SCO Grp v. Novell Inc

Filing 753

Proposed Voir Dire by Plaintiff SCO Group, Defendant Novell, Inc.. (Hatch, Brent)

SCO Grp v. Novell Inc

Doc. 753

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. JOINT PROPOSED VOIR DIRE QUESTIONS Civil No. 2:04 CV-00139 Judge Ted Stewart

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The parties jointly submit this set of Joint Proposed Voir Dire Questions, to be considered in lieu of the questions previously submitted separately. PROPOSED VOIR DIRE QUESTIONS 1. 2. 3.

Have you ever had someone accuse you of writing or saying something inaccurate about someone else? Have you been accused of taking credit for an idea that was not your own? Do you have any experience drafting or negotiating contracts? Have you ever worked as a manager or supervisor?

4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.

Have you ever worked in commission sales? Have you ever worked for a company that has been sued? Have you or someone in your immediate family worked for a computer company or a computer software company? Do you have strong opinions of computer companies such as Novell, IBM, Microsoft, and Sun? Have you ever used a computer operating system called UNIX or Linux? Do you like to keep up with news in the computer/technology sector? Have you ever seen, read, or heard anything about disputes related to software such as UNIX and Linux? Do you have any familiarity with "open source" software? Do you know what Linux is? Have you or a member of your immediate family been sued? Have you ever worked for a large corporation? Do you have any work experience or special training in software development or sales? Do you or any members of your immediate family own stock in SCO, Novell, or IBM?

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18. 19. 20.

Do you or any members of your immediate family own stock in Red Hat, SuSE Linux, or any other company involved with Linux? Would any of you be unduly burdened with financial, business, or family problems if the trial of this case lasts as many as 15 trial days? Based on what we have described so far, do you or any of your close friends or relatives work or have any business connection with any of the parties to this action or think that you know anything about this case or the parties, The SCO Group and Novell? Have any of you ever served as a juror before? If yes: a. In what kind of case? b. What was the outcome?

21.

22.

Have you ever been involved in a lawsuit? If yes: a. In what kind of case? b. What was the outcome?

23.

Have any of you ever been personally involved in a breach of contract dispute? If yes: a. What was the dispute? b. Were you accused of breach of contract or did you accuse another person or entity of breach of contract? c. Was a court action filed? d. What was the outcome?

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24.

Have any of you ever specifically negotiated the terms of a written contract? If yes: a. What was the contract? b. Did you retain legal counsel for the negotiations?

25.

Have any of you ever worked for a company that has been involved in a breach of contract lawsuit? If yes: a. What was the outcome? b. How did you feel about the outcome?

26. 27.

In connection with your employment, do you have anything to do with the adjustment of claims or the settlement of claims for damages? Have you or any member of your immediate family ever had a claim against anyone for damages? (If so, what kind of claim? What did it involve? Was this claim compromised or settled out of court, or did the matter go to trial? Would that fact influence you in any way in reaching a verdict in this case? Were you satisfied with the outcome of this claim?) Has anyone ever had a claim for damages against you or a member of your immediate family? (If so, what kind of claim? What did it involve? Was this claim compromised or settled out of court, or did the matter go to trial? Would that fact influence you in any way in reaching a verdict in this case? Were you satisfied with the outcome of this claim?) Do you know any of the following persons who may be called to testify in this case? [Read Witness Lists]

28.

29.

30.

Do you know, or have you had any dealings with, any of the following companies or businesses? [Read List of Businesses Likely to Be Mentioned During the Trial] If so, describe your connection or affiliation with any of these companies or businesses. Do you regularly read computer- or technology-oriented magazines?

31. 32.

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33. 34. 35. 36. 37.

Are you familiar with operating systems, such as Microsoft DOS or Windows or Apple operating systems? Are you familiar with other operating systems, such as Netware, UNIX, or Unixware? Do you, or anyone in your family or any of your close friends, work for or in close contact with the accounting or financial forecasting industry? Do you, or anyone in your family or any of your close friends, work for or in close contact with law firms or the legal system? Do you, or anyone in your family or any of your close friends, work for companies involved in licensing intellectual property or software? a. If yes, please describe that work experience.

38. 39. 40. 41.

Have you, or anyone in your family or any of your close friends, been negatively impacted by the recent economic downturn? Do you, or anyone in your family or any of your close friends, maintain a weblog, or blog? Have you, or anyone in your family or any of your close friends, ever filed a copyright registration with the United States Copyright Office? Have you, or anyone in your family or any of your close friends, ever been involved in the sale of a business or assets of a business? a. If yes: i. When? ii. What was the nature of business? iii. Describe your involvement. iv. Did any disputes arise concerning the sale? If so, please describe.

42.

Do any of you know of any reason why you think that you could not sit in this case and render a just, fair, honest and impartial verdict?

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DATED this 3rd day of March, 2010. Respectfully submitted, 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. By: /s/ Sterling A. Brennan MORRISON & FOERSTER LLP Michael A. Jacobs, pro hac vice Eric M. Acker, pro hac vice Grant L. Kim, pro hac vice WORKMAN NYDEGGER Sterling A. Brennan David R. Wright Kirk R. Harris Cara J. Baldwin Attorneys for Defendant and Counterclaim-Plaintiff Novell, Inc.

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CERTIFICATE OF SERVICE I, Brent O. Hatch, hereby certify that on this 3rd day of March, 2010, a true and correct copy of the foregoing JOINT PROPOSED VOIR DIRE QUESTIONS 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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