SCO Grp v. Novell Inc

Filing 623

Proposed Exhibit List and Witness List (Supplemental Rule 26(a)(3) Disclosures) by Plaintiff SCO Group.. (Normand, Edward)

SCO Grp v. Novell Inc

Doc. 623

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) Sashi Bach Boruchow (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., by and through the Chapter 11 Trustee in Bankruptcy, Edward N. Cahn, Plaintiff/Counterclaim-Defendant, vs. NOVELL, INC., a Delaware corporation, Defendant/Counterclaim-Plaintiff. Judge Ted Stewart SCO'S SUPPLEMENTAL RULE 26(a)(3) PRETRIAL DISCLOSURES Civil No. 2:04 CV-00139

Dockets.Justia.com

In accordance with Rule 26(a)(3) of the Federal Rules of Civil Procedure, and pursuant to the Court's Amended Scheduling Order dated January 6, 2010, Plaintiff, The SCO Group, Inc. ("SCO"), respectfully submits to the Court and provides to Defendant, Novell, Inc. ("Novell"), SCO's Supplemental Pretrial Disclosures supplementing the disclosures SCO made in its Amended Rule 26(a)(3) Pretrial Disclosures filed on August 6, 2007. 1 1. Rule 26(a)(3)(A)-(B) ­ WITNESSES

The following chart contains the names and contact information for witnesses SCO expects to present or may present at trial in addition to the witnesses SCO previously disclosed in its Amended Rule 26(a)(3) Pretrial Disclosures filed on August 6, 2007.

Person Hughes, Erick Nagle, Andrew Tibbitts, Ryan

Expect/May Call May May Expect

Presented Live or By Deposition Live Live Live

Contact Information Contact through Boies, Schiller & Flexner LLP Contact through Boies, Schiller & Flexner LLP Contact through Boies, Schiller & Flexner LLP

In a letter dated June 28, 2007, SCO's counsel informed Novell's counsel that Novell has waived the attorney-client privilege with respect to many documents listed on Novell's privilege logs, including documents that Novell produced in redacted form and documents that Novell has withheld entirely. With respect to most of these documents, the parties appear to be in disagreement as to whether there has been any waiver and, if so, the extent of its scope and the potential relevance of the referenced documents, but the parties are continuing to meet and confer on the issue. SCO reserves the right to supplement the information provided in its Pretrial Disclosures with any additional documents that Novell has improperly redacted or withheld based on its privilege objection, as well as with the names and contact information of any other witnesses identified through any such documents.

1

SCO also reserves the right to call, and hereby discloses as witnesses it may call, all the witnesses Novell identifies in its Rule 23(a) Pretrial Disclosures dated August 2, 2007, its Supplemental Pretrial Disclosures, and any amendments to those Disclosures. In addition, SCO reserves the right to present by deposition all the witnesses it has designated as "live" witnesses, and to present live all the witnesses it has designated as "deposition" witnesses. 2. Rule 26(a)(3)(C) ­ EXHIBITS

The following chart identifies exhibits SCO expects to offer or may offer at trial in addition to the exhibits SCO previously disclosed in its Amended Rule 26(a)(3) Pretrial Disclosures filed on August 6, 2007.

Beginning Bates

Ending Bates

Other Document Identifier Novell's interrogatory responses in this case Novell's 2009 Annual Report (Form 10-K) Novell's 2009 Quarterly Reports (Form 10-Q) Novell's 2010 Quarterly Reports (Form 10-Q), if any available Statement of Work Statement of Work Statement of Work Statement of Work Statement of Work
SOW for Licensing and Contract Management SCO Forum 2003 SCOsource Update SCOsource Press Release Deposition Ex. 0213 Deposition Ex. 1041

Document Date

Expect to Offer/May Offer May May May May

NOV 000002356 NOV 000002695 NOV 000015338 NOV 000015469 SCO1592051
NOV 000002247 NOV 000012724 SCO1270120 NOV 000039578 NOV 000039586

