Docket as of August 21, 2003 10:31 pm Web PACER (v2.4) U.S. District Court District of Utah (Central) CIVIL DOCKET FOR CASE #: 01-CV-237 Canopy Grp, et al v. Computer Assoc Filed: 04/06/01 Assigned to: Judge Tena Campbell Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 190 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 28:1332 Diversity-Breach of Contract CANOPY GROUP, THE, A Utah Jon C Christiansen, Mr. Corporation [term 09/20/02] plaintiff EMAIL [COR] Raymond J Etcheverry, Mr. [term 09/20/02] EMAIL [COR LD NTC] James T. Blanch [term 09/20/02] EMAIL [COR] PARSONS BEHLE & LATIMER 201 S MAIN ST STE 1800 PO BOX 45898 SALT LAKE CITY, UT 84145-0898 (801)532-1234 R. Brent Stephens JFAX 9,3630400 [COR] Stanley J. Preston JFAX 9,3630400 [COR LD NTC] Max D Wheeler, Mr. JFAX 9,3630400 [COR] Keith A. Call JFAX 9,3630400 [COR] Maralyn M. Reger JFAX 9,3630400 [COR] SNOW CHRISTENSEN & MARTINEAU 10 EXCHANGE PLACE PO BOX 45000 SALT LAKE CITY, UT 84145-5000 (801)521-9000 Ryan E. Tibbitts, Mr. JFAX 8,801,8053030 [COR LD NTC] CENTER 7 INC 333 S 520 W LINDON, UT 84042 (801)805-3063 CENTER 7, A Utah Corporation Jon C Christiansen, Mr. plaintiff [term 09/20/02] (See above) [COR] Raymond J Etcheverry, Mr. [term 09/20/02] (See above) [COR LD NTC] James T. Blanch [term 09/20/02] (See above) [COR] R. Brent Stephens (See above) [COR] Stanley J. Preston (See above) [COR LD NTC] Max D Wheeler, Mr. (See above) [COR] Maralyn M. Reger (See above) [COR] Ryan E. Tibbitts, Mr. (See above) [COR LD NTC] SALT LAKE TRIBUNE, THE Michael P O'Brien, Mr. movant [term 08/12/03] [term 08/12/03] [COR LD NTC] JONES WALDO HOLBROOK & MCDONOUGH 170 S MAIN ST STE 1500 PO BOX 45444 SALT LAKE CITY, UT 84145-0444 (801)521-3200 v. COMPUTER ASSOCIATES James L. Barnett INTERNATIONAL, A Delaware JFAX 9,3649124 Corporation [COR] defendant Brent E. Johnson JFAX 9,3649124 [COR LD NTC] Reha Kamas Deal JFAX 9,3649124 [COR] Lindsay Welch Hola [COR] HOLLAND & HART 60 E SOUTH TEMPLE STE 2000 SALT LAKE CITY, UT 84111-1031 (801)595-7800 Jane Michaels JFAX 8,303,2958261 [COR NTC] Scott S. Barker EMAIL [COR] HOLLAND & HART 555 17TH ST STE 3200 DENVER, CO 80202-3937 (303)295-8000 ======================== COMPUTER ASSOCIATES James L. Barnett INTERNATIONAL JFAX 9,3649124 counter-claimant [COR] Brent E. Johnson JFAX 9,3649124 [COR LD NTC] Reha Kamas Deal JFAX 9,3649124 [COR] Lindsay Welch Hola [COR] HOLLAND & HART 60 E SOUTH TEMPLE STE 2000 SALT LAKE CITY, UT 84111-1031 (801)595-7800 Jane Michaels JFAX 8,303,2958261 [COR NTC] HOLLAND & HART 555 17TH ST STE 3200 DENVER, CO 80202-3937 (303)295-8000 v. CANOPY GROUP, THE Jon C Christiansen, Mr. counter-defendant [term 09/20/02] EMAIL [COR] Raymond J Etcheverry, Mr. [term 09/20/02] EMAIL [COR LD NTC] James T. Blanch [term 09/20/02] EMAIL [COR] PARSONS BEHLE & LATIMER 201 S MAIN ST STE 1800 PO BOX 45898 SALT LAKE CITY, UT 84145-0898 (801)532-1234 R. Brent Stephens JFAX 9,3630400 [COR] Stanley J. Preston JFAX 9,3630400 [COR LD NTC] Maralyn M. Reger JFAX 9,3630400 [COR] SNOW CHRISTENSEN & MARTINEAU 10 EXCHANGE PLACE PO BOX 45000 SALT LAKE CITY, UT 84145-5000 (801)521-9000 Ryan E. Tibbitts, Mr. JFAX 8,801,8053030 [COR LD NTC] CENTER 7 INC 333 S 520 W LINDON, UT 84042 (801)805-3063 CENTER 7 Jon C Christiansen, Mr. counter-defendant [term 09/20/02] (See above) [COR] Raymond J Etcheverry, Mr. [term 09/20/02] (See above) [COR LD NTC] James T. Blanch [term 09/20/02] (See above) [COR] R. Brent Stephens (See above) [COR] Stanley J. Preston (See above) [COR LD NTC] Maralyn M. Reger (See above) [COR] Ryan E. Tibbitts, Mr. (See above) [COR LD NTC] DOCKET PROCEEDINGS DATE # DOCKET ENTRY 4/6/01 1 Ex parte motion by Canopy Grp, Ctr 7 to file complaint under seal (kvs) [Entry date 04/09/01] 4/6/01 2 Order granting [1-1] ex parte motion to file complaint under seal signed by Judge Tena Campbell , 04/06/01 cc:atty (kvs) [Entry date 04/09/01] 4/6/01 3 SEALED Complaint filed, assigned to Judge Tena Campbell Receipt no.: 111267 (kvs) [Entry date 04/09/01] 4/13/01 4 Return of summons executed as to Computer Assoc Intl 4/9/01 Answer due on 4/30/01 for Computer Assoc Intl (tsi) [Entry date 04/16/01] 5/8/01 5 Stipulation by Canopy Grp, Ctr 7, Computer Assoc Intl stip to extend time until 5/23/01 for dft to answer or otherwise respond to cmp (tsi) [Entry date 05/09/01] 5/10/01 6 Order granting [5-1] stip to extend time until 5/23/01 for dft to answer or otherwise respond to answer due 5/23/01 for Computer Assoc Intl signed by Judge Tena Campbell , 5/10/01. cc:atty (ce) [Entry date 05/11/01] 5/22/01 7 Stipulation by Canopy Grp, Ctr 7, Computer Assoc Intl stip to extend time until 6/1/01 for dft to answer or otherwise respond to plas' cmp (tsi) [Entry date 05/23/01] 5/24/01 8 Order granting [7-1] stipulation motion to extend time until 6/1/01 for dft to answer or otherwise respond to plas' cmp signed by Judge Tena Campbell , 5/23/01 cc:atty (tsi) [Entry date 05/25/01] 6/1/01 9 Ex parte motion by Computer Assoc Intl for leave to file answer and counterclaim under seal (tsi) [Entry date 06/04/01] 6/1/01 -- Proposed document from Computer Assoc Intl entitled Answer and Counterclaim (tsi) [Entry date 06/04/01] 6/4/01 10 Order of Reference under 636(b)(1)(A). Case referred to Mag Judge for all non-dispositive matters, signed by Judge TC 6/4/01 (tsi) [Entry date 06/05/01] 6/4/01 -- Case referred to magistrate under 28:636(b)(1)(A). (tsi) [Entry date 06/05/01] 6/5/01 11 Motion and Order signed by Judge Tena Campbell , 06/04/01 . Granting motion /PHV for Attorney: Jane Michaels on behalf of defendant Computer Assoc Intl cc:attys (tsi) [Entry date 06/05/01] 6/12/01 13 Ex parte order granting [9-1] ex parte motion for leave to file answer and counterclaim under seal signed by Mag Judge RNB 6/12/01 cc: atty (tsi) [Entry date 06/13/01] 6/13/01 12 Case referred to Judge Ronald N. Boyce cc: atty (tsi) [Entry date 06/13/01] 6/21/01 15 Answer by Canopy Grp, Ctr 7 to [14-2] counter claim (tsi) [Entry date 06/25/01] 6/25/01 14 SEALED Answer to Complaint and Counterclaim by Computer Assoc Intl against Canopy Grp, Ctr 7 (tsi) [Entry date 06/25/01] 8/22/01 16 Magistrate Notice of Hearing Initial Pretrial Conference set for 11:00 10/29/01 To be held before Judge Alba cc:atty ( Ntc generated by: IPT blue sheet) (tsi) [Entry date 08/22/01] 10/18/01 17 REPORT of Attorney Planning Meeting (tsi) [Entry date 10/19/01] 10/23/01 18 Certificate of service by Computer Assoc Intl re: Initial Disclosures (tsi) [Entry date 10/24/01] 10/24/01 19 Certificate of service by Canopy Grp, Ctr 7 re: Plas' Initial Disclosures under 26(a)(1) (tsi) [Entry date 10/25/01] 11/20/01 20 Scheduling order setting; Joining of parties, amending of pleadings on 5:00 3/29/02 ; Deadline for filing of all motions 5:00 10/18/02 ; Discovery cutoff - Fact: 5:00 6/28/02, Expert: 9/30/02 at 5:00 ; Attorney Conference by 10:00 2/20/03 ; Final Pretrial Conference for 3:00 3/6/03 ; 3-Week Jury Trial for 8:30 4/7/03 Rule 26(f)(1) cnf held. Expert witness disclosure dates set. Not Referred to ADR. Discovery limits set. Signed by Judge Samuel Alba 11/19/01 cc:atty. Settlement Potential: Fair (tsi) [Entry date 11/26/01] 12/21/01 21 SEALED Motion by Canopy Grp, Ctr 7 to amend [3-1] complaint (tsi) [Entry date 12/27/01] 12/21/01 22 Memorandum by Canopy Grp, Ctr 7 in support of [21-1] motion to amend [3-1] complaint (tsi) [Entry date 12/27/01] 1/2/02 23 Order granting [21-1] motion to amend [3-1] complaint signed by Judge Tena Campbell , 12/28/01 cc:atty (tsi) [Entry date 01/03/02] 1/4/02 24 Amended complaint by Canopy Grp, Ctr 7. Amends [3-1] complaint; jury