hac vice) DORSEY & WHITNEY LLP 50 south Sixth Street, Suite 1500 Minneapolis, Minnesota 55402 Telephone: [phone] Facsimile: [phone] Stuart Singer (admitted pro hac vice) BOIES SCHILLER & FLEXNER LLP 401 East Las Olas Blvd. Suite 1200 Fort Lauderdale, Florida 33301 Telephone: [phone] Facsimile: [phone]

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH THE SCO GROUP, INC., a Delaware corporation, Plaintiff/Counterclaim-Defendant, vs. Civil No. 2:04 CV-00139 NOVELL, INC., a Delaware corporation, Defendant/Counterclaim-Plaintiff. Judge Ted Stewart DECLARATION OF BRENT O. HATCH IN SUPPORT OF SCO'S RESPONSE TO NOVELL'S "NOTICE OF RELATED PROCEEDING"

I, Brent O. Hatch, declare as follows: 1. I am a citizen of the United States, am over the age of 21, and am competent to

testify to the matters set forth herein. 2. I am an attorney at law duly licensed to practice before all the Courts of the State

of Utah, and an attorney with the firm of Hatch, James & Dodge PC, counsel for the Plaintiff/Counterclaim-Defendant, The SCO Group, Inc., in the pending motion. 3. documents: EXHIBIT A DOCUMENT DESCRIPTION October 23, 2009 Transcript of hearing held in the United States Bankruptcy Court for the District of Delaware, case number 07-11337 (KG), In re The SCO Group, Inc. et al. SUSE's Motion for Relief from the Automatic Stay to Complete International Arbitration dated November 10, 2009, filed in the United States Bankruptcy Court for the District of Delaware, case number 07-11337 (KG), In re The SCO Group, Inc. et al. Order re Pretrial Schedule dated July 11, 2007, filed in the underlying action. Order Regarding Temporary Administrative Closure of Case dated September 20, 200,7 filed in the United States District Court for the District of Utah, case number 2:03CV294 DAK, The SCO Group, Inc. v. International Business Machines Corporation. November 18, 2009 Declaration of Edward N. Cahn. Novell, Inc.'s Motion for Relief from the Automatic Stay to Proceed with District Court Action to (I) Apportion Revenue from ScoSource Licenses and (II) Determine SCO's Authority to Enter into ScoSource Licenses, Etc., dated October 4, 2007, filed in the United States Bankruptcy Court for the District of Delaware, case number 07-11337 (KG), In re The SCO Group, Inc. et al. Novell, Inc.'s Reply to Debtors' Response to Motion for Relief from the Automatic Stay to Proceed with District Court Action to (I) Apportion Revenue from ScoSource Licenses and (II) Determine SCO's Authority to Enter into Attached as hereto and filed herewith are true and correct copies of the following

B

C D

E F

G

2

EXHIBIT

DOCUMENT DESCRIPTION ScoSource Licenses, Etc., dated November 1, 2007, filed in the United States Bankruptcy Court for the District of Delaware, case number 07-11337 (KG), In re The SCO Group, Inc. et al.

4.

I declare under penalty of perjury that the foregoing is true and correct.

Dated this 24th day of November, 2009. /s/ Brent O. Hatch Brent O. Hatch

3

CERTIFICATE OF SERVICE Plaintiff/Counterclaim-Defendant, The SCO Group, Inc., hereby certifies that on this 24th day of November, 2009, a true and correct copy of the foregoing was filed with the court and served via CM/ECF to the following recipients: Thomas R. Karrenberg Heather M. Sneddon ANDERSON & KARRENBERG 700 Bank One Tower 50 West Broadway Salt Lake City, UT 84101 Michael A. Jacobs George C. Harris David E. Melaugh MORRISON & FOERSTER 425 Market Street San Francisco, CA 94105-2482 Counsel for Defendant and Counterclaim-Plaintiff Novell, Inc.

/s/ Brent O. Hatch Brent O. Hatch

4