NOV 000002360 NOV 000002700 NOV 000015342 NOV 000015474 SCO1592056
NOV 000002249 NOV 000012750 SCO1270123 NOV 000039578 NOV 000039586

November 16, 1995 November 16, 1995 November 16, 1995 November 16, 1995 November 16, 1995
December 5, 1995 August 2003 December 11, 2002 November 20, 2002 November 15, 2002

May May May May May May May May May May

2

Beginning Bates
NOV 000039579 NOV 000039591 SCO1275727 SCO0976646 SCON0101724 NOV 000040893 NOV 000040088 NOV 000040897 NOV 000040967 SCON0035986 181011191

Ending Bates
NOV 000039580 NOV 000039592 SCO1275746 SCO0976647 SCON0101724 NOV 000040896 NOV 000040089 NOV 000040922 NOV 000040968 SCON0036017 181011221

Other Document Identifier
Deposition Ex. 1044 Email from G. Jones to D. Wright SCOsource Announcement Letter from Novell to AT&T Global Letter from Novell to SunSoft Novell Memorandum Novell Memorandum Santa Cruz Guide BPH Letter "IBM, Linux and You" "IBM, Linux and You" Exhibit 339 to the November 16, 2006 Declaration of Brent O. Hatch in the IBM Litigation Exhibit 340 to the November 16, 2006 Declaration of Brent O. Hatch in the IBM Litigation Exhibit 334 to the November 16, 2006 Declaration of Brent O. Hatch in the IBM Litigation All declarations the parties have filed in this case and all exhibits to those declarations Novell letter to Prentice-Hall Novell letter to Microsoft

Document Date
December 4, 2002 November 22, 2002

Expect to Offer/May Offer May May May May May May May May May May May May

July 10, 1995 May 23, 1996 September 15, 1995 September 15, 1995 May 1, 1996

May May May
March 25, 1996 January 22, 1996

NOV 000001813 SCO1185841

NOV 000001818 SCO1185842

May May

In addition, SCO reserves the right to offer, and hereby discloses as documents it may offer, all the exhibits Novell identifies in its Rule 23(a) Pretrial Disclosures dated August 2, 2007, its Supplemental Pretrial Disclosures, and any amendments to those Disclosures.

3

DATED this 1st day of February, 2010.

HATCH, JAMES & DODGE, P.C. Brent O. Hatch Mark F. James BOIES, SCHILLER & FLEXNER LLP David Boies Robert Silver Stuart H. Singer Edward Normand Sashi Bach Boruchow DORSEY & WHITNEY LLP Devan V. Padmanabhan Counsel for The SCO Group, Inc. By: ___/s/ Edward Normand________ Edward Normand Boies, Schiller & Flexner LLP 333 Main Street Armonk, NY 10504 Telephone: [phone] Facsimile: 914-749-8300 [e-mail]

4

CERTIFICATE OF SERVICE I, Edward Normand, hereby certify that on this 1st day of February, 2010, a true and correct copy of the foregoing SCO'S SUPPLEMENTAL RULE 26(a)(3) PRETRIAL DISCLOSURES was filed with the court and served via electronic mail to the following recipients: Sterling A. Brennan David R. Wright Kirk R. Harris Cara J. Baldwin WORKMAN | NYDEGGER 1000 Eagle Gate Tower 60 East South Temple Salt Lake City, UT 84111 Thomas R. Karrenberg Heather M. Sneddon ANDERSON & KARRENBERG 700 Bank One Tower 50 West Broadway Salt Lake City, UT 84101 Michael A. Jacobs Eric M. Aker Grant L. Kim MORRISON & FOERSTER 425 Market Street San Francisco, CA 94105-2482 Counsel for Defendant and Counterclaim-Plaintiff Novell, Inc. /s/ Edward Normand Edward Normand Boies, Schiller & Flexner LLP 333 Main Street Armonk, NY 10504 Telephone: [phone] Facsimile: 914-749-8300 [e-mail]

5