demand (tsi) [Entry date 01/07/02] 2/5/02 25 SEALED Answer by Computer Assoc Intl to amended complaint (tsi) [Entry date 02/06/02] 2/5/02 25 SEALED Amended counterclaim by Computer Assoc Intl against Canopy Grp, Ctr 7 : amending [14-2] counter claim (tsi) [Entry date 02/06/02] 2/25/02 26 Answer by Canopy Grp, Ctr 7 to [25-1] amended counterclaim (tsi) [Entry date 02/27/02] 3/14/02 27 Stipulation by Canopy Grp, Ctr 7, Computer Assoc Intl stip for protective order regarding confidential docs and information (tsi) [Entry date 03/15/02] 3/14/02 27 Protective Order granting [27-1] stipulation motion for protective order regarding confidential docs and information Signed by Judge Tena Campbell 03/14/02 cc: atty (tsi) [Entry date 03/15/02] 4/11/02 28 Certificate of service by Canopy Grp, Ctr 7 re: Plas' First Set of Interrogatories and Requests for Production of Docs to Dft (tsi) [Entry date 04/12/02] 5/6/02 29 Joint motion by Canopy Grp, Ctr 7, Computer Assoc Intl to amend [20-1] Scheduling order re: fact discovery and the adjustment of other dates related to fact & expert discovery and dispositive motions. The trial date is perserved as well as other final pretrial dates (ce) [Entry date 05/06/02] 5/21/02 30 AMENDED Scheduling order setting ; Deadline for filing of all motions 5:00 1/15/03 ; Discovery cutoff 5:00 12/15/02 ; Attorney Conference by 10:00 2/20/03 ; Final Pretrial Conference for 3:00 3/6/03 ; 3-Week Jury Trial for 8:30 4/7/03. Expert witness disclosure dates set. Not referred to ADR. Discovery limits set. Signed by Judge Ronald N. Boyce 05/21/02 cc:atty. Settlement Potential: Fair (tsi) [Entry date 05/22/02] 7/25/02 31 Motion by Computer Assoc Intl to amend [25-1] amended counterclaim (tsi) [Entry date 07/29/02] [Edit date 07/31/02] 7/25/02 32 Memorandum by Computer Assoc Intl in support of [31-1] motion to amend [25-1] amended counterclaim (tsi) [Entry date 07/29/02] [Edit date 07/31/02] 7/31/02 -- Dft's Motion for Leave to File First Amended Counterclaim and the Memorandum in support thereof was submitted to the Court to be filed under seal. Per Mag Judge RNB, the documents were removed from sealed envelopes and filed as unsealed documents as the ptys have not yet been granted leave to file the documents under seal. (tsi) [Entry date 07/31/02] 7/31/02 33 Notice of attorney appearance for Canopy Grp, Ctr 7 by Stanley J. Preston, R. Brent Stephens, Maralyn M. Reger (tsi) [Entry date 08/01/02] 8/6/02 34 Memorandum by Canopy Grp, Ctr 7 in opposition to [31-1] motion to amend [25-1] amended counterclaim (tsi) [Entry date 08/07/02] 8/9/02 35 Certificate of service by Computer Assoc Intl re: Responses to Plas' First Set of Interrogatories and Requests for Production of Docs, Dft's First Set of Interrogatories and Requests for Production of Docs to Plas Canopy Group and Center 7 (tsi) [Entry date 08/13/02] 8/20/02 37 SEALED Reply by Computer Assoc Intl to response to [31-1] motion to amend [25-1] amended counterclaim (tsi) [Entry date 08/22/02] 8/21/02 36 Magistrate Notice of Hearing Motion hearing set for 2:30 9/4/02 for [31-1] motion to amend [25-1] amended counterclaim To be held before Judge Boyce cc:atty ( Ntc generated by: RNB's chambers) (tsi) [Entry date 08/21/02] 8/28/02 38 SEALED Stipulation by Canopy Grp, Ctr 7, Computer Assoc Intl stip to amend [37-1] response reply to Motion for Leave to File First Amd Cntclm (tsi) [Entry date 08/30/02] 8/28/02 39 SEALED Amended Reply by Computer Assoc Intl to response to [31-1] motion to amend [25-1] amended counterclaim (tsi) [Entry date 08/30/02] 9/4/02 40 Minute entry: Counsel present for parties. Discussion heard on counterclaimant's motion to file 1st amended counterclaim. Court made findings on the record and GRANTED the motion. Mr. Johnson to prepare the order. [38-1] stip motion to amend [37-1] response reply to Motion for Leave to File First Amd Cntclm, granting [31-1] motion to amend [25-1] amended counterclaim ; Judge: Ronald N. Boyce Court Reporter: Electronic Tape No.: 2318 Log No.: 363-1803 Court Deputy: A Bowers (asb) [Entry date 09/05/02] 9/12/02 41 SEALED Amended counterclaim by Computer Assoc Intl : amending [25-1] amended claim (tsi) [Entry date 09/16/02] [Edit date 09/16/02] 9/19/02 42 Motion by Canopy Grp, Ctr 7 for Etcheverry, Christiansen and Blanch and the firm of Parsons Behle & Latimer to withdraw as attorneys for plas (tsi) [Entry date 09/23/02] 9/20/02 43 Order granting [42-1] motion for Etcheverry, Christiansen and Blanch and the firm of Parsons Behle & Latimer to withdraw as attorneys for plas (Terminated attorney Raymond J Etcheverry for Ctr 7, attorney Jon C Christiansen for Ctr 7, attorney James T. Blanch for Ctr 7, attorney Raymond J Etcheverry for Canopy Grp, attorney Jon C Christiansen for Canopy Grp, attorney James T. Blanch for Canopy Grp, attorney James T. Blanch for Ctr 7, attorney Jon C Christiansen for Ctr 7, attorney Raymond J Etcheverry for Ctr 7, attorney James T. Blanch for Canopy Grp, attorney Jon C Christiansen for Canopy Grp, attorney Raymond J Etcheverry for Canopy Grp signed by Judge Tena Campbell , 09/20/02 cc:atty (tsi) [Entry date 09/23/02] 9/26/02 44 Certificate of service by Canopy Grp, Ctr 7 re: Plas' Answers to Dft's First Set of Interrogatories and Requests for Production of Docs (tsi) [Entry date 09/30/02] 9/27/02 45 Answer by Canopy Grp, Ctr 7 to [41-1] amended counterclaim (tsi) [Entry date 10/02/02] 9/30/02 46 Stipulation by Canopy Grp, Ctr 7, Computer Assoc Intl stip to amend [30-1] Scheduling order as follows: Fact Discovery due 12/13/02; Plas' Expert Reports due 01/10/03; Dft's Expert Reports due 02/10/03; Rebuttal Expert Reports due 02/24/03; Expert Discovery due 03/07/03; Dispositive Motions due 01/17/03 (tsi) [Entry date 10/02/02] 10/4/02 47 Order granting [46-1] stipulation motion to amend [30-1] Scheduling order as follows: Fact Discovery due 12/13/02; Plas' Expert Reports due 01/10/03; Dft's Expert Reports due 02/10/03; Rebuttal Expert Reports due 02/24/03; Expert Discovery due 03/07/03; Dispositive Motions due 01/17/03, discovery due set for 3/7/03, motion filing deadline set for 1/17/03 signed by Judge Tena Campbell , 10/02/02 cc:atty (tsi) [Entry date 10/09/02] 10/10/02 48 Certificate of service by Canopy Grp, Ctr 7 re: Plas' Second Set of Requests for Production of Docs (tsi) [Entry date 10/16/02] 10/23/02 49 Order granting [38-1] stipulation motion to amend [37-1] response reply to Motion for Leave to File First Amd Cntclm signed by Judge Tena Campbell , 10/23/02 cc:atty (tsi) [Entry date 10/25/02] 10/25/02 50 Certificate of service by Canopy Grp, Ctr 7 re: discovery (kvs) [Entry date 10/29/02] 11/14/02 51 Certificate of service by Computer Assoc Intl re: Second Set of Interrogatories and Requests for Production of Docs to Plas. (tsi) [Entry date 11/23/02] 11/19/02 54 Certificate of service by Computer Assoc Intl re: resp to plas/counterclaim dfts second set of request for production of docs (kvs) [Entry date 11/26/02] 11/20/02 55 Certificate of service by Canopy Grp, Ctr 7 re: supl to initial disclosures (kam) [Entry date 11/26/02] 11/23/02 52 Motion by Canopy Grp, Ctr 7 to compel dft to prod docs req in doc req no. 12 and 14 of plas first set of interrog/req for prod of docs to dft and doc req no. 1-15, 17-41 of plas second set of req for prod/docs (kvs) [Entry date 11/25/02] 11/23/02 52 Request for hrg filed by Canopy Grp, Ctr 7 re: [52-1] motion to compel dft to prod docs req in doc req no. 12 and 14 of plas first set of interrog/req for prod of docs to dft and doc req no. 1-15, 17-41 of plas second set of req for