SCO Grp v. Novell Inc

Filing 884

USCA Case Number Case Appealed to Tenth Case Number 10-4122 for 881 Notice of Appeal, filed by SCO Group. (jmr)

Case: 10-4122

Document: 01018454242

Date Filed: 07/09/2010

Page: 1

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT OFFICE OF THE CLERK
Byron White United States Courthouse 1823 Stout Street Denver, Colorado 80257 [phone]

Elisabeth A. Shumaker Clerk of Court

July 09, 2010

Douglas E. Cressler Chief Deputy Clerk

Mr. Brent O. Hatch Mr. Mark F. James Hatch, James & Dodge, P.C. 10 West Broadway Suite 400 Salt Lake City, UT 84101-0000 Mr. Edward Normand Mr. David Boies Robert B. SIlver Boies, Schiller & Flexner LLP 333 Main Street Armonk, NY 10504 Devan V. Padmanabhan Dorsey & Whitney 50 South Sixth Street Suite 1500 Minneapolis, MN 55402-1498 Mr. Stuart H. Singer Boies, Schiller & Flexner 401 East Las Olas Boulevard Suite 1200 Ft. Lauderdale, FL 33301 RE: 10-4122, SCO Group v. Novell, Inc. Dist/Ag docket: 2:04-CV-00139-TS

Dear Counsel: This appeal was docketed today. Copies of the Tenth Circuit Rules, effective January 1, 2010, and the Federal Rules of Appellate Procedure, effective December 1, 2009, may be obtained by contacting this office or by visiting our website at http://www.ca10.uscourts.gov. You may also obtain a copy of the rules by calling this

Case: 10-4122

Document: 01018454242

Date Filed: 07/09/2010

Page: 2

office. Effective March 18, 2009, counsel must also comply with the court's new General Order, which requires all counsel to file pleadings via the court's Electronic Case Filing system (ECF). You may find the order and information on registering for and using ECF on the court's website. We invite you to contact us with any questions you may have about our operating procedures. Please note that all court forms are now available on the court's web site. Outlined below are some of the requirements for prosecuting this appeal. Attorneys must complete and file an entry of appearance form within 14 days of the date of this letter. See 10th Cir. R. 46.1(A). Pro se parties must complete and file the form within thirty days of the date of this letter. Appellant's failure to enter an appearance may cause the appeal to be dismissed. An appellee who fails to enter an appearance may not receive notice or service of orders. Although attorneys who file a notice of appeal have technically entered an appearance, and may not withdraw without the court's permission, counsel must still file a separate entry of appearance form. For criminal appeals, please note the court will require trial counsel to continue the representation whether retained or appointed, even if you did not sign the notice of appeal. See 10th Cir. R. 46.3(A). This continuity of counsel ensures that any criminal defendant who wishes to appeal has that appeal perfected. Generally, the court will not allow counsel to withdraw until the docketing statement is filed, necessary transcripts are ordered, and the designation of record is submitted. If there is an issue regarding the defendant's eligibility for the appointment of counsel, an appropriate motion must be filed in the district court. See 10th Cir. R. 46.4(A). You are required to file a docketing statement within 14 days of filing the notice of appeal. If you have not yet filed that pleading, you should do so within 14 days of the date of this letter. Please note that under local rule 3.4(C), the appellant is not limited to the issues identified in his docketing statement and may raise other appropriate issues in the opening brief. In addition to the docketing statement, all transcripts must be ordered within 14 days of the date of this letter. If no transcript is necessary, you must file a statement to that effect. Appellant is not required to file a designation of record, but will be required to file an appendix with appellant's opening brief. See 10th Cir. R. 10.2(A) and 30.1. Appellant must file an opening brief and appendix within 40 days after the date on which the district clerk notifies the parties and the circuit clerk that the record is complete for purposes of appeal. See 10th Cir. R. 31.1(A)(1). Motions for extension of time to file briefs and appendices must comply with 10th Cir. R. 27.3, 27.4(B), 27.4(E), where applicable, and 27.4(F). These motions are not favored. Briefs must satisfy all requirements of the Federal Rules of Appellate Procedure and Tenth Circuit Rules with respect to form and content. See specifically Fed. R. App. P. 28 and 32 and 10th Cir. R. 28.1, 28.2 and 32.1, as well as 31.4 when applicable. Seven copies of briefs must be provided to the court within two days of filing via the court's Electronic Case Filing system. See 10th Cir. R. 31.5 and the Court's General Order of
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Case: 10-4122

Document: 01018454242

Date Filed: 07/09/2010

Page: 3

March 18, 2009. Appendixes must satisfy the requirements of 10th Cir. R. 30.1(A) and 30.1(C) and 2 copies must be filed. See 10th Cir. R. 30.1(D). Please contact this office if you have questions. Sincerely,

Elisabeth A. Shumaker Clerk of the Court

cc:

George C. Harris Michael Allen Jacobs Thomas R. Karrenberg Grant L. Kim David E. Melaugh John P. Mullen Heather M. Sneddon

EAS/ng

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