Pacer shows that the telephone conference with Judge Kimball set for the 25th in SCO v. Novell and announced as stricken by stipulation was held as scheduled after all, which indicates that the stipulation broke down and they needed the judge's intervention after all. What? You are surprised? I suppose it is also possible the Pacer notation was a mistake. (You can see all this on the docket we've reproduced locally, if you look at numbers 88 and the notation between 91 and 92.)
The outcome is another small scoop of discovery. Specifically each side gets to do a few more depositions, (3 or 4, it says on Pacer) which they must designate by the 29th and then one by February 9, to be held by March 2nd. So that's the real, no kidding (unless there are more SCO requests) end of discovery in that case. Here is the Pacer entry:
229 - Filed: 01/25/2007
Entered: 01/26/2007
Telephone Conference
Docket Text: Minute Entry for proceedings held before Judge Dale A. Kimball: Telephone Conference held on 1/25/2007. After hearing from counsel, the court will allow each side to designate 3 or 4 additional depositions by 1/29, to be taken by 3/2/07. Each side will also be allowed to designate one more deposition by 2/9/07 to be taken by 3/2/07. Attorney for Plaintiff: Mark James, Edward Normand, Esq. Attorney for Defendant Ken Brakebill, Esq. Court Reporter: Kelly Hicken. (tab)
It's hard to predict the real end of discovery. We saw in SCO v. IBM that SCO is like the grave about discovery -- it never says 'enough'. So the new deadline is February 9th to say who they wish to depose, which is a week more than SCO won last time the subject came up, but really it's more, about a month more, because the depositions won't actually be done until March 2nd. If SCO suddenly discovers in a deposition that Columbus discovered America and that this proves it owns the copyrights on Unix, so to speak, presumably it could ask for another extension to follow up on that amazing new evidence, but other than that this should be The End.
February 9th is a new deadline in SCO v. IBM also, but only in that IBM has until the 9th to file its opposition to SCO's Objections to Judge Well's Order to Confine and SCO's Motion to Amend/Correct its list of allegedly misused materials.
The order [PDF] reads:
Based upon the stipulation of the parties, and good cause appearing, IT IS HEREBY ORDERED that IBM’s opposition to (i) SCO’s Objections to the Magistrate Judge’s Order on IBM’s Motion to Confine, and (ii) SCO’s Motion to Amend/Correct December 2005 Submission shall be due on or before February 9, 2007.