prod/docs (kvs) [Entry date 11/25/02] 11/23/02 53 Memorandum by Canopy Grp, Ctr 7 in support of [52-1] motion to compel dft to prod docs req in doc req no. 12 and 14 of plas first set of interrog/req for prod of docs to dft and doc req no. 1-15, 17-41 of plas second set of req for prod/docs (kvs) [Entry date 11/25/02] 11/25/02 -- Proposed document from Computer Assoc Intl entitled Notice of Appearance of Counsel of attorney Lindsay W. Hola for dft Computer Associates Intl. Attorney Hola not admitted to the federal bar. (tsi) [Entry date 12/02/02] 11/25/02 57 Certificate of service by Computer Assoc Intl re: third set req/prod docs to pla Center 7 (ce) [Entry date 12/03/02] 11/25/02 58 Certificate of service by Computer Assoc Intl re: resp to pla's second set interrog & first req/adms; resp to pla's third set req/prod docs (ce) [Entry date 12/03/02] 11/25/02 60 Notice of attorney appearance for Computer Assoc Intl by Lindsay Welch Hola (tsi) [Entry date 12/12/02] 12/3/02 56 Notice of Hearing filed : Motion hearing set for 4:00 12/18/02 for [52-1] motion to compel dft to prod docs req in doc req no. 12 and 14 of plas first set of interrog/req for prod of docs to dft and doc req no. 1-15, 17-41 of plas second set of req for prod/docs To be held before Judge TC cc:atty ( Ntc generated by: TC's chambers) (ce) [Entry date 12/03/02] 12/10/02 59 Memorandum by Computer Assoc Intl in opposition to [52-1] motion to compel dft to prod docs req in doc req no. 12 and 14 of plas first set of interrog/req for prod of docs to dft and doc req no. 1-15, 17-41 of plas second set of req for prod/docs (tsi) [Entry date 12/11/02] 12/10/02 61 Declaration of David Kaplan Re: costs assoc w/Unicenter TNG (requests 14, 17-18, 21-23, 35, 39) (ce) [Entry date 12/13/02] 12/10/02 62 Declaration of Stephen Richards Re: request no. 34 (ce) [Entry date 12/13/02] 12/10/02 63 Declaration of Marceil Shmitt Re: challenged implementations (request no. 39) (ce) [Entry date 12/13/02] 12/10/02 64 Declaration of Debra Cattani Re: ASP and EM analyst material (request nos. 19, 20) (ce) [Entry date 12/13/02] 12/10/02 65 Objections by Computer Assoc Intl to Rule 30(b)(6) notice of depo of dft Computer Assoc Intl (ce) [Entry date 12/13/02] 12/11/02 66 Motion by SL Tribune for ltd intervention by SL Tribune, to unseal judicial records to provide public access to the crt file (ce) [Entry date 12/13/02] 12/11/02 67 Memorandum by SL Tribune in support of [66-1] motion for ltd intervention by SL Tribune, [66-2] motion to unseal judicial records to provide public access to the crt file (ce) [Entry date 12/13/02] 12/11/02 67 Request for Argument filed by SL Tribune on [66-1] motion for ltd intervention by SL Tribune (ce) [Entry date 12/13/02] 12/13/02 68 Certificate of service re: ans to Comp Assoc's 2nd set of interrogs & reqs for prod/docs by Canopy Grp, Ctr 7 (alt) [Entry date 12/16/02] [Edit date 12/16/02] 12/16/02 69 AMENDED Notice of Hearing filed: Motion hearing set for 10:30 12/18/02 for [52-1] motion to compel dft to prod docs req in doc req no. 12 and 14 of plas first set of interrog/req for prod of docs to dft and doc req no. 1-15, 17-41 of plas second set of req for prod/docs To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) [Entry date 12/16/02] 12/16/02 70 Ex parte motion by Canopy Grp, Ctr 7 for leave to file overlength reply memo re: motion to compel (alp) [Entry date 12/17/02] 12/16/02 71 Certificate of service re: Supplement to Rule 26(a)(1) Initial Dlcs by Computer Assoc Intl (alt) [Entry date 12/18/02] 12/16/02 72 SEALED Reply by Canopy Grp, Ctr 7 to response to [52-1] motion to compel dft to prod docs req in doc req no. 12 and 14 of plas first set of interrog/req for prod of docs to dft and doc req no. 1-15, 17-41 of plas second set of req for prod/docs (alt) [Entry date 12/18/02] 12/17/02 73 SEALED Exhibit 5 filed by plaintiff Canopy Grp, plaintiff Ctr 7 RE: [72-1] rply mem/sup of plas/cntclm dfts' motion to compel (kam) [Entry date 12/18/02] 12/18/02 74 Order granting [70-1] ex parte motion for leave to file overlength reply memo re: motion to compel signed by Judge Tena Campbell , 12/18/02 cc:atty (kam) [Entry date 12/19/02] 12/18/02 75 Minute entry: After hearing argument from counsel, the court grants in part and denies in part motion to compel documents. Documents are to be produced by 1/10/03. Expert reports are due 1/20/03. The court directs Mr. Preston to prepare an order. See order for details. The court denies motion to attorney fees. granting in part, denying in part [52-1] motion to compel dft to prod docs req in doc req no. 12 and 14 of plas first set of interrog/req for prod of docs to dft and doc req no. 1-15, 17-41 of plas second set of req for prod/docs ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) [Entry date 12/19/02] 12/27/02 76 Certificate of service re: ans to Comp Assoc Intl's 3rd reqs for prod/docs, and 2nd supplement to intial dlcs by Ctr 7 (alt) [Entry date 01/03/03] 1/8/03 77 Order granting in part, denying in part [52-1] motion to compel dft to prod docs req in doc req no. 12 and 14 of plas first set of interrog/req for prod of docs to dft and doc req no. 1-11, 13-15, 17-33, 34(a), 34(c), 35-41 of plas second set of req for prod/docs (except as modified in order), plas' exp rpts due by 2/10/02 and plas' req for award of atty fees & costs against CA is denied signed by Judge Tena Campbell, 1/7/03 cc:atty (alt) [Entry date 01/09/03] 1/8/03 79 Minute entry: Ms. Deal states there are 16 top executives in Computer Associates. mr. Preston requests direct reports of those 16 top executives and those who report to those 16 executives. The court extends deadlines for expert reports for both sides to 2/10/03. All documents are to be produced by defendants NLT 1/17/03. The court executes order. ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) [Entry date 01/09/03] 1/9/03 78 Order for reasons set forth at close of 1/8/03 hrg, dft will comply w/ct's previous order no later than 1/17/03; failure to comply may result in sanctions signed by Judge Tena Campbell, 1/8/03 cc:atty (alt) [Entry date 01/09/03] 1/21/03 80 SEALED Motion by Computer Assoc Intl for protective order (alt) [Entry date 01/22/03] 1/21/03 81 SEALED Memorandum by Computer Assoc Intl in support of [80-1] motion for protective order (alt) [Entry date 01/22/03] 1/22/03 82 Certificate of service re: amd resp to plas' 2nd set of reqs for prod/docs, req no. 14, by Computer Assoc Intl (alt) [Entry date 01/23/03] 1/29/03 83 Memorandum by Canopy Grp, Ctr 7 in opposition to [80-1] motion for protective order (alt) [Entry date 01/29/03] 1/29/03 84 Affidavit of Ryan E. Tibbitts Re: [83-1] opposition memorandum (alt) [Entry date 01/29/03] 1/29/03 85 Stipulation by Canopy Grp, Ctr 7, Computer Assoc Intl stip to amend [30-1] Scheduling order (alt) [Entry date 01/30/03] 1/30/03 86 Minute entry. Counsel present for parties. Discussion heard on defendant's motion for protective order re: business plans. Ms. Deal informed the Court that the other two issues in the motion are no longer in question. Court made findings on the record and DENIED the motion for protective order. Court instructed Ms. Deal to provide all discovery no later than 1/31/03. Mr. Preston to prepare the proposed order. Court adjourned. denying [80-1] motion for protective order ; Judge: Samuel Alba Court Reporter: Electronic Tape No.: 3670 Log No.: 1287-2367 Court Deputy: A Bowers (asb) [Entry date 01/31/03] 2/4/03 87 Order denying [80-1] motion for protective order, CA to produce all business plans Ct previously ordered CA to