SCO Grp v. Novell Inc

Filing 655

MOTION for Daubert Hearing to Disqualify Dr. Christine A. Botosan filed by Defendant Novell, Inc.. (Attachments: # 1 Text of Proposed Order)(Brennan, Sterling)

SCO Grp v. Novell Inc

Doc. 655 Att. 1

WORKMAN | NYDEGGER A PROFESSIONAL CORPORATION Sterling A. Brennan (Utah State Bar No. 10060; E-mail: [e-mail]) David R. Wright (Utah State Bar No. 5164: E-mail: [e-mail]) Kirk R. Harris (Utah State Bar No. 10221; E-mail: [e-mail]) Cara J. Baldwin (Utah State Bar No. 11863; E-mail: [e-mail]) 1000 Eagle Gate Tower 60 E. South Temple Salt Lake City, Utah 84111 Telephone: [phone] Facsimile: [phone] MORRISON & FOERSTER LLP Michael A. Jacobs (Admitted Pro Hac Vice; E-mail: [e-mail]) Eric M. Acker (Admitted Pro Hac Vice; E-mail: [e-mail]) Grant L. Kim (Admitted Pro Hac Vice; E-Mail: [e-mail]) 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaim-Plaintiff Novell, Inc.

IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION THE SCO GROUP, INC., a Delaware corporation, Plaintiff, vs. NOVELL, INC., a Delaware corporation, Defendant. AND RELATED COUNTERCLAIMS. Case No. 2:04CV00139 [PROPOSED ORDER] ORDER GRANTING NOVELL, INC.'S DAUBERT MOTION TO DISQUALIFY CHRISTINE A. BOTOSAN Judge Ted Stewart

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Dockets.Justia.com

This matter is before the Court on "Novell, Inc.'s Daubert Motion to Disqualify Christine A. Botosan" (the "Motion"), filed in behalf of Defendant and counterclaim-Plaintiff Novell, Inc. ("Novell") in the above-captioned action. The Court, having considered the arguments and submissions of the parties in connection with the Motion, and being fully advised in the premises, GRANTS the Motion, and finds and orders as follows: FINDINGS 1. Dr. Botosan's proposed opinion testimony regarding the quantification of damages is inadmissible under Federal Rule of Evidence ("Rule") 702 because: a. It is impermissibly based on inadmissible opinion hearsay; b. It is not based on sufficient facts or data; and c. It is not the product of reliable principles or methods. 2. Dr. Botosan's proposed testimony regarding her event study is inadmissible: a. Under Rules 402 and 702, because a decline in stock price is not a proper measure of damages in this case; b. Under Rule 403, because its admission is likely to cause confusion and mislead the jury regarding causation and damages; and c. Under Rule 702, because the adjusted R2 and P-values for the underlying regression analysis (0.002639 and 0.084062, respectively) demonstrate that the study is not the product of reliable principles and methods. 3. Dr. Botosan's proposed opinion testimony regarding causation is inadmissible under Rule 702 because: a. The event study on which she bases her opinion is itself based on a statistically invalid model and a statistically insignificant regression;

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b. The opinion is derived by logically invalid reasoning; and c. The opinion is based on insufficient facts and data. 4. Based on the foregoing findings, the Court further finds that Dr. Botosan's report is inadmissible. ORDER Novell Inc.'s Daubert Motion to Disqualify Christine A. Botosan is GRANTED. Dr. Botosan's testimony and expert reports will be precluded from presentation at trial and Dr. Botosan will not be permitted to testify. Dated: ____________________ __________________________________ Hon. Ted Stewart United States District Court Judge

Respectfully Submitted By:

WORKMANNYDEGGER A PROFESSIONAL CORPORATION
MORRISON & FOERSTER LLP By: /s/ Sterling A. Brennan Sterling A. Brennan Attorneys for Defendant Novell, Inc.

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