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Groklaw: IBM's Memorandum in Opposition to SCO's Motion to Amend the Scheduling Order

May 19, 2004, 16:00 (1 Talkback[s])
(Other stories by Pamela Jones)

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"IBM has filed its Memorandum in Opposition to SCO's Motion to Amend the Scheduling Order. Here is how the Preliminary Statement begins:

"'SCO commenced this litigation in March 2003, more than a year ago. Trial is currently scheduled for April 2005, nearly one year from now. Yet, due entirely to delays occasioned by SCO's own discovery misconduct, SCO now seeks a nine-month extension of the fact discovery deadline to May 2005, and a five-month extension of the trial date, to September 2005. There is no 'good cause' for such an extension, especially in light of SCO's failure to diligently proceed with discovery. Fed. R. Civ. P. 16(b)...'"

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