produce, on or before 1/31/03 signed by Judge Samuel Alba, 2/4/03 cc:atty (alt) [Entry date 02/05/03] 2/6/03 88 Magistrate Notice of Hearing miscellaneous hearing re: noncompliance with [77-1] order compelling production of materials To be held before Judge Alba cc:atty (Ntc generated by: SA's secy) (alt) [Entry date 02/06/03] 2/6/03 89 Order granting [85-1] stipulated motion to amend [30-1] Scheduling order, scheduling order deadlines: setting Deadline for filing of all motions by 2/28/03 Attorney conference by 3/17/03 PTO due on 3/28/03 (SEE ORDER FOR DETAILS), terminated FPTC & Disc deadlines signed by Judge Tena Campbell, 2/5/03 cc:atty (alt) [Entry date 02/06/03] 2/21/03 -- CASE NO LONGER REFERRED TO Judge Ronald N. Boyce (alt) [Entry date 03/06/03] 2/21/03 110 Order of Reference to Mag Judge Samuuel Alba w/same type of reference as was previously designated for RNB signed by TC 2/21/03 (alt) [Entry date 03/06/03] 2/21/03 -- Case referred to Judge Samuel Alba (alt) [Entry date 03/06/03] 2/24/03 90 Ex parte motion by Canopy Grp, Ctr 7 to extend time to 3/7/03 for deadline for submitting plas' exp rpts (alt) [Entry date 02/25/03] 2/24/03 91 Memorandum by Canopy Grp, Ctr 7 in support of [90-1] ex parte motion to extend time to 3/7/03 for deadline for submitting plas' exp rpts (alt) [Entry date 02/25/03] 2/24/03 92 Designation of Expert Witness David J. Crapo filed by Computer Assoc Intl (alt) [Entry date 02/25/03] 2/25/03 93 Response by Computer Assoc Intl, stip to [90-1] ex parte motion to extend time to 3/7/03 for deadline for submitting plas' exp rpts (alt) [Entry date 02/26/03] 2/26/03 94 Order granting [90-1] ex parte motion to extend time to 3/7/03 for deadline for submitting plas' exp rpts signed by Judge Samuel Alba, 2/26/03 cc:atty (alt) [Entry date 02/27/03] 2/28/03 95 Motion by Computer Assoc Intl for partial summary judgment on cntclm for breach of contract (alt) [Entry date 03/03/03] 2/28/03 96 Memorandum by Computer Assoc Intl in support of [95-1] motion for partial summary judgment on cntclm for breach of contract (alt) [Entry date 03/03/03] 2/28/03 97 Motion by Computer Assoc Intl for partial summary judgment on plas' claims for breach of contract and breach of the implied covenent of good faith & fair dealing (alt) [Entry date 03/03/03] 2/28/03 98 Memorandum by Computer Assoc Intl in support of [97-1] motion for partial summary judgment on plas' claims for breach of contract and breach of the implied covenent of good faith & fair dealing (alt) [Entry date 03/03/03] 2/28/03 99 Motion by Computer Assoc Intl for partial summary judgment on plas' unjust enrichment claim (alt) [Entry date 03/03/03] 2/28/03 100 Memorandum by Computer Assoc Intl in support of [99-1] motion for partial summary judgment on plas' unjust enrichment claim (alt) [Entry date 03/03/03] 2/28/03 101 Motion by Computer Assoc Intl for partial summary judgment on plas' Lanham Act claim (alt) [Entry date 03/03/03] 2/28/03 102 Memorandum by Computer Assoc Intl in support of [101-1] motion for partial summary judgment on plas' Lanham Act claim (alt) [Entry date 03/03/03] 2/28/03 103 Motion by Canopy Grp, Ctr 7 for summary judgment on CA's cntclms re: sales tax (alt) [Entry date 03/03/03] 2/28/03 104 Memorandum by Canopy Grp, Ctr 7 in support of [103-1] motion for summary judgment on CA's cntclms re: sales tax (alt) [Entry date 03/03/03] 2/28/03 104 Request for Oral Argument filed by Canopy Grp, Ctr 7 on [103-1] motion for summary judgment on CA's cntclms re: sales tax (alt) [Entry date 03/03/03] 2/28/03 105 Motion by Canopy Grp, Ctr 7 for summary judgment on breach of contract claim (alt) [Entry date 03/03/03] 2/28/03 106 Memorandum by Canopy Grp, Ctr 7 in support of [105-1] motion for summary judgment on breach of contract claim (alt) [Entry date 03/03/03] 2/28/03 105 Request for Oral Argument filed by Canopy Grp, Ctr 7 on [105-1] motion for summary judgment on breach of contract claim (alt) [Entry date 03/03/03] 2/28/03 107 Motion by Canopy Grp, Ctr 7 for summary judgment on Comp Assoc Intl's cntclm (alt) [Entry date 03/03/03] 2/28/03 107 Request for Oral Argument filed by Canopy Grp, Ctr 7 on [107-1] motion for summary judgment on Comp Assoc Intl's cntclm (alt) [Entry date 03/03/03] [Edit date 03/03/03] 2/28/03 108 Memorandum by Canopy Grp, Ctr 7 in support of [107-1] motion for summary judgment on Comp Assoc Intl's cntclm (alt) [Entry date 03/03/03] 2/28/03 -- Transcript of Proceedings for date(s) of 12/18/02 re: motion hrg held before TC. Court Reporter: Raymond P. Fenlon (alt) [Entry date 03/03/03] 2/28/03 -- Transcript of Proceedings for date(s) of 1/8/03 re: Hrg on Disc Issues held before TC. Court Reporter: Raymond P. Fenlon (alt) [Entry date 03/03/03] 3/4/03 109 Trial order with instructions to counsel, Setting 3-week Jury Trial for 8:30 4/7/03; In-Chambers Conference set for 8:00 4/7/03; Final Pre-Trial Cnf has been vacated. Signed by Judge Tena Campbell 3/3/03 cc:attys (alt) [Entry date 03/04/03] 3/6/03 111 Motion and Order signed by Judge Tena Campbell, 3/4/03. Granting motion/PHV for Attorney Scott S. Barker on behalf of defendant Computer Assoc Intl cc:attys (alt) [Entry date 03/07/03] 3/7/03 112 Notice of filing by Computer Assoc Intl of accept of svc of subp by Kelly McDonald (alt) [Entry date 03/10/03] 3/7/03 113 Rule 26(a)(3) Dcls/Witness and exhibit list by Computer Assoc Intl (alt) [Entry date 03/10/03] 3/7/03 114 Notice of filing of exp rpt of James R. Kearl by Canopy Grp, Ctr 7 (alt) [Entry date 03/10/03] 3/7/03 115 Notice of filing of exp rpt of Derk G. Rasmussen by Canopy Grp, Ctr 7 (alt) [Entry date 03/10/03] 3/7/03 116 Rule 26(a)(3) Pretrial Dlcs/Witness and exhibit list by Canopy Grp, Ctr 7 (alt) [Entry date 03/10/03] 3/7/03 -- CASE NO LONGER REFERRED TO Judge Samuel Alba (alt) [Entry date 03/12/03] 3/7/03 118 Case referral reassigned to Judge David Nuffer cc: atty (alt) [Entry date 03/12/03] 3/11/03 117 Minute entry: The court continues 3 week jury trial set for 4/7/03 to 8/11/03 @ 8:30 a.m. Motion hearing set for 6/4/03 @ 2:30 p.m. Final pretrial conference set for 7/28/03 @ 3:00 p.m. The court will notify Magistrates Offices that no criminal trials are to be set during this three week period. Motion hearing set for 2:30 6/4/03 for [107-1] motion for summary judgment on Comp Assoc Intl's cntclm, set for 2:30 6/4/03 for [105-1] motion for summary judgment on breach of contract claim, set for 2:30 6/4/03 for [103-1] motion for summary judgment on CA's cntclms re: sales tax, set for 2:30 6/4/03 for [101-1] motion for partial summary judgment on plas' Lanham Act claim, set for 2:30 6/4/03 for [99-1] motion for partial summary judgment on plas' unjust enrichment claim, set for 2:30 6/4/03 for [97-1] motion for partial summary judgment on plas' claims for breach of contract and breach of the implied covenent of good faith & fair dealing, set for 2:30 6/4/03 for [95-1] motion for partial summary judgment on cntclm for breach of contract, Jury trial set for 8:30 8/11/03, Final Pretrial Conference set for 3:00 7/28/03 ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) [Entry date 03/11/03] 3/17/03 -- Transcript of Proceedings for date(s) of 1/30/03 beore SA re: mot/proto. Court Reporter: Dawn E. Brunner-Hahn (ce) [Entry date 03/18/03] 3/19/03 119 Certificate of service re: Supplemental Resps to plas' 1st Set of Interrogs by Computer Assoc Intl (alt) [Entry date 03/20/03] 3/19/03 120 Memorandum by Canopy Grp, Ctr 7 in opposition to [95-1] motion for partial summary judgment on cntclm for breach of contract (alt) [Entry date 03/20/03] 3/19/03 