IBM Lawsuit ORDER[59]

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SNELL & WILMER L.L.P. Alan L. Sullivan (3152) Todd M. Shaughnessy (6651) Amy F. Sorenson (8947) 15 West South Temple, Suite 1200 Salt Lake City, Utah 84101-1004 Telephone: (801) 257-1900 Facsimile: (801) 257-1800 CRAVATH, SWAINE & MOORE LLP Evan R. Chesler (admitted pro hac vice) David R. Marriott (7572) Worldwide Plaza 825 Eighth Avenue New York, New York 10019 Telephone: (212) 474-1000 Facsimile: (212) 474-3700 Attorneys for Defendant/Counterclaim-Plaintiff International Business Machines Corporation IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH THE SCO GROUP, INC. ORDER Plaintiff/Counterclaim-Defendant, v. Civil No. 2:03CV0294 DAK INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant/Counterclaim-Plaintiff. Honorable Dale A. Kimball Magistrate Judge Brooke C. Wells Based upon the stipulation of the parties, and good cause appearing, IT IS HEREBY ORDERED as follows: All remaining deadlines set forth in the Court’s Order dated July 1, 2005 are hereby vacated; 1 Both parties’ responses to all outstanding requests for admission shall be due on March 30, 2007; Rule 26(a)(3) Disclosures shall be due on April 12, 2007; Deadline for Exchanging Jury Instructions shall be April 27, 2007; Motions in Limine shall be due on May 4, 2007; Final Pretrial Order shall be due 45 days before trial; Special Attorney Conference and Settlement Conference shall be due 30 days before trial; and Approximately six weeks prior to trial, the Court will send to the parties a Trial Order setting further deadlines for the case. DATED this 16th day of January, 2007. BY THE COURT ____________________________ Dale A. Kimball United States District Court Judge APPROVED AS TO FORM: HATCH, JAMES & DODGE, P.C. Brent O. Hatch Mark F. James BOIES, SCHILLER & FLEXNER LLP Edward Normand ___/s/ Edward Normand________________ Counsel for Plaintiff (e-filed with authorization from counsel) 426294.1 2

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