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Judge Wells Named Magistrate Judge for Novell v. Microsoft
Friday, November 19 2004 @ 08:30 PM EST

Utah is amazing. The Novell v. Microsoft case has been assigned to Judge Brooke Wells as Magistrate Judge for all pretrial matters, just as she is for SCO v. IBM. She must think she died and went to heaven. Two of the most intriguing cases on planet Earth and she gets them both. I hope she writes a book someday.

Here is the Order of Reference. My thanks to Henrik Grouleff for noticing and for the transcription.

You will notice that we are up to number 6 on the Pacer list, with the complaint being number 1. What happened in between? Well, Novell filed its Corporate Disclosure Statement, there's an order granting lawyers R. Bruce Holcomb, David L. Engelhart, Milton A. Marquis, and Jeffrey M. Johnson from the Washington, DC firm Dickstein Shapiro Morin & Oshinsky, be admitted pro hac vice on behalf of Novell, an acceptance of service by Microsoft, and they have until December 7 to answer the complaint (just a notation, no PDF), and another order granting the motion to allow out-of-state lawyer, David L. Englehardt, to represent Novell on this case.

Eagle eyes will notice that Mr. Engelhardt is listed twice. That is because he has amplified the list of courts he is admitted to practice in, including the Tenth Circuit, Utah, and had listed a prior Utah bankruptcy case he handled which was not on the original filing. It will take a while for the PDFs to resolve.

So, we are off and running. Here is the Order of Reference, followed by the Corporate Disclosure Statement, which an anonymous helper transcribed for us. Thank you.

**************************

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

CENTRAL DISTRICT


NOVELL, INC.,
Plaintiff,
vs.

MICROSOFT CORP.,
Defendant.
ORDER OF REFERENCE


Civil No. 2:04-CV-01045 TS




IT IS ORDERED that, as authorized by 28 U.S.C. § 636(b)(1)(A) and the rules of this Court, the above entitled case is referred to Magistrate Judge Brooke Wells. The magistrate judge is directed to hear and determine any nondispositive pretrial matters pending before the Court.

DATED this 18th day of November, 2004.

BY THE COURT:

____[signed]____
TED STEWART

United States District Judge

jmr

United States District Court
for the
District of Utah
November 19, 2004



* * CERTIFICATE OF SERVICE OF CLERK * *

Re:    2:04-cv-01045

True and correct copies of the attached were either mailed, faxed or e-mailed by the clerk to the following:

Mr. Max D Wheeler, Esq.
SNOW CHRISTENSEN & MARTINEAU
[address]
EMAIL
R. Bruce Holcomb, Esq.
DICKSTEIN SHAPIRO MORIN & OSHINSKY LLP
[address]

****************************

Max D. Wheeler (3439)
Stanley J. Preston (4119)
SNOW, CHRISTENSEN & MARTINEAU
[address, phone, fax]

R. Bruce Holcomb (pro hac vice pending)
Jeffrey M. Johnson (pro hac vice pending)
Milton A. Marquis (pro hac vice pending)
David L. Englehardt (pro hac vice pending)
DICKSTEIN SHAPIRO MORIN & OSHINSKY LLP
[address, phone, fax]

Attorneys for Plaintiff

----------------------------------

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION

NOVELL, INC.,

Plaintiff,

vs.

MICROSOFT CORPORATION,

Defendant.

_____________________

 PLAINTIFF'S RULE 7.1
CORPORATE DISCLOSURE

Judge Ted Stewart
DECK TYPE: Civil
DATE STAMP: 11/12/2004 @ 10:20:40
CASE NUMBER: 2:04CV01045 TS

Pursuant to Federal Rule of Civil Procedure 7.1. Plaintiff Novell, Inc. hereby states that it does not have any parent corporation and that no publicly held corporation holds 10% or more of its stock.

Dated this 12th day of November, 2004

SNOW, CHRISTENSEN & MARTINEAU

By: ____[signature]____
Max D. Wheeler
Stanley J. Preston

DICKSTEIN SHAPIRO MORIN & OSHINSKY LLP
R. Bruce Holcomb
Jeffrey M. Johnson
Milton A. Marquis
David L. Englehardt

Attorneys for Plaintiff

  


Judge Wells Named Magistrate Judge for Novell v. Microsoft | 160 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Judge Wells Named Magistrate Judge for Novell v. Microsoft
Authored by: webster on Friday, November 19 2004 @ 08:40 PM EST
No doubt since she is working with Kimball on IBM she has had her nose in this
arleady.