121 Memorandum by Canopy Grp, Ctr 7 in opposition to [97-1] motion for partial summary judgment on plas' claims for breach of contract and breach of the implied covenent of good faith & fair dealing (alt) [Entry date 03/20/03] 3/19/03 122 Memorandum by Canopy Grp, Ctr 7 in opposition to [99-1] motion for partial summary judgment on plas' unjust enrichment claim (alt) [Entry date 03/20/03] 3/19/03 123 Memorandum by Canopy Grp, Ctr 7 in opposition to [101-1] motion for partial summary judgment on plas' Lanham Act claim (alt) [Entry date 03/20/03] 3/19/03 124 Memorandum by Computer Assoc Intl in opposition to [105-1] motion for summary judgment on breach of contract claim (alt) [Entry date 03/20/03] 3/19/03 125 Memorandum by Computer Assoc Intl in opposition to [107-1] motion for summary judgment on Comp Assoc Intl's cntclm (alt) [Entry date 03/20/03] 3/19/03 126 SEALED Exhibit I filed by defendant Computer Assoc Intl with [125-1] opposition memorandum (alt) [Entry date 03/20/03] 3/19/03 127 SEALED Exhibit K filed by defendant Computer Assoc Intl with [125-1] opposition memorandum (alt) [Entry date 03/20/03] [Edit date 03/20/03] 3/19/03 128 SEALED Exhibit L filed by defendant Computer Assoc Intl with [125-1] opposition memorandum (alt) [Entry date 03/20/03] [Edit date 03/20/03] 3/19/03 129 SEALED Exhibit R filed by defendant Computer Assoc Intl with [125-1] opposition memorandum (alt) [Entry date 03/20/03] 3/19/03 130 Motion by Computer Assoc Intl to hold in abeyance cross-motions for sumjgm on the sales tax issue (alt) [Entry date 03/20/03] 3/19/03 130 Response by Computer Assoc Intl re: [103-1] motion for summary judgment on CA's cntclms re: sales tax (alt) [Entry date 03/20/03] 3/25/03 131 Case re-referred to Judge Samuel Alba cc: atty (alt) [Entry date 03/26/03] 3/25/03 132 2ND Stipulation by Canopy Grp, Ctr 7, Computer Assoc Intl to amend [89-1] scheduling order: Special Atty Cnf to be held by 7/16/03, pretrial order due 7/28/03 & other misc due dates moved (see motion for details) (alt) [Entry date 03/26/03] 3/26/03 133 Minute entry: After hearing from counsel, Court will allow defendants to take a subsequent deposition of the expert witnesses. Both depositions are to be completed within the original 8 hours set in the schedule. Only issues raised in the first deposition may be addressed in the rebuttal depositions. Mr. Johnson to prepare an order. Judge: Samuel Alba Court Reporter: Electronic Tape No.: 3690 Log No.: 626-1021 Court Deputy: S Schaerrer (ss) [Entry date 03/26/03] 3/26/03 134 Order granting [132-1] stipulated motion to amend [89-1] scheduling order: Special Atty Cnf to be held by 7/16/03, pretrial order due 7/28/03 & other misc due dates moved (SEE ORDER for details), scheduling order deadlines: setting PTO due on 7/28/03; Deadline for Hearing of all Motions 6/4/03; Special Attorney conference by 7/16/03; Final Pretrial Conference for 3:00 7/28/03 signed by Judge Tena Campbell, 3/26/03 cc:atty (alt) [Entry date 03/27/03] 4/2/03 135 Order allowing Computer Assoc to Take Rebuttal Deposition of plas' exp witnesses signed by Judge Samuel Alba, 4/2/03 cc:atty (alt) [Entry date 04/03/03] 4/4/03 136 Stipulation by Canopy Grp, Ctr 7 stip to extend time 4/11/03 for ptys to file rply meme on x-mots/sumjgm (alt) [Entry date 04/07/03] 4/8/03 137 Order granting [136-1] stipulated motion to extend time 4/11/03 for ptys to file rply meme on x-mots/sumjgm signed by Judge Tena Campbell, 4/8/03 cc:atty (alt) [Entry date 04/09/03] 4/8/03 138 Affidavit of Andrew L. Richards (alt) [Entry date 04/09/03] 4/11/03 139 Reply by Canopy Grp, Ctr 7 to response to [103-1] motion for summary judgment on CA's cntclms re: sales tax (alt) [Entry date 04/15/03] 4/11/03 140 Motion by Canopy Grp, Ctr 7 in the alternative, for partial dismissal of CA's cntclms re: sales tax (alt) [Entry date 04/15/03] 4/11/03 141 Memorandum by Canopy Grp, Ctr 7 in support of [140-1] motion in the alternative, for partial dismissal of CA's cntclms re: sales tax (alt) [Entry date 04/15/03] 4/11/03 141 Request for Argument filed by Canopy Grp, Ctr 7 on [140-1] motion in the alternative, for partial dismissal of CA's cntclms re: sales tax (alt) [Entry date 04/15/03] 4/11/03 142 Ex parte motion by Canopy Grp, Ctr 7 for leave to file overlength rply memo/supp of mot no. 105 (alt) [Entry date 04/15/03] 4/11/03 143 Reply by Canopy Grp, Ctr 7 to response to [105-1] motion for summary judgment on breach of contract claim (alt) [Entry date 04/15/03] 4/11/03 144 Ex parte motion by Canopy Grp, Ctr 7 for leave to file overlength rply mem/supp of mot no. 107 (alt) [Entry date 04/15/03] 4/11/03 145 Reply by Canopy Grp, Ctr 7 to response to [107-1] motion for summary judgment on Comp Assoc Intl's cntclm (alt) [Entry date 04/15/03] 4/11/03 146 Memorandum by Canopy Grp, Ctr 7 in opposition to [130-1] motion to hold in abeyance cross-motions for sumjgm on the sales tax issue (alt) [Entry date 04/15/03] 4/11/03 147 Motion by Canopy Grp, Ctr 7 to strike David J. Crapo's exp witness rpt, in limine to excl David J. Crapo from testifying at trial (alt) [Entry date 04/15/03] 4/11/03 148 Memorandum by Canopy Grp, Ctr 7 in support of [147-1] motion to strike David J. Crapo's exp witness rpt, [147-2] motion in limine to excl David J. Crapo from testifying at trial (alt) [Entry date 04/15/03] 4/11/03 148 Request for Argument filed by Canopy Grp, Ctr 7 on [147-1] motion to strike David J. Crapo's exp witness rpt, [147-2] motion in limine to excl David J. Crapo from testifying at trial (alt) [Entry date 04/15/03] 4/11/03 149 Reply by Computer Assoc Intl to response to [95-1] motion for partial summary judgment on cntclm for breach of contract (alt) [Entry date 04/15/03] 4/11/03 150 Reply by Computer Assoc Intl to response to [97-1] motion for partial summary judgment on plas' claims for breach of contract and breach of the implied covenent of good faith & fair dealing (alt) [Entry date 04/15/03] 4/11/03 151 Reply by Computer Assoc Intl to response to [99-1] motion for partial summary judgment on plas' unjust enrichment claim (alt) [Entry date 04/15/03] 4/11/03 152 Reply by Computer Assoc Intl to response to [101-1] motion for partial summary judgment on plas' Lanham Act claim (alt) [Entry date 04/15/03] 4/11/03 153 Notice of filing of Exp Rpt of Paul K. Meyer by Computer Assoc Intl (alt) [Entry date 04/15/03] 4/11/03 154 Notice of filing of Exp Rpt of Andy Efstathiou by Computer Assoc Intl (alt) [Entry date 04/15/03] 4/15/03 155 Declaration of David Kaplan (original signature) (alt) [Entry date 04/16/03] 4/16/03 156 Exhibits filed by defendant Computer Assoc Intl RE: [155-1] declaration of David Kaplan (alt) [Entry date 04/17/03] 4/28/03 157 Certificate of service re: 4th Suppl to Initial Dcls by Canopy Grp, Ctr 7 (alt) [Entry date 04/29/03] 4/28/03 158 Memorandum by Computer Assoc Intl in opposition to [140-1] motion in the alternative, for partial dismissal of CA's cntclms re: sales tax (alt) [Entry date 04/29/03] 4/28/03 159 Memorandum by Computer Assoc Intl in opposition to [147-1] motion to strike David J. Crapo's exp witness rpt, [147-2] motion in limine to excl David J. Crapo from testifying at trial (alt) [Entry date 04/29/03] 4/28/03 160 Reply by Computer Assoc Intl to response to [130-1] motion to hold in abeyance cross-motions for sumjgm on the sales tax issue (alt) [Entry date 04/29/03] 5/2/03 161 Certificate of service re: supplemental answers to 1st set of interrogs by Canopy Grp, Ctr 7 (alt) [Entry date 05/02/03] 5/2/03 162 Notice of UT St Tax Commission Decision RE: Sales Tax filed by Computer