CLOSED

  Electronic Case Filing System
District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:96-cv-00645-DB


Caldera v. Microsoft
Assigned to: Judge Dee Benson
Demand: $0
Cause: 28:1337 Sherman-Clayton Act

Date Filed: 07/23/1996
Jury Demand: Plaintiff
Nature of Suit: 410 Anti-Trust
Jurisdiction: Federal Question

Date Filed

#

Docket Text

07/23/19961Complaint filed, assigned to Judge Dee Benson Receipt #: 75134 (Entered: 07/25/1996)
07/23/1996 Jury Flag set (Entered: 07/25/1996)
08/01/1996 Motion by Caldera for Parker C. Folse, III to appear pro hac vice on behalf of pla (ce) (Entered: 08/02/1996)
08/07/1996 Motion by Caldera for Stephen D. Susman to appear pro hac vice on behalf of pla (ce) (Entered: 08/08/1996)
08/08/1996 Motion by Caldera for Ralph H. Palumbo (lead), Lynn M. Engel, Robert D. Fram to appear pro hac vice on behalf of pla (ce) (Entered: 08/09/1996)
08/08/19962Certificate of service of [1-1] complaint & summons by Caldera (ce) (Entered: 08/09/1996)
08/15/19963Order granting [0-1] motion for Parker C. Folse, III to appear pro hac vice on behalf of pla signed by DB, 8/14/96 cc: attys (ss) (Entered: 08/15/1996)
08/15/19964Order granting [0-1] motion for Stephen D. Susman to appear pro hac vice on behalf of pla signed by DB, 8/15/96 cc: attys (ss) (Entered: 08/15/1996)
08/15/19965Answer to Complaint by Microsoft (ss) (Entered: 08/16/1996)
08/21/1996 Motion by Caldera for Charles R. Eskridge III to appear pro hac vice on behalf of pla (ce) (Entered: 08/21/1996)
08/26/1996 Motion by Caldera for M. Laurence Popofsky to appear pro hac vice on behalf of pla (ce) (Entered: 08/27/1996)
09/03/19966Order granting [0-1] motion for Charles R. Eskridge III to appear pro hac vice on behalf of pla signed by DB, 8/30/96. cc: atty (ce) (Entered: 09/03/1996)
09/03/1996 Motion by Microsoft for Richard J. Urowsky (lead); Steven L. Holley and Richard C. Pepperman, II to appear pro hac vice on behalf of dft (ce) (Entered: 09/04/1996)
09/10/19967Order granting [0-1] motion for M. Laurence Popofsky to appear pro hac vice on behalf of pla signed by DB, 9/6/96. cc: atty (ce) (Entered: 09/10/1996)
09/10/19968Order granting [0-1] motion for Richard J. Urowsky (lead); Steven L. Holley and Richard C. Pepperman, II to appear pro hac vice on behalf of dft signed by DB, 9/6/96. cc: atty (ce) (Entered: 09/10/1996)
09/16/1996 Motion by Microsoft for Thomas W. Burt, William H. Neukom, David A. Heiner to appear pro hac vice (ss) (Entered: 09/16/1996)
09/18/19969Order granting [0-1] motion for Thomas W. Burt, William H. Neukom, David A. Heiner to appear pro hac vice on behalf of dft Microsoft signed by DB, 9/17/96. cc: atty (ce) (Entered: 09/18/1996)
09/18/1996 Motion by Microsoft for James R. Weiss to appear pro hac vice on behalf of dft (ce) (Entered: 09/19/1996)
09/30/199610Order granting [0-1] motion for James R. Weiss to appear pro hac vice on behalf of dft signed by Judge Dee Benson, 9/26/96. cc: atty (ce) (Entered: 09/30/1996)
10/29/199611Order of Reference signed by DB, 10/24/96, 636(b)(1)(A). Mag to hear/determine all nondispositive pretrial matters. cc: atty (ce) (Entered: 10/29/1996)
10/31/199612Case referred to Judge Ronald N. Boyce. Cnsl notified (ce) (Entered: 11/01/1996)
11/06/199613Magistrate Notice of Hearing Initial Pretrial Conference set for 11:00 2/20/97 To be held before Judge Boyce. cc: atty (ce) (Entered: 11/06/1996)
12/16/1996 Case referred to magistrate under 28:636(b)(1)(A). (ss) (Entered: 12/16/1996)
12/18/199614Order granting [0-1] motion for Ralph H. Palumbo (lead), Lynn M. Engel, Robert D. Fram to appear pro hac vice on behalf of pla signed by Judge Dee Benson, 12/17/96. cc: atty (ce) (Entered: 12/19/1996)
01/07/199715Stipulation by Caldera, Microsoft Initial Pretrial Conference to be reset for 1/30/97 at 2:30 p.m. instead of 2/20/97 at 11:00 a.m. , parties to file initial memoranda on issues relating to terms of a disc plan & the terms of a protective order by 1/15/97 & reply memoranda to be filed by 1/24/97 (ce) (Entered: 01/08/1997)
01/13/199716Order granting [15-2] stip motion for parties to file initial memoranda on issues relating to terms of a disc & the terms of a protective order by 1/15/97 & reply memoranda to be filed by 1/24/97, Initial Pretrial Conference reset for 2:30 1/30/97 signed by Judge Dee, 1/10/97. cc: atty (ce) (Entered: 01/13/1997)
01/15/199717Motion by Microsoft for protective order (ss) (Entered: 01/16/1997)
01/15/199718Memorandum by Microsoft in support of [17-1] motion for protective order (ss) (Entered: 01/16/1997)
01/15/199719Declaration of Steven L. Holley (ss) (Entered: 01/16/1997)
01/15/199720Memorandum of Microsoft Corp. requesting adoption of its proposed discovery plan (ss) (Entered: 01/16/1997)
01/15/199721Memorandum RE: discovery issues filed by Caldera (ce) (Entered: 01/16/1997)
01/24/199722Reply Memorandum of Caldera re: discovery issues filed pursuant to [16-1] order requesting a reply memo be filed by 1/24/97 (ce) (Entered: 01/27/1997)
01/24/199723Reply Memorandum filed by Microsoft pursuant to [16-1] order that a reply memo be filed by 1/24/97 - reply memo urging adoption of dft's proposed discovery plan & in further support of its motion for a protective order (ce) (Entered: 01/27/1997)
01/24/199723Reply by Microsoft to response to [17-1] motion for protective order (ce) (Entered: 01/27/1997)
01/30/199724Minute entry: Initial Pretrial Conference held ; cnsl proposed a schedule of procedures to be followed during disc; Crt ruled dft must respond in writing to each demand for disc from pla, incl stmt of previous disc provided to other investigative depts, obj, & a cut-off date; Phase I will be a 120-day period, which may be terminated sooner if the pla finishes reviewing the docs earlier; during Phase I, pla's will provide docs to dfts as well; interrogatories are to be sent prior to depos being taken, & depos re: venue may be taken; mot/protective order argued; Crt granted motion & directed cnsl to work out catagories of confidentiality; proposed order is to be completed w/in 10 days; until protective order is in place, all disc is to be for attys' eyes only; scheduling order deadlines: setting Status conference by 2:30 5/30/97 Jury Trial for 8:30 5/18/98 ; Mr. Jardine is to prepare the order ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Kim Jones (kj) (Entered: 02/05/1997)
02/10/1997 Transcript of Proceedings of Status and Scheduling cnf for dates of 1/30/97 (tl) (Entered: 02/10/1997)
02/24/199725Order re: Scheduling & Discover Plan (see order in file for discovery specifics) Status Report and Scheduling Conference set for 2:30 5/30/97 , Six Week Jury trial set for 8:30 5/18/98 signed by Dee Benson, 2/24/97. cc: atty (ce) (Entered: 02/24/1997)
02/26/199726Certificate of service by Microsoft re first set interrog (ce) (Entered: 02/27/1997)
04/01/199727Protective Order granting [17-1] motion for protective order re prod of confidential material signed by DB, 3/27/97. cc: atty (ce) (Entered: 04/01/1997)
04/15/199728Notice of filing by Caldera - notice of change of address & firm affiliation of cnsl Ralph H. Palumbo, Lynn M. Engel (ce) (Entered: 04/15/1997)
04/25/199729Certificate of service by Caldera re ans to dfts first set interrog (ce) (Entered: 04/25/1997)
04/28/199730Certificate of service by Microsoft re: dft's resp to the 17 purported "subjects of disc" set forth in pla's purposed disc plan (Entered: 04/28/1997)
05/02/1997 Motion by Microsoft for Michael H. Steinberg to appear pro hac vice on behalf of dft (ce) (Entered: 05/02/1997)
05/15/199731Motion by Caldera for M. Laurence Popofsky & Robert D. Fram to withdraw as attorney, attys for pla (Entered: 05/15/1997)
05/16/199732Certificate of service by Microsoft re notices of depo of Novell, Incl and Caldera, Inc. (ce) (Entered: 05/16/1997)
05/19/1997 Motion by Microsoft for Michael H. Steinberg to appear pro hac vice, atty for dft (Entered: 05/19/1997)
05/19/199733Order granting [0-1] motion for Michael H. Steinberg to appear pro hac vice, atty for dft signed by Judge Dee Benson, 5/17/97. cc: atty. (ksp) (Entered: 05/21/1997)
05/28/199734SEALED First Status Report filed by Caldera (ce) (Entered: 05/28/1997)
05/29/199735Status Report and proposed plan for the second phase of discovery filed by Microsoft (ce) (Entered: 05/29/1997)
05/29/199736Motion by Microsoft to strike [34-1] sealed status report (ce) (Entered: 05/30/1997)
05/29/199737Memorandum by Microsoft in support of [36-1] motion to strike [34-1] sealed status report (ce) (Entered: 05/30/1997)
06/02/199738Order granting [31-1] motion for M. Laurence Popofsky & Robert D. Fram to withdraw as attys for pla (Terminated attorney Robert D. Fram for Caldera, attorney Laurence Popofsky for Caldera, SO ORDERED signed by Judge Dee Benson, 6/2/97. cc: attys. Modified on 06/03/1997 (Entered: 06/03/1997)
06/13/199739Certificate of service by Microsoft re: dfts amd notices of depos of Novell, Inc and Caldera Inc were faxed to cnsl on 6/13/97 (rb) (Entered: 06/16/1997)
06/16/199740Motion by Microsoft for leave to file overlength memo in oppo to pla's req/modify the protective order (ce) (Entered: 06/17/1997)
06/16/199741SEALED Memorandum by Microsoft in opposition to to pla's req/modify the protective order (note: pla's req/modify the proto has not been filed w/crt) (ce) (Entered: 06/17/1997)
06/23/199742Order granting [40-1] motion for leave to file overlength memo in oppo to pla's req/modify the protective order signed by Judge Dee Benson, 6/17/97. cc: attys (Entered: 06/24/1997)
06/30/199743Certificate of service by Microsoft re: dft's 1st req for prod of docs (Entered: 06/30/1997)
07/01/199744SEALED Reply by Caldera to response to pla's req/modify the protective order (note: pla's req/modify proto not yet filed w/Crt) (Entered: 07/02/1997)
07/03/199745UNSEALED Motion by Caldera for leave to file overlength rply memo re: Modification of Status Rpt Motion unsealed per Order #665 Modified on 01/27/2000 (Entered: 07/07/1997)
07/07/199746UNSEALED Order granting [45-1] motion for leave to file overlength rply memo re: Modification of Status Rpt signed by Judge Dee Benson, 7/1/97. cc: attys. To be unsealed purs to Order #665 Modified on 01/27/2000 (Entered: 07/07/1997)
07/09/199747Motion by Microsoft to file sur-reply memo in opp to Caldera's req to mod protective order (Entered: 07/10/1997)
07/09/199748UNSEALED Memorandum by Microsoft in support of [47-1] motion to file sur-reply memo in opp to Caldera's req to mod protective order. Unsealed purs to Order #665 Modified on 01/27/2000 (Entered: 07/10/1997)
07/18/199749Second Scheduling order and disc plan Setting ;Joining of parties, amending of pleadings on 10/1/97 ; Deadline for filing of all motions 6/1/98 ; Deadline for Hearing of all Motions 2:00 8/3/98 ; Final Pretrial Conference for 2:30 10/19/98 ; Two week Jury Trial for 8:30 11/2/98 Expert witness disclosure dates set. Discovery set. See Order in file for specifics re: phase II and III of discovery ( Signed by Judge Dee Benson, 7/16/97. cc: attys ) (Entered: 07/21/1997)
07/28/199750Certificate of service by Caldera re: resp to Microsoft's 1st req for prod of docs (Entered: 07/29/1997)
07/31/199751Motion by Microsoft for leave to file overlength memo in supp of mot to transf venue to W dist of WA (Entered: 08/01/1997)
08/01/199752SEALED Motion by Microsoft to change/transfer venue to W Dist of WA (Entered: 08/04/1997)
08/01/199753SEALED Exhibits filed by defendant Microsoft RE: [52-1] motion to change/transfer venue to W Dist of WA (Entered: 08/04/1997)
08/01/199754SEALED Memorandum by Microsoft in support of [52-1] motion to change/transfer venue to W Dist of WA (Entered: 08/04/1997)
08/04/199755Order granting [51-1] motion for leave to file overlength memo in supp of mot to transf venue to W dist of WA signed by Judge Dee Benson, 8/1/97. cc: attys (Entered: 08/04/1997)
08/11/199756Notice of filing by Caldera re: chg of address for Parkcer C. Folse, III and Susman Godfrey, LLP, cnsl for pla (Entered: 08/12/1997)
08/20/199757Certificate of service by Microsoft re: 2nd set of interrogs to pla (Entered: 08/20/1997)
08/27/199758Motion by Microsoft for protective order (Entered: 08/28/1997)
08/27/199759Memorandum by Microsoft in support of [58-1] motion for protective order (Entered: 08/28/1997)
09/03/199760Motion by Caldera for leave to file overlength memo in opp to mot/transf venue (Entered: 09/04/1997)
09/03/199761SEALED Memorandum by Caldera in opposition to [52-1] motion to change/transfer venue to W Dist of WA (Entered: 09/04/1997)
09/08/199762Order granting [60-1] motion for leave to file overlength memo in opp to mot/transf venue signed by Judge Dee Benson, 9/3/97. cc: attys (Entered: 09/08/1997)
09/12/199763SEALED Reply by Microsoft to response to [52-1] motion to change/transfer venue to W Dist of WA (Entered: 09/12/1997)
09/15/199764Memorandum by Caldera in opposition to [58-1] motion for protective order (Entered: 09/16/1997)
09/15/199765Certificate of service by Caldera re: pla's obj to dft's 2nd set of interrogs (Entered: 09/16/1997)
09/16/199766Objections by Novell Inc re: subp from dft Microsoft served on 7/11/97 (Entered: 09/17/1997)
09/18/199767Ntc of Withdrawal of [58-1] dft's motion for protective order (Entered: 09/19/1997)
09/26/199768Magistrate Notice of Hearing miscellaneous hearing set for 10:00 10/15/97 for [66-1] Novell's objection to subp from dft Microsoft seved on 7/11/97 To be held before Judge Boyce (Entered: 09/29/1997)
09/30/199769Return of service executed re: subpoena's issued to Packard Bell Nec, c/o Samuel Surloff, 9/24/97; Dell Computer, c/o Paula E. Boggs, 9/23/97; and to Digital Equip., c/o Gil Mann, 9/24/97. (Entered: 10/01/1997)
10/01/199770Motion by Caldera for leave to file 1st amd cmp (Entered: 10/02/1997)
10/01/199771Memorandum by Caldera in support of [70-1] motion for leave to file 1st amd cmp. Doc is oversized placed in Volume A. Modified on 01/23/2003 (Entered: 10/02/1997)
10/06/199772AMENDED Exhibits to Memo in Support filed by plaintiff Caldera RE: [70-1] motion for leave to file 1st amd cmp. Doc is oversized and placed in Volume B. Modified on 01/23/2003 (Entered: 10/07/1997)
10/14/199773Return of service executed re: subp issued to Zenith Electronics Corp, c/o Richard Vitkus, 10/1/97 (Entered: 10/14/1997)
10/14/199774Motion by Caldera for leave to file overlength memo in support re: mot/compel (Entered: 10/14/1997)
10/14/199776Memorandum by Caldera in support of [75-1] motion to compel prod of docs (Entered: 10/15/1997)
10/15/199775Motion by Caldera to compel prod of docs (Entered: 10/15/1997)
10/15/199777Order granting [74-1] motion for leave to file overlength memo in support re: mot/compel signed by Judge Ronald N. Boyce, 10/15/97. cc: attys (Entered: 10/16/1997)
10/16/199778Motion by Microsoft for leave to file overlength memo/opp to mot/leave to file 1st amd cmp (Entered: 10/17/1997)
10/16/199779Memorandum by Microsoft in opposition to [70-1] motion for leave to file 1st amd cmp (Entered: 10/17/1997)
10/20/199780Magistrate Notice of Hearing Motion hearing set for 1:30 11/12/97 for [52-1] motion to change/transfer venue to W Dist of WA To be held before Judge Boyce (Entered: 10/20/1997)
10/21/199781Order granting [78-1] motion for leave to file overlength memo/opp to mot/leave to file 1st amd cmp signed by Judge Samuel Alba, 10/16/97. cc: attys (Entered: 10/22/1997)
10/23/199782Motion by Microsoft to compel pla resp to 2nd set of interrogs (Entered: 10/24/1997)
10/23/199783Memorandum by Microsoft in support of [82-1] motion to compel pla resp to 2nd set of interrogs (Entered: 10/24/1997)
10/27/199784Return of service executed re: subp issued to Novell, Inc., 10/22/97, c/o L. Jimanez, Agent (Entered: 10/27/1997)
10/27/199785Return of service executed re: subp issued to Novell, Inc., c/o S. Streeper, Agent, 5/6/97 (Entered: 10/27/1997)
10/27/199786Return of service executed re: subp issued to Novell, Inc., c/o Cindy Paul, Agent, 7/11/97 (Entered: 10/27/1997)
10/27/199787Certificate of service by Microsoft re: ntc of depo to Novell, Inc. (Entered: 10/28/1997)
10/28/199788Magistrate Notice of Hearing Motion hearing set for 2:00 12/3/97 for [82-1] dft's motion to compel pla resp to 2nd set of interrogs To be held before Judge Boyce (Entered: 10/28/1997)
10/28/199789Stipulation filed by Caldera, Microsoft RE: dft's resp to pla's mot/compel prod of docs due 11/11/97; pla's rply memo on mot/leave to file 1st amd cmp due 11/11/97 (Entered: 10/29/1997)
10/29/199790Amended Magistrate Notice of Hearing Motion hearing set for 1:30 11/12/97 for [70-1] motion for leave to file 1st amd cmp To be held before Judge Boyce (Entered: 10/29/1997)
10/30/199791Order granting [89-1] stipulation re: dft's resp to Caldera's mot/compel prod of docs due 11/11/97; Caldera's rply memo on mot/leave to file 1st amd cmp is due 11/11/97 signed by Judge Ronald N. Boyce, 10/29/97. (Entered: 10/31/1997)
10/31/199792AMENDED Magistrate Notice of Hearing Motion hearing reset for 10:00 11/18/97 for [52-1] motion to change/transfer venue to W Dist of WA To be held before Judge Boyce (Entered: 11/03/1997)
10/31/199793Certificate of service by Microsoft re: ntc of depo of Novell (Entered: 11/03/1997)
11/06/199794Certificate of service by Caldera re: 2nd req for prod of docs to dft Microsoft (Entered: 11/07/1997)
11/12/199795Sealed Reply by Caldera to response to [70-1] motion for leave to file 1st amd cmp (Entered: 11/12/1997)
11/12/199796Sealed Declaration of Stephen J. Hill (Entered: 11/12/1997)
11/12/199797Motion by Microsoft for leave to file overlength memo/opp to pla's mot/compel prod of docs (Entered: 11/13/1997)
11/12/199798Memorandum by Microsoft in opposition to [75-1] motion to compel prod of docs (Entered: 11/13/1997)
11/12/199799Exhibits filed by defendant Microsoft RE: [98-1