SCO Grp v. Novell Inc

Filing 744

OBJECTIONS to Novell's Rule 26(a)(3) Disclosures filed by Plaintiff SCO Group. (Attachments: # 1 Exhibit A)(Hatch, Brent)

Brent O. Hatch (5715) [e-mail] Mark F. James (5295) [e-mail] HATCH, JAMES & DODGE, PC 10 West Broadway, Suite 400 Salt Lake City, Utah 84101 Telephone: [phone] Facsimile: [phone] David Boies (admitted pro hac vice) [e-mail] Robert Silver (admitted pro hac vice) [e-mail] Edward Normand (admitted pro hac vice) [e-mail] BOIES SCHILLER & FLEXNER LLP 333 Main Street Armonk, New York 10504 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff, The SCO Group, Inc.

Stuart Singer (admitted pro hac vice) [e-mail] Sashi Bach Boruchow (admitted pro hac vice) [e-mail] 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 OBJECTIONS TO NOVELL'S RULE 26(a)(3) PRETRIAL DISCLOSURES Civil No. 2:04 CV-00139 Judge Ted Stewart

Pursuant to Federal Rule of Civil Procedure 26(a)(3), Plaintiff-counterclaim/defendant, The SCO Group, Inc. (SCO), by and through the Chapter 11 Trustee in Bankruptcy, Edward N. Cahn, respectfully submits its objections to the trial exhibits disclosed by Defendantcounterclaim/plaintiff Novell, Inc. (Novell) The list of objections is attached hereto as Exhibit A. SCO reserves the right to amend these objections, including by modifying any objection or non-objection found herein, in light of the issues presented by the manner in which Novell identified its disclosures through inconsistent Bates ranges and Bates numbering that does not correspond to production documents. In addition, SCO was unable to find the documents identified in Exhibit A by an asterisk. SCO reserves the right to object to those exhibits.

DATED this 1st day of March, 2010.

By: /s/ Brent O. Hatch ______ 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 Counsel for The SCO Group, Inc.

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CERTIFICATE OF SERVICE I, Brent O. Hatch, hereby certify that on this 1st day of March, 2010, a true and correct copy of the foregoing SCO'S OBJECTIONS TO NOVELL'S RULE 26(a)(3) 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. By: /s/ Brent O. Hatch HATCH, JAMES & DODGE, P.C. Brent O. Hatch

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