Assoc Intl (alt) [Entry date 05/05/03] 5/8/03 163 SEALED Motion by Computer Assoc Intl in limine to exclude suppl damages disclosures re: dft Computer Assoc Intl (ce) [Entry date 05/09/03] [Edit date 05/09/03] 5/8/03 163 SEALED Memorandum by Computer Assoc Intl in support of [163-1] motion in limine to exclude suppl damages disclosures re: dft Computer Assoc Intl (ce) [Entry date 05/09/03] 5/9/03 164 Notice of filing of Exp Rpt of James R. Kearl by Canopy Grp, Ctr 7 (alt) [Entry date 05/13/03] 5/12/03 165 Notice of filing Rebeuttal Exp Rpt of Derk G. Rasmussen by Canopy Grp, Ctr 7 (alt) [Entry date 05/13/03] 5/13/03 166 Reply by Canopy Grp, Ctr 7 to response to [147-1] motion to strike David J. Crapo's exp witness rpt, [147-2] motion in limine to excl David J. Crapo from testifying at trial (alt) [Entry date 05/14/03] 5/13/03 167 Reply by Canopy Grp, Ctr 7 to response to [140-1] motion in the alternative, for partial dismissal of CA's cntclms re: sales tax (alt) [Entry date 05/14/03] 5/13/03 168 Ex parte motion by Canopy Grp, Ctr 7 for leave to file overlength memo/supp of mot/partial dism (alt) [Entry date 05/14/03] 5/14/03 169 SEALED Motion by Computer Assoc Intl to exclude evid which fails to meet Daubert & Kuhmo Tire (alt) [Entry date 05/15/03] 5/14/03 169 Request for Oral Argument filed by Computer Assoc Intl on [169-1] motion to exclude evid which fails to meet Daubert & Kuhmo Tire (alt) [Entry date 05/15/03] 5/15/03 170 Order granting [168-1] ex parte motion for leave to file overlength memo/supp of mot/partial dism signed by Judge Tena Campbell, 5/15/03 cc:atty (alt) [Entry date 05/16/03] 5/20/03 171 Notice of attorney appearance for Canopy Grp, Ctr 7 by Max D Wheeler (alt) [Entry date 05/22/03] 5/29/03 172 Minute entry: The court sets dispositive motion hearing for 7/15/03 @ 2:00 p.m. Daubert hearing is set for 7/16/03 @ 2:00 p.m. The court will reserve 7/17 and 7/18/03 if needed for dispositive motion hearing. The court will prepare an order. Motion hearing set for 2:00 7/15/03 for [107-1] motion for summary judgment on Comp Assoc Intl's cntclm, set for 2:00 7/15/03 for [105-1] motion for summary judgment on breach of contract claim, set for 2:00 7/15/03 for [103-1] motion for summary judgment on CA's cntclms re: sales tax, set for 2:00 7/15/03 for [101-1] motion for partial summary judgment on plas' Lanham Act claim, set for 2:00 7/15/03 for [99-1] motion for partial summary judgment on plas' unjust enrichment claim, set for 2:00 7/15/03 for [97-1] motion for partial summary judgment on plas' claims for breach of contract and breach of the implied covenent of good faith & fair dealing, set for 2:00 7/15/03 for [95-1] motion for partial summary judgment on cntclm for breach of contract ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) [Entry date 05/30/03] 5/30/03 173 Order mooting [130-1] motion to hold in abeyance cross-motions for sumjgm on the sales tax issue, mooting [66-1] motion for ltd intervention by SL Tribune, mooting [66-2] motion to unseal judicial records to provide public access to the crt file, granting [144-1] ex parte motion for leave to file overlength rply mem/supp of mot no. 107, granting [142-1] ex parte motion for leave to file overlength rply memo/supp of mot no. 105, withdrawing the reference to Judge Alba re: motions 147, 169 & 163: Judge Campbell will hear these motions signed by Judge Tena Campbell, 5/30/03 cc:atty (alt) [Entry date 06/02/03] 6/6/03 174 Ex parte motion by Canopy Grp, Ctr 7 for leave to file overlength mem/opp to mot/inlim to excl suppl damages dcls (alt) [Entry date 06/09/03] 6/6/03 175 Memorandum by Canopy Grp, Ctr 7 in opposition to [163-1] motion in limine to exclude suppl damages disclosures re: dft Computer Assoc Intl (alt) [Entry date 06/09/03] 6/6/03 176 Ex parte motion by Canopy Grp, Ctr 7 for leave to file overlength mem/opp to mot/excl (alt) [Entry date 06/09/03] 6/6/03 177 Memorandum by Canopy Grp, Ctr 7 in opposition to [169-1] motion to exclude evid which fails to meet Daubert & Kuhmo Tire (alt) [Entry date 06/09/03] 6/16/03 178 Errata to [108-1] support memorandum filed by Canopy Grp, Ctr 7 (alt) [Entry date 06/18/03] 6/20/03 179 Ex parte motion by Computer Assoc Intl for leave to file overlength rply mem to mot/excl evid which fails to meet Daubert & Kuhmo Tire (alt) [Entry date 06/23/03] 6/20/03 180 Reply by Computer Assoc Intl to response to [169-1] motion to exclude evid which fails to meet Daubert & Kuhmo Tire (alt) [Entry date 06/23/03] 6/20/03 181 Ex parte motion by Computer Assoc Intl for leave to file overlength rply mem to mot/in lim to excl suppl damages dcls (alt) [Entry date 06/23/03] 6/20/03 182 Reply by Computer Assoc Intl to response to [163-1] motion in limine to exclude suppl damages disclosures re: dft Computer Assoc Intl (alt) [Entry date 06/23/03] 6/23/03 183 Ex parte order granting dft Computer Assoc Intl [179-1] ex parte motion for leave to file overlength rply mem to mot/excl evid which fails to meet Daubert & Kuhmo Tire signed by TC, 6/23/03. cc: atty (ce) [Entry date 06/25/03] 6/23/03 184 Ex parte order granting dft Computer Assoc Intl [181-1] ex parte motion for leave to file overlength rply mem to mot/in lim to excl suppl damages dcls signed by TC, 6/23/03. cc: atty (ce) [Entry date 06/25/03] 7/1/03 185 Stipulation by Canopy Grp, Ctr 7, Computer Assoc Intl stip for scheduling for Ct to hear ptys' sumjgm & Daubert motions (alt) [Entry date 07/02/03] 7/1/03 186 Stipulation by Canopy Grp, Ctr 7, Computer Assoc Intl stip for 3rd amendment of [134-1] scheduling order deadlines (alt) [Entry date 07/02/03] 7/10/03 187 Motion by Computer Assoc Intl to amend order in which the court will consider the ptys' sum/jgm and Daubert motions (kam) [Entry date 07/11/03] 7/10/03 188 Certificate of service by Computer Assoc Intl re: 2nd supl to Rule 26(a)(1) initial disclosures (kam) [Entry date 07/11/03] 7/11/03 189 Order granting [186-1] stipulation motion stip for 3rd amendment of [134-1] scheduling order deadlines signed by Judge Tena Campbell , 7/10/03 cc:atty (kam) [Entry date 07/11/03] 7/11/03 190 SEALED Motion & Memo in Supp by Computer Assoc Intl in limine to exclude evid of punitive damages (alt) [Entry date 07/14/03] 7/11/03 191 Motion by Computer Assoc Intl in limine to exclude evid of pre-contract negotiations (alt) [Entry date 07/14/03] 7/11/03 192 Memorandum by Computer Assoc Intl in support of [191-1] motion in limine to exclude evid of pre-contract negotiations (alt) [Entry date 07/14/03] 7/11/03 193 Motion by Computer Assoc Intl in limine to exclude evid re: license keys (alt) [Entry date 07/14/03] 7/11/03 194 Memorandum by Computer Assoc Intl in support of [193-1] motion in limine to exclude evid re: license keys (alt) [Entry date 07/14/03] 7/11/03 195 Motion by Computer Assoc Intl in limine to exclude evid of wealth (alt) [Entry date 07/14/03] 7/11/03 196 Memorandum by Computer Assoc Intl in support of [195-1] motion in limine to exclude evid of wealth (alt) [Entry date 07/14/03] 7/11/03 197 Motion by Computer Assoc Intl in limine to exclude plas' false allegations of acctg fraud associated with 3/31/00 transaction (alt) [Entry date 07/14/03] 7/11/03 198 Memorandum by Computer Assoc Intl in support of [197-1] motion in limine to exclude plas' false allegations of acctg fraud associated with 3/31/00 transaction (alt) [Entry date 07/14/03] 7/11/03 199 Motion by Computer Assoc Intl in limine to exclude from evid media reports of its business (alt) [Entry date 07/14/03] 7/11/03 200 Memorandum by Computer Assoc Intl in support of [199-1] motion in