Here is IBM's Notice Regarding Unsealing of Documents Pursuant to 04/28/05 Order as text, thanks to Ben. Thank you, Ben.
That Order is here as text and PDF, and it said this about unsealing previously filed documents: (1) Counsel for both IBM and SCO shall review the documents filed thus far in this action to determine whether any such documents may be unsealed. Counsel shall notify the court on or before May 27, 2005 as to which documents may be unsealed. More discussion here.
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SNELL & WILMER L.L.P.
Alan L. Sullivan (3152)
Todd M. Shaughnessy (6651)
Amy F. Sorenson (8947)
[address, phone, fax]
CRAVATH, SWAINE & MOORE LLP
Evan R. Chesler (admitted pro hac vice)
David R. Marriott (7572)
[address, phone, fax]
Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation
_____________________
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
_____________________
THE SCO GROUP, INC.,
Plaintiff/Counterclaim-Defendant,
v.
INTERNATIONAL BUSINESS MACHINES
CORPORATION,
Defendant/Counterclaim-Plaintiff.
________________________
NOTICE REGARDING UNSEALING OF
DOCUMENTS PURSUANT TO 04/28/05
ORDER
Civil No. 2:03CV0294 DAK
Honorable Dale A. Kimball
Magistrate Judge Brooke C. Wells
___________________________
Pursuant to this Court's April 28, 2005 Order,
Defendant/Counterclaim-Plaintiff International Business Machines
Corporation ("IBM") hereby notifies the Court that it has reviewed the
documents filed in this case to date, and that it has informed
Plaintiff/Counterclaim-Defendant The SCO Group, Inc. ("SCO") of its
position that the following filed documents need not continue to be
maintained under seal, with the exceptions noted:
1. Exhibits I and J to the 7/6/04 Memorandum in Support of Renewed
Motion by SCO Group to Compel Discovery can be unsealed; Exhibits G
and H thereto should remain under seal;
2. 7/8/04 SCO's Sealed Exhibits to Memorandum in Opposition to IBM's
Motion for Partial Summary Judgment on its Tenth Counterclaim for
Non-Infringement may be unsealed, except for the first full
paragraph on page 13 of Exhibit S-3, and for Exhibit S-6, which
should remain under seal;
3. 7/9/04 Declaration of Chris Sontag in Support of SCO's Opposition
to IBM's Motion for Partial Summary Judgment and all exhibits
thereto;
4. 7/12/04 Sealed Declaration of Chris Sontag in Support of Reply
Memorandum Regarding Discovery and all exhibits thereto;
5. 8/4/04 Declaration of Amy F. Sorenson in Support of IBM's
Memorandum in Opposition to SCO's "Renewed" Motion to Compel,
except for portions of Exhibit 5;
6. 8/13/04 Declaration of Todd M. Shaughnessy in Support of Motion for
Partial Summary Judgment on Breach of Contract Claims and all
exhibits thereto;
7. 8/16/04 Declaration of Amy F. Sorenson in Support of IBM's Motion
for Partial Summary Judgment on its Counterclaim for Copyright
Infringement (Eighth Counterclaim) and all exhibits thereto;
8. 8/19/04 Declaration of Jeremy O. Evans in Support of SCO's
Supplemental Memorandum Regarding Discovery and all exhibits
thereto;
9. 8/20/04 IBM Sealed Declaration of Brian W. Kernighan and all
exhibits thereto;
10. 8/23/04 Reply Declaration of Todd M. Shaughnessy in Support of
IBM's Cross-Motion for Partial Summary Judgment on its Claim for
Declaratory Judgment of Non-Infringement and all exhibits thereto;
11. 9/7/04 IBM's Reply Memorandum in Support of Motion to Strike the
July 12, 2004 and August 26, 2004 Declarations of Christopher
Sontag;
12. 9/9/04 Memorandum in Support of SCO's Expedited Motion to Enforce
the Court's Amended Scheduling Order Dated June 10, 2004, except
for Exhibits 5 and 7, which should remain under seal;
13. 10/4/04 Declaration of Jeremy O. Evans In Support of SCO's Reply
Brief in Further Support of its Supplemental Memorandum Regarding
Discovery and all exhibits thereto, except for Exhibit 10, from
which the names of the individuals and their contact information
at the ISVs listed should be redacted;
14. 10/14/04 SCO's Memorandum in Support of Motion for Leave to File a
Third Amended Complaint and all exhibits thereto, except for
Exhibit 7 and page 14 of the Memorandum;
15. 11/30/04 IBM's Sealed Declaration of Todd Shaughnessy in
Opposition to SCO's Motion for Leave to File a Third Amended
Complaint and all exhibits thereto;
16. 12/01/04 SCO Sealed Exhibits to the Declaration of Jeremy O. Evans
in Opposition to IBM's Motion for Summary Judgment on Breach of
Contract Claims, except for Exhibits S-4 and S-6;
17. 12/23/04 Plaintiff's Memorandum in Support of Renewed Motion to
Compel Discovery and all exhibits thereto;
18. 12/29/04 SCO Sealed Reply Memorandum in Support of Motion for
Leave to File Third Amended Complaint and all exhibits thereto,
including the Declaration of Jay F. Petersen;
19. 1/12/05 SCO's Memorandum in Support of Motion to Compel IBM to
produce Samuel J. Palmisano for Deposition and all exhibits
thereto; and
20. 2/25/05 SCO's Reply Memorandum in Further Support of Renewed
Motion to Compel Discovery may be unsealed, as well as all exhibits
thereto, with the exception of Exhibit 1, which should remain
under seal.
IBM has not received a response from SCO as to its position on the
foregoing pleadings and exhibits. Once IBM receives such a response,
IBM will prepare unsealed and/or redacted versions of its pleadings
and the exhibits associated therewith, and submit them to the Court
for filing.
DATED this _27th_ day of May, 2005
SNELL & WILMER L.L.P.
___[signature]___
Alan L. Sullivan
Todd M. Shaughnessy
Amy F. Sorenson
CRAVATH, SWAINE & MOORE LLP
Evan R. Chesler
David R. Marriott
Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation
Of Counsel:
INTERNATIONAL BUSINESS MACHINES CORPORATION
Donald J. Rosenberg
Alec S. Berman
[address, phone]
Attorneys for Defendant/Counterclaim-Plaintiff
International Business Machines Corporation
CERTIFICATE OF SERVICE
I hereby certify that on the 27th day of May, 2005, a true and correct copy of the foregoing was served by U.S. Mail, postage pre-paid, on the following:
Brent O. Hatch
Mark F. James
HATCH, JAMES & DODGE, P.C.
[address]
Stephen N. Zack
Mark J. Heise
BOIES, SCHILLER & FLEXNER LLP
[address]
Robert Silver
Edward Normand
Sean Eskovitz
BOIES, SCHILLER & FLEXNER LLP
[address]
__[signature]___
Amy F. Sorenson
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