---
webster

[ Reply to This | # ]

Corrections Here
Authored by: rhaas on Friday, November 19 2004 @ 08:40 PM EST
If any.

[ Reply to This | # ]

OT
Authored by: jim Reiter on Friday, November 19 2004 @ 08:49 PM EST
Off Topic comments please

[ Reply to This | # ]

Just a another Small Utah company.
Authored by: jim Reiter on Friday, November 19 2004 @ 09:07 PM EST
Can Novell, a small Utah (provo) Company defend itself against a hugh,
predatory, soul less, international monoply bent on destroying it and taking
over the world?

Let's hope so.

[ Reply to This | # ]

Judge Wells Named Magistrate Judge for Novell v. Microsoft
Authored by: rsteinmetz70112 on Friday, November 19 2004 @ 09:21 PM EST
Does this mean the Judge Ted Stewart is the "other" judge?

---
Rsteinmetz

"I could be wrong now, but I don't think so."

[ Reply to This | # ]

Is it karma ?
Authored by: Anonymous on Friday, November 19 2004 @ 10:13 PM EST
Okay, I'm not suppose to laugh.
HeHeHeHeHehEhh......Me and all the witches in Macbeth.

[ Reply to This | # ]

Choosing Judge Wells?
Authored by: Brian S. on Friday, November 19 2004 @ 10:19 PM EST
Is it just an allocation or may she have been chosen because she is up to speed
on some of the issues that may be involved?

Brian S.

[ Reply to This | # ]

Judge Wells Named Magistrate Judge for Novell v. Microsoft
Authored by: kberrien on Friday, November 19 2004 @ 11:07 PM EST
Oh god, another case.

Perhaps might be a good time to finally post those transcriptions that were done
for the other MS Anti Trust case (Michigan?) before it was settled.

I did a bunch of emails out of that pile, and it was interesting to see MS
antitrust in action, how it developed. It might give some background local
color to issues & the times of this case.

[ Reply to This | # ]

Is everyone prepared for takeoff...?
Authored by: Groklaw Lurker on Saturday, November 20 2004 @ 02:58 AM EST
"...Two of the most intriguing cases on planet Earth and she gets them
both. I hope she writes a book someday..."

Yup, everybody git in, sit down, shut up and hold on, it oughtta be one heckuva
ride...

---
(GL) Groklaw Lurker
End the tyranny, abolish software patents.

[ Reply to This | # ]

Doc 2 transcribed
Authored by: Anonymous on Saturday, November 20 2004 @ 06:19 AM EST
HTML used whenever possible, tags when not supported by Geeklog.

*******************

Max D. Wheeler (3439)
Stanley J. Preston
SNOW, CHRISTENSEN & MARTINEAU
[address, phone, fax]

R. Bruce Holcomb (pro hac vice pending)
Jeffrey M. Johnson (pro hac vice pending)
Milton A. Marquis (pro hac vice pending)
David L. Englehardt (pro hac vice pending)
DICKSTEIN SHAPIRO MORIN & OHINSKY LLP
[address, phone, fax]

Attorneys for Plaintiff Novell Inc

<center>
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
</center>

<table border><tr><td width=50%>
NOVELL, INC

Plaintiff

vs.

MICROSOFT, INC

Defendants
<td width=50%>
PLAINTIFF'S RULE 7.1 CORPORATE DISCLOSURE

Civil No. 2:04CV-1045 TS

Honorable Ted Stewart
</table>

Pursuant to Federal Rule of Civil Procedure 7.1, Plaintiff Novell, Inc. hereby certifies that it does not have any parent corporation and that no publicly held corporation holds 10% or more of its stock.

Dated this ____12th____ day of November, 2004

SNOW, CHRISTENSEN & MARTINEAU

By: ____[signature]____
Max D. Wheeler
Stanley J. Preston

DICKSTEIN SHAPIRO MORIN & OHINSKY LLP

R. Bruce Holcomb
Jeffrey M. Johnson
Milton A. Marquis
David L. Englehardt

Attorneys for Plaintiff

[ Reply to This | # ]

Procedural question
Authored by: paul_cooke on Saturday, November 20 2004 @ 07:44 AM EST
With all these important cases, does she have to maintain
some form of Chinese wall in between each case so that
something she hears in one case isn't allowed to
subconciously influence her decision in the other?

---
Use Linux - Computer power for the people: Down with cybercrud...

[ Reply to This | # ]

Judge Wells Named Magistrate Judge for Novell v. Microsoft
Authored by: Toon Moene on Saturday, November 20 2004 @ 09:02 AM EST
"Utah is amazing".

Now tell me something. I managed to bicycle across that state without any beer
worth mentioning (except at Fruitland).

Oh what a relieve the motel on the Utah-Nevada border was :-)

[ 1986 ]

---
Toon Moene (A GNU Fortran maintainer and physicist at large)

[ Reply to This | # ]

New lawsuit
Authored by: Anonymous on Saturday, November 20 2004 @ 09:31 AM EST

Here's one for the books: Hooters is sueing
"Winging it" for the idea of scantily clad women
serving food at a restaurant.

My wife, who loathes Hooters, sneered at
this. No offence intended to
others who may share my wife's view.

[ Reply to This | # ]

Judge Wells Named Magistrate Judge for Novell v. Microsoft
Authored by: oldgreybeard on Saturday, November 20 2004 @ 11:11 AM EST
I would thonk it was more like going to another place myself.

But it sure is job security provided you can hold both your nose and temper.

[ Reply to This | # ]

How many judges are there in Utah?
Authored by: jaydee on Saturday, November 20 2004 @ 01:29 PM EST
Just wondering what the size of the pool was.

---
If you find yourself in a fair fight... you didn't plan your mission properly.

[ Reply to This | # ]

Not sure how interesting this is
Authored by: Anonymous on Saturday, November 20 2004 @ 05:40 PM EST
It'd be an interesting case, if there was a chance it'd get to court.

I doubt it will. If Novell can show they have a fair case in discovery I think
Microsoft is going to settle this out-of-court. That's how the big businesses
usually work.

And that's what SCO was calculating on buy suing IBM in the first place.
Of course the difference is that SCO doesn't have a case.

Also they didn't seem to realize that IBM benefits most from having these issues
definitely resolved. Whereas in the case of Microsoft, they don't. They'd rather
have the anti-trust issues quietly go away.

[ Reply to This | # ]

Judge Wells Named Magistrate Judge for Novell v. Microsoft
Authored by: Anonymous on Saturday, November 20 2004 @ 08:03 PM EST
Judge Wells has shown she is very competent. That is good because Microsoft has
a history of being very difficult during discovery.

Speaking of which, I wonder if Microsoft has been busy destroying its e-mails
that relate to the case, as it did with Burst?

[ Reply to This | # ]

Now it is Microsoft's turn to get it's butte kicked - os should I say, Steve Ballmer's turn
Authored by: Anonymous on Sunday, November 21 2004 @ 08:36 AM EST
Cool. I think Microsoft though it would send in SCO to see how Linux would fair
in court so it would better understand how to fight it, how it could spend so
much money to cover up is past misdeeds and lies.

I think Microsoft will discover it is time for Steve Ballmer to right with the
Law, get Righteous with the market, or face the loss of his position in the
company, and the loss Microsoft's position in the market. Or maybe it is too
late to save anything like that, and Microsoft will go down, with Steve Ballmer
to blame for it all. (I am talking about the illegal and misguided antics
revealed by history [Novell DOS 7/DR-DOS 7, OS/2 Warp, Wordperfect, DOJ ruling,
the current EU plans, and a movie such as Pirates of Silicon Valley] that they
still use as motivation to build their business today.)

I am also suspicious of Microsoft when they only license Windows Media
technology to Windows-only supported companies and only to Linux companies after
it is part of a litigation settlement (such as Linspire and I think Turbolinux)
when other companies openly license other technologies for any OS platform
development.

No matter if Novell can win or not, this court action and the efforts of
Groklaw, will bring many of Microsoft's dark past into the light for Judgement
by the Law and the people of the U.S. It may also bring into light the integrity
of the Judgement of the DOJ ruling in case there was an opportunity to pay
someone off to make the DOJ ruling less effective. I have faith that Jesus will
bring Truthful Judgement on all of mankind, but mankind can sometimes be bought
out of Truth and corrupt the very legal systems that are intended to protect the
consumer.

[ Reply to This | # ]
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