limine to exclude from evid media reports of its business (alt) [Entry date 07/14/03] 7/11/03 201 Motion by Computer Assoc Intl in limine to exclude evid of SEC investigation (alt) [Entry date 07/14/03] 7/11/03 202 Memorandum by Computer Assoc Intl in support of [201-1] motion in limine to exclude evid of SEC investigation (alt) [Entry date 07/14/03] 7/11/03 203 Motion by Computer Assoc Intl in limine to exclude evid re: Comp Assoc's reputation (alt) [Entry date 07/14/03] 7/11/03 204 Memorandum by Computer Assoc Intl in support of [203-1] motion in limine to exclude evid re: Comp Assoc's reputation (alt) [Entry date 07/14/03] 7/11/03 205 Motion by Canopy Grp, Ctr 7 in limine to exclude testimoy of D Hoffman and M Gordon (alt) [Entry date 07/14/03] 7/11/03 205 Request for Oral Argument filed by Canopy Grp, Ctr 7 on [205-1] motion in limine to exclude testimoy of D Hoffman and M Gordon (alt) [Entry date 07/14/03] 7/11/03 206 Memorandum by Canopy Grp, Ctr 7 in support of [205-1] motion in limine to exclude testimoy of D Hoffman and M Gordon (alt) [Entry date 07/14/03] 7/11/03 207 Motion by Canopy Grp, Ctr 7 in limine to exclude all evid of other litigation involving plas or related entities (alt) [Entry date 07/14/03] 7/11/03 207 Request for Oral Argument filed by Canopy Grp, Ctr 7 on [207-1] motion in limine to exclude all evid of other litigation involving plas or related entities (alt) [Entry date 07/14/03] 7/11/03 208 Memorandum by Canopy Grp, Ctr 7 in support of [207-1] motion in limine to exclude all evid of other litigation involving plas or related entities (alt) [Entry date 07/14/03] 7/14/03 209 Order denying as moot [187-1] motion to amend order in which the court will consider the ptys' sum/jgm and Daubert motions signed by Judge Tena Campbell, 7/11/03 cc:atty (alt) [Entry date 07/15/03] 7/14/03 210 Trial order with instructions to counsel, Setting 15 Day Jury Trial for 8:30 8/11/03; Final pre-trial conference set for 3:00 7/28/03; In-Chambers Conference set for 8:00 8/11/03. Signed by Judge Tena Campbell 7/11/03 cc:attys (alt) [Entry date 07/15/03] 7/14/03 212 Supplement to Rule 26(a)(3) dcls/Witness and exhibit list by Computer Assoc Intl (alt) [Entry date 07/15/03] 7/14/03 213 Certificate of service re: 3rd supplement to Rule 26(a)(1) intitial dcls by Computer Assoc Intl (alt) [Entry date 07/15/03] 7/15/03 211 AMENDED Notice of Hearing filed: Final Pretrial Conference reset for 2:30 8/7/03 To be held before Judge TC cc:atty (Ntc generated by: Chmbrs, TB) (alt) [Entry date 07/15/03] 7/15/03 215 Minute entry: After hearing argument from counsel, the court makes the following rulings: The court denies cross motions for summary judgment regarding sales tax; denies motion for summary judgment regarding unjust enrichment and grants motion in limine regarding the testimony of Mr. Crapo. Hearing is continued to 7/16/03 @ 9:00 a.m. ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) [Entry date 07/17/03] 7/16/03 216 Minute entry: After hearing argument from counsel, the court denies motion for summary judgment regarding breach of contract, denies motion for summary judgment regarding the Landham Act and grants motion for summary judgment on Computer Associates counterclaim. Hearing continued to 7/22/02 @ 10:00 a.m. ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) [Entry date 07/17/03] 7/16/03 217 Certificate of service re: Rule 26(a)(3) First Amd Pretrial Dcls by Canopy Grp, Ctr 7 (alt) [Entry date 07/17/03] 7/17/03 214 Order granting [147-1] motion to strike David J. Crapo's exp witness rpt, granting [147-2] motion in limine to excl David J. Crapo from testifying at trial, denying [140-1] motion in the alternative, for partial dismissal of CA's cntclms re: sales tax, granting [107-1] motion for summary judgment on Comp Assoc Intl's cntclm, denying [105-1] motion for summary judgment on breach of contract claim, denying [103-1] motion for summary judgment on CA's cntclms re: sales tax, denying [101-1] motion for partial summary judgment on plas' Lanham Act claim, [99-1] motion for partial summary judgment on plas' unjust enrichment claim taken under advisement, denying [97-1] motion for partial summary judgment on plas' claims for breach of contract and breach of the implied covenent of good faith & fair dealing, denying [95-1] motion for partial summary judgment on cntclm for breach of contract; signed by Judge Tena Campbell, 7/15/03 cc:atty (alt) [Entry date 07/17/03] 7/21/03 218 2ND Supplement to Witness and exhibit list by Computer Assoc Intl (alt) [Entry date 07/22/03] 7/21/03 219 Response by Computer Assoc Intl to [207-1] motion in limine to exclude all evid of other litigation involving plas or related entities (alt) [Entry date 07/22/03] 7/21/03 220 Motion by Computer Assoc Intl for certification of question of St law to UT Supreme Ct, to stay proceedings pending outcome of cert to UT Supreme Ct (alt) [Entry date 07/22/03] 7/21/03 221 Memorandum by Computer Assoc Intl in support of [220-1] motion for certification of question of St law to UT Supreme Ct, [220-2] motion to stay proceedings pending outcome of cert to UT Supreme Ct (alt) [Entry date 07/22/03] 7/22/03 222 Order denying [220-1] motion for certification of question of St law to UT Supreme Ct, denying [220-2] motion to stay proceedings pending outcome of cert to UT Supreme Ct signed by Judge Tena Campbell, 7/22/03 cc:atty (alt) [Entry date 07/23/03] 7/22/03 224 Minute entry: The court hears testimony of Dr. James Rusell Kearl, plaintiff's expert and Andrew Efstathiou, defendant's expert. The court finds Dr. Kearl is qualified and will be allowed to testify a an expert economist. The court directs counsel to exchange graphics to be used at trial by 8/4/03. ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) [Entry date 07/28/03] 7/25/03 225 Objections by Computer Assoc Intl to plas' Rule 26(a)(3) Dcls (alt) [Entry date 07/29/03] 7/28/03 223 Order granting in part, denying in part [169-1] motion to exclude evid which fails to meet Daubert & Kuhmo Tire (James R. Kearl will be allowed to express his opinion re: lost profits); denying [163-1] motion in limine to exclude suppl damages disclosures re: dft Computer Assoc Intl; denying [220-1] motion for certification of question of St law to UT Supreme Ct, denying [220-2] motion to stay proceedings pending outcome of cert to UT Supreme Ct; ptys to exchange graphics by 8/4/03; all remaining motions will be addressed during the 8/7/03 final pretrial cnf; signed by Judge Tena Campbell, 7/22/03 cc:atty (alt) [Entry date 07/28/03] 7/28/03 226 Memorandum by Computer Assoc Intl in opposition to [205-1] motion in limine to exclude testimony of D Hoffman and M Gordon (alt) [Entry date 07/29/03] 7/28/03 227 Memorandum by Canopy Grp, Ctr 7 in opposition to [190-1] motion in limine to exclude evid of punitive damages (alt) [Entry date 07/29/03] 7/28/03 228 Memorandum by Canopy Grp, Ctr 7 in opposition to [191-1] motion in limine to exclude evid of pre-contract negotiations (alt) [Entry date 07/29/03] 7/28/03 229 Memorandum by Canopy Grp, Ctr 7 in opposition to [193-1] motion in limine to exclude evid re: license keys (alt) [Entry date 07/29/03] 7/28/03 230 Memorandum by Canopy Grp, Ctr 7 in opposition to [195-1] motion in limine to exclude evid of wealth (alt) [Entry date 07/29/03] 7/28/03 231 Memorandum by Canopy Grp, Ctr 7 in opposition to [197-1] motion in limine to exclude plas' false allegations of acctg fraud associated with 3/31/00 transaction (alt) [Entry date 07/29/03] 7/28/03 232 Memorandum by Canopy Grp, Ctr 7 in opposition to [199-1] motion in limine to exclude from evid media reports of its business (alt) [Entry date 07/29/03] 7/28/03 233 Memorandum by Canopy Grp, Ctr 7 in opposition to [201-1] motion in limine to exclude evid of SEC investigation (alt) [Entry date 07/29/03] 7/28/03 234 Memorandum by Canopy Grp, Ctr 7 in opposition to [203-1] motion in limine to exclude evid re: Comp Assoc's reputation (alt) [Entry date 07/29/03] 7/28/03 235 Final Exhibit list by Canopy Grp, Ctr 7 (alt) [Entry date 07/29/03] 7/28/03 236 Final Exhibit list by Computer Assoc Intl (alt) [Entry date 07/29/03] 7/28/03 237 Stipulation by Canopy Grp, Ctr 7, Computer Assoc Intl stip to amend [134-1] scheduling order for 4th time (alt) [Entry date 07/29/03] 7/29/03 238 Objections by Canopy Grp, Ctr 7 to dft's Rule 26(a)(3) Dcls (alt) [Entry date 07/29/03] 7/29/03 239 Proposed Voir dire questions by Canopy Grp, Ctr 7 (alt) [Entry date 07/30/03] 7/29/03 240 Proposed Voir dire questions by Computer Assoc Intl (alt) [Entry date 07/30/03] 7/30/03 241 Certificate of service re: suppl to Rule 26(a)(3) 1st amd pretrial dcls by Canopy Grp, Ctr 7 (alt) [Entry date 07/31/03] 7/30/03 242 Order granting [237-1] stipulated motion to amend [134-1] scheduling order for 4th time, 4th amd scheduling order deadlines: setting PTO due on 8/4/03; Final Pretrial Conference for 2:30 8/7/03; see order for filing deadlines signed by Judge Tena Campbell, 7/30/03 cc:atty (alt) [Entry date 08/05/03] [Edit date 08/07/03] 7/31/03 243 Third Supplement to Rule 26(a)(3) Dcls/Witness and exhibit list by Computer Assoc Intl (alt) [Entry date 08/05/03] 8/1/03 244 Motion by Computer Assoc Intl to exclude/preclude use of videotaped depo excerpts during plas' opening stmt (alt) [Entry date 08/05/03] 8/1/03 245 Memorandum by Computer Assoc Intl in support of [244-1] motion to exclude/preclude use of videotaped depo excerpts during plas' opening stmt (alt) [Entry date 08/05/03] 8/1/03 246 Motion by Computer Assoc Intl to extend time to 8/5/03 for filing of jy instructions (alt) [Entry date 08/05/03] 8/4/03 247 Order granting [246-1] motion to extend time to 8/5/03 for filing of jy instructions signed by Judge Tena Campbell, 8/4/03 cc:atty (alt) [Entry date 08/05/03] 8/4/03 248 Proposed Special Verdict Form by Canopy Grp, Ctr 7 (alt) [Entry date 08/05/03] 8/4/03 249 Proposed Special Verdict Form by Computer Assoc Intl (alt) [Entry date 08/07/03] 8/5/03 250 Stipulation by Canopy Grp, Ctr 7, Computer Assoc Intl stip to amend [242-1] 4th amd scheduling order deadlines: setting PTO due on 8/4/03; Final Pretrial Conference for 2:30 8/7/03; see order for filing deadlines (alt) [Entry date 08/07/03] 8/5/03 251 Proposed Jury Instructions by Canopy Grp, Ctr 7 (alt) [Entry date 08/07/03] 8/5/03 253 Proposed Joint Jury Instructions by Canopy Grp, Ctr 7, Computer Assoc Intl (alt) [Entry date 08/07/03] 8/6/03 252 Proposed Jury Instructions by Computer Assoc Intl (alt) [Entry date 08/07/03] 8/6/03 254 Memorandum by Canopy Grp, Ctr 7 in opposition to [244-1] motion to exclude/preclude use of videotaped depo excerpts during plas' opening stmt (alt) [Entry date 08/07/03] 8/6/03 255 Reply by Canopy Grp, Ctr 7 to response to [205-1] motion in limine to exclude testimoy of D Hoffman and M Gordon (alt) [Entry date 08/07/03] 8/6/03 256 SUPPLEMENTAL Proposed Joint Jury Instructions by Canopy Grp, Ctr 7, Computer Assoc Intl (alt) [Entry date 08/07/03] 8/6/03 257 SUBSTITUTED Proposed Jury Instructions by Computer Assoc Intl (alt) [Entry date 08/07/03] 8/6/03 258 Pretrial order filed: Jury Trial for 8:30 8/11/03 Signed by Judge Tena Campbell 8/6/03 cc: atty (alt) [Entry date 08/07/03] 8/6/03 259 Reply by Computer Assoc Intl to response to [190-1] motion in limine to exclude evid of punitive damages (alt) [Entry date 08/07/03] 8/6/03 260 Reply by Computer Assoc Intl to response to [191-1] motion in limine to exclude evid of pre-contract negotiations (alt) [Entry date 08/07/03] 8/6/03 261 Reply by Computer Assoc Intl to response to [193-1] motion in limine to exclude evid re: license keys (alt) [Entry date 08/07/03] 8/6/03 262 Reply by Computer Assoc Intl to response to [195-1] motion in limine to exclude evid of wealth (alt) [Entry date 08/07/03] 8/6/03 263 Reply by Computer Assoc Intl to response to [197-1] motion in limine to exclude plas' false allegations of acctg fraud associated with 3/31/00 transaction (alt) [Entry date 08/07/03] 8/6/03 264 Reply by Computer Assoc Intl to response to [199-1] motion in limine to exclude from evid media reports of its (alt) [Entry date 08/07/03] 8/6/03 265 Reply by Computer Assoc Intl to response to [201-1] motion in limine to exclude evid of SEC investigation (alt) [Entry date 08/07/03] 8/6/03 266 Reply by Computer Assoc Intl to response to [203-1] motion in limine to exclude evid re: Comp Assoc's reputation (alt) [Entry date 08/07/03] 8/7/03 267 5TH Order granting [250-1] stipulated motion to amend [242-1] 4th amd scheduling order deadlines; see order for filing deadlines signed by Judge Tena Campbell, 8/6/03 cc:atty (alt) [Entry date 08/07/03] 8/7/03 268 Errata to [258-1] pre-trial order filed by Canopy Grp, Ctr 7 (alt) [Entry date 08/07/03] 8/7/03 269 Reply by Computer Assoc Intl to response to [244-1] motion to exclude/preclude use of videotaped depo excerpts during plas' opening stmt (alt) [Entry date 08/07/03] 8/7/03 270 Objections by Computer Assoc Intl to plas' [251-1] instructions jury, [256-1] instructions jury (alt) [Entry date 08/08/03] 8/7/03 271 Objections by Canopy Grp, Ctr 7 to dft's [257-1] instructions jury (alt) [Entry date 08/08/03] 8/7/03 272 Objections by Canopy Grp, Ctr 7 to dft's [249-1] proposed special verdict form (alt) [Entry date 08/08/03] 8/7/03 273 Minute entry: Counsel state they are in settlement negotiations. The court may assess costs of jury if case settles after 8/9/03 @ 10:00 a.m. ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) [Entry date 08/11/03] 8/11/03 276 Minute entry: The court meets with counsel to discuss proposed voir dire questions and trial procedure. Counsel are very close to settlement, but the court will proceed with jury selection until a settlement has been reached. Thirty-five jurors are present, of which 12 are chosen, sworn and seated. Jurors are excused at noon and directed to return at 8:35 8/12/03. At 3:30 p.m., the court has received written confirmation that case has settled. All jurors will be notified and directed not to return to court. ; Judge: Tena Campbell Court Reporter: Ray Fenlon Court Deputy: Theresa Brown (tb) [Entry date 08/13/03] 8/12/03 274 Stipulation by Canopy Grp, Ctr 7, Computer Assoc Intl stip to dismiss entire action w/prej; each pty to bear own costs & fees; Ct to retain jurisdiction for purposes of enforcing this stip, stlmt agreement & prot order (alt) [Entry date 08/13/03] 8/12/03 275 Order granting [274-1] stipulated motion to dismiss entire action w/prej; each pty to bear own costs & fees; Ct to retain jurisdiction for purposes of enforcing this stip, stlmt agreement & prot order signed by Judge Tena Campbell, 8/12/03 cc:atty (alt) [Entry date 08/13/03] 8/12/03 -- CASE NO LONGER REFERRED TO Judge Samuel Alba (alt) [Entry date 08/13/03] 8/12/03 -- Case closed per order no. 275 (alt) [Entry date 08/13/03] 8/13/03 -- Partial Transcript of Proceedings for date(s) of 7/16/03 re: motion hearing held before TC. Court Reporter: Raymond P. Fenlon (alt) [Entry date 08/18/03] 8/13/03 -- Partial Transcript of Proceedings for date(s) of 7/15/03 re: motion hrg held before TC. Court Reporter: Raymond P. Fenlon (alt) [Entry date 08/18/03]