SCO Grp v. Novell Inc

Filing 625

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

SCO Grp v. Novell Inc

Doc. 625

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. SCO'S SECOND AMENDED SUPPLEMENTAL RULE 26(a)(3) PRETRIAL DISCLOSURES Civil No. 2:04 CV-00139 Judge Ted Stewart

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 Second Amended Supplemental Pretrial Disclosures. 1 1. Rule 26(a)(3)(A)-(B) ­ WITNESSES

SCO discloses the following witnesses it expects to or may present at trial, other than solely for impeachment purposes: (i) the witnesses identified in SCO's Rule 26(a)(3) Pretrial Disclosures filed on August 2, 2007 (Docket No. 370), (ii) any additional witnesses identified in SCO's subsequent amended disclosures (including Docket Nos. 372, 381, 489, 508, and 516), and (iii) the following witnesses: Person Hughes, Erick Johnson, Lee Nagle, Andrew Tibbitts, Ryan Expect/May Call May May May Expect Presented Live or By Deposition Live Live Live Live Contact Information Contact through Boies, Schiller & Flexner LLP 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.

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SCO also reserves the right to call, and hereby discloses as witnesses it may call, all the witnesses identified in Novell's Rule 26 Pretrial Disclosures dated August 2, 2007, and the amendments thereto, and in Novell's Supplemental Rule 26(a)(3) Pretrial Disclosures and any amendments thereto. 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

SCO discloses the following exhibits it expects to or may offer at trial, other than solely for impeachment purposes: (i) the exhibits identified in SCO's Rule 26(a)(3) Pretrial Disclosures filed on August 2, 2007 (Docket No. 370), (ii) any additional exhibits identified in SCO's subsequent amended disclosures (including Docket Nos. 372, 381, 489, 508, and 516), and (iii) the following exhibits:
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 are available
NOV 000002247 NOV 000040893 NOV 000040088 NOV 000040897 SCON0035986 NOV 000002249 NOV 000040896 NOV 000040089 NOV 000040922 SCON0036017 SOW for Licensing and Contract Management Novell Memorandum Novell Memorandum Santa Cruz Guide "IBM, Linux and You" December 5, 1995 September 15, 1995 September 15, 1995

Document Date

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

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Beginning Bates

Ending Bates

Other Document Identifier

Document Date

Exhibit 339 to the 11/16/06 Declaration of Brent O. Hatch in the IBM Litigation Exhibit 340 to the 11/16/06 Declaration of Brent O. Hatch in the IBM Litigation Exhibit 334 to the 11/16/06 Declaration of Brent O. Hatch in the IBM Litigation All declarations the parties have filed in this case and all exhibits to those declarations 5/18/2007 James Decl. Ex. 51, Ex. 1010 to the 2/6/07 Deposition of Chris Stone, and any corresponding video. 5/18/2007 James Decl. Ex. 45 5/18/2007 James Decl. Ex. 44 5/18/2007 James Decl. Ex. 48 5/18/2007 James Decl. Ex. 88 5/18/2007 James Decl. Ex. 79 5/18/2007 James Decl. Ex. 49 5/18/2007 James Decl. Ex. 86 http://www.novell.com/licensing/ntap/l egal.html
NOV 000000373 NOV 000001878 NOV 000001497 NOV 000000373 NOV 000001878 NOV 000001538

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

Letter to X/Open Letter to SunSoft Novell letters to partners

June 19, 1996 May 23, 1996 January 26, 1996

May May May

In addition, SCO reserves the right to offer, and hereby discloses as exhibits it may offer, all the exhibits identified in Novell's Rule 26 Pretrial Disclosures dated August 2, 2007, and the amendments thereto, and in Novell's Supplemental Rule 26(a)(3) Pretrial Disclosures and any amendments thereto.

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DATED this 3rd 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]

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CERTIFICATE OF SERVICE I, Edward Normand, hereby certify that on this 3rd day of February, 2010, a true and correct copy of the foregoing SCO'S SECOND AMENDED 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]

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