SCO Grp v. Novell Inc, No. 2:2004cv00139 - Document 558 (D. Utah 2008)

Court Description: DECLARATION of David E. Melaugh re 557 Memorandum in Opposition to Motion (SCO's Motions for Voluntary Dismissal of Stayed Claims, Entry of Final Judgment, and Certification and Entry of Partial Final Judgment) filed by Novell, Inc.. (Attachments: # 1 Exhibit 1)(Sneddon, Heather) Modified on 10/6/2008 linking document to 552 Motion to Dismiss, 553 Motion for Judgment, 554 Motion for Entry of Judgment (jwt). (Entered: 10/03/2008)

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SCO Grp v. Novell Inc Doc. 558 Att. 1 UNITED STATES BANKRUPTCY COURT DISTRICT OF DELAWARE IN RE: . . . The SCO GROUP, INC., et al. . . . Debtor. . . . . . . . . . . . . . . . . . . Case No. 07-11337(KG) 824 Market Street Wilmington, Delaware 19801 November 6, 2007 10:00 a.m. TRANSCRIPT OF HEARING BEFORE HONORABLE KEVIN GROSS UNITED STATES BANKRUPTCY COURT JUDGE APPEARANCES: For the Debtor: Berger Singerman, P.A. By: ARTHUR J. SPECTOR, ESQ. JOHN EATON, ESQ. 200 South Biscayne Blvd. Suite 1000 Miami, FL 33131 For the Debtor: Pachulski, Stang, Ziehl & Jones By: LAURA DAVIS JONES, ESQ. RACHEL L. WERKHEISER, ESQ. 919 North Market Street 17th Floor Wilmington, DE 19899-8705 Audio Operator: Nicole Schaefer Proceedings recorded by electronic sound recording, transcript produced by transcription service. _______________________________________________________________ J&J COURT TRANSCRIBERS, INC. 268 Evergreen Avenue Hamilton, New Jersey 08619 E-mail: jjcourt@optonline.net (609) 586-2311 Fax No. (609) 587-3599 Dockets.Justia.com 61 1 Before filing bankruptcy, SCO went to Judge Kimball 2 and said, take your summary judgment ruling and certify it for 3 appeal. Judge Kimball said, no, I'm not going to parse this 4 ruling. We're going to get all the issues decided at the 5 district court level. 6 Now, they could still conceivably go back and say, if 7 you were to grant us stay relief so we can go back on our 8 affirmative -- on our counter-claims for dollars with Judge 9 Kimball, maybe they'd go back to him and say certify it even 10 though this copyright infringement claim is stayed. 11 We'd resist that. We would say, they had all the 12 opportunity in the world to resolve the -- to get the 13 arbitration done, to resolve the issues that have been referred 14 to arbitration that relates to this claim in Utah. 15 to you. They went They asked you for -- to shut down the arbitration. 16 Its their own fault for dividing up the causes of action in 17 this -- in the district court case in Utah and making it 18 impossible to reach a final judgment on all causes of action. 19 So we would oppose certification, partial certification and 20 entry of final judgment so that the case could go up on appeal. 21 So in order -- even for them to accomplish their 22 appellate objections, it seems to us the arbitration should go 23 forward and the scope of the United Linux intellectual property 24 provision should be decided. Once those are decided, we can go 25 back to Judge Kimball on the copyright infringement claim. J&J COURT TRANSCRIBERS, INC. 130 1 and I'll issue an opinion as quickly as I can here. 2 MR. LEWIS: Thank you, Your Honor. 3 MR. SPECTOR: Thank you, Your Honor. We appreciate 4 the care and attention. 5 THE COURT: Absolutely. And with that -- 6 MR. LEWIS: We appreciate the time you've allotted to 8 THE COURT: Pardon me? 9 MR. LEWIS: We appreciated as well the time you've 7 us, too. 10 allotted to these matters as well. 11 THE COURT: Absolutely. 12 and its an important case. 13 on the papers. They're important matters And I appreciate counsels hard work They were just excellent and very helpful. And 14 I thank you and good day. 15 ALL ATTORNEYS: Thank you, Your Honor. 16 * * * * * 17 C E R T I F I C A T I O N 18 I, Susan Holcomb, court approved transcriber, certify 19 that the foregoing is a correct transcript from the official 20 electronic sound recording of the proceedings in the above21 entitled matter. 22 23 /s/ Susan Holcomb 24 Susan Holcomb Date: November 13, 2007 AAERT CET **00273 25 J&J COURT TRANSCRIBERS, INC. J&J COURT TRANSCRIBERS, INC.

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