THE SCO GROUP, INC. v. INTERNATIONAL BUSINESS MACHINES CORPORATION - Document No. 10

THE SCO GROUP, INC. v. INTERNATIONAL BUSINESS MACHINES CORPORATION Doc.
10
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 01: 06-mc-00046 PTS
The SCO Group, Inc., )

)
Plaintiff, )
)
v. )
)
International Business Machines Corp., )
)
Defendant.
)
)
____________________________________________
MOTION FOR LEAVE TO FILE DECLARATION

_____________________________________________
Otis L. Wilson, through undersigned counsel, hereby moves for leave to file the attached
declaration of Todd Shaughnessy in connection with the motions presently pending before this
court with respect to the proposed second deposition of Mr. Wilson. The grounds for this motion
are as follows:
1. SCO Group, Inc. filed a Motion to Compel accompanied by an Affidavit of
Edward Normand, setting forth his recollection of a conference call with the Magistrate Judge in
the Utah Action to which Mr. Wilson is not a party.
2. SCO Group sought expedited briefing of that motion.
3. Mr. Wilson’s memorandum in response to the Motion to Compel advised the
Court that IBM’s counsel of record, Todd Shaughnessy had a different recollection of the
proceedings before the Magistrate judge in the Utah District, that Mr. Shaughnessy was out of
the country, precluding obtaining an affidavit from him within the expedited briefing schedule
requested by SCO Group and that Mr. Wilson would request permission to subsequently file an
Dockets.Justia.com
Case 1:06-mc-00046-PTS Document 10 Filed 04/28/2006 Page 1 of 4
affidavit by Mr. Shaughnessy if the court deemed the recollection of counsel about the
conference call to be important in the resolution of this issue.
4. SCO Group subsequently filed additional papers late in the evening of April 25
that once again relied heavily on the recollection of SCO Group’s counsel about the conference
call.
5. Mr. Shaughnessy has now returned to the country and has executed the attached
declaration setting forth his differing recollection of the disputed conference call with the
Magistrate judge and other matters responsive to points made by SCO Group.
6. To the extent, if any, that leave of court is required for filing the Shaughnessy
declaration, the Court should grant such leave in the interest of the fair and efficient
administration of justice. The declaration was not available when Mr. Wilson’s initial papers
were file solely because of the expedited briefing schedule sought by SCO Group.
This the __28__ day of _April__, 2006.
__/s/Michael T. Medford_____________
Michael T. Medford
N.C. State Bar # 7227
Of MANNING, FULTON & SKINNER, P.A.
Attorneys for Otis L. Wilson
3605 Glenwood Avenue - Suite 500
Post Office Box 20389
Raleigh, North Carolina 27619-0389
Telephone: (919) 787-8880
Facsimile: (919) 787-8902
E-Mail: [email protected]

CERTIFICATE OF SERVICE
This is to certify that a copy of the Motion For Leave to File Declaration was duly served
this date on counsel for all parties by electronic means if available or otherwise by forwarding a
copy thereof enclosed in a postage-paid envelope, deposited in the United States Mail, addressed
as follows:
Robert R. Marcus
SMITH MOORE, L.L.P.
Greensboro, North Carolina 27420
Telephone: (336) 378-5365
Facsimile: (336) 378-5200
Heather Howell Wright

SMITH MOORE, L.L.P.
Greensboro, North Carolina 27420
Telephone: (336) 378-5365
Facsimile: (336) 378-5200Brent O. Hatch
Robert Silver (admitted pro hac vice)

Edward Normand (admitted pro hac vice)
BOIES, SCHILLER & FLEXNER, LLP
333 Main Street
Armonk, New York 10504
Telephone (914) 749-8200
Facsimile: (914) 749-8300
David Marriott
Cravath, Swaine & Moore, LLP
Worldwide Plaza
825 Eighth Avenue
New York, New York 10019
Telephone: (212) 474-1000
Facsimile: (212) 474-3700
Todd Shaughnessy
Snell & Wilmer, LLP
1200 Gateway Tower West
15 West South Temple
Salt Lake City, Utah 84101-1004
Telephone: (801) 257-1900
Facsimile: (801) 257-1800

This the __28__ day of _April__, 2006.
__/s/Michael T. Medford_____________
Michael T. Medford
N.C. State Bar # 7227
Of MANNING, FULTON & SKINNER, P.A.
Attorneys for Otis L. Wilson
3605 Glenwood Avenue - Suite 500
Raleigh, North Carolina 27619-0389
Telephone: (919) 787-8880
Facsimile: (919) 787-8902
483791.-/mtm/tgh/20064-L35387

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THE SCO GROUP, INC. v. INTERNATIONAL BUSINESS MACHINES CORPORATION Doc.

IN THE UNITED STATES DISTRICT COURT

The SCO Group, Inc., )

MOTION FOR LEAVE TO FILE DECLARATION

1. SCO Group, Inc. filed a Motion to Compel accompanied by an Affidavit of

the Utah Action to which Mr. Wilson is not a party.

2. SCO Group sought expedited briefing of that motion.

3. Mr. Wilson’s memorandum in response to the Motion to Compel advised the

conference call to be important in the resolution of this issue.

This the 28 day of _April__, 2006.

Case 1:06-mc-00046-PTS Document 10 Filed 04/28/2006 Page 2 of 4

Heather Howell Wright

Robert Silver (admitted pro hac vice)

Case 1:06-mc-00046-PTS Document 10 Filed 04/28/2006 Page 3 of 4

Case 1:06-mc-00046-PTS Document 10 Filed 04/28/2006 Page 4 of 4

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