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Another Month of Fact Discovery in Novell
Saturday, March 31 2007 @ 10:40 AM EDT

The parties in SCO v. Novell have stipulated [PDF] to extend fact discovery another month, until the end of April. What does it mean? Probably that something has come up in a deposition or in paper discovery that they want to dig into a little deeper. It isn't unusual for that to happen. If you look on the first Scheduling Order [PDF] in SCO v. IBM, for example, you'll see this notation under the header, DISCOVERY CUTOFF, which originally set the cutoff date as August 4, 2004:
If additional fact discovery is made necessary by expert reports or depositions, it may take place until 10/22/04.

Quaint, isn't it? 2004. As you can see, a discovery cutoff date is not carved in stone. So Novell and SCO have agreed to another month, and if they haven't finished then, they can stipulate again, I expect, and failing that one of the parties can ask the judge to extend it further. If you have been watching the IBM discovery waltz, you've seen how that works.

If you look at it from the point of view of the parties, though, or the court you can understand that they want to have enough time to get all the facts they can, within reason, because the idea is to have a case decided on a complete picture. I can't say, then, that this is a surprise to me. And there is no delay in the date for trial to begin, which is still September:

The parties have until April 30, 2007 to complete all outstanding fact discovery. This stipulation does not alter the parties' September 17, 2007 trial date.

The parties in SCO v IBM have also agreed to some extensions [PDF], specifically, deadlines for responding to requests for admissions, Rule 20(b)(6) depositions, motions in limine, etc.


  


Another Month of Fact Discovery in Novell | 42 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections here
Authored by: Alan(UK) on Saturday, March 31 2007 @ 11:26 AM EDT
Please put your correction in the title:

korrection > correction

---
Microsoft is nailing up its own coffin from the inside.

[ Reply to This | # ]

Off Topic here
Authored by: Alan(UK) on Saturday, March 31 2007 @ 11:28 AM EDT
Please read the red bits and make links clicky.

---
Microsoft is nailing up its own coffin from the inside.

[ Reply to This | # ]

Another Month of Fact Discovery in Novell
Authored by: Anonymous on Saturday, March 31 2007 @ 07:19 PM EDT
SCO likes so much implies that IBM fund Groklaw by the way of Ibiblio, I can't
resist:

Now that SCO vs Novell should go first and that Microsoft have funded Novell
with their Patent agreement, does Novell will have to left this case drag so the
clouds stay over Linux until Vista is accepted by the Companies as the only OS
"lawsuit-safe"?

[ Reply to This | # ]

Off Topic - An analog to the opendocument format wars?
Authored by: Starlite528 on Monday, April 02 2007 @ 12:46 AM EDT
I'm reading about something called "The Digital Negative
Specification." Here's a quote:

"As a result, a variety of software applications cannot read every raw
format, and using these raw files as a long-term archive is a risky
proposition.
In contrast, the Digital Negative specification—which is designed to accommodate
the information stored in manufacturer-specific raw files—is available at no
charge to the public, making it more accessible and, ultimately, a safer choice
for long-term archival purposes."

Read about it here:
http://www.adobe.com/digitalimag/pdfs/dng_primer.pdf

---
"Death continues to be our nations number one killer."
Henry Gibson

[ Reply to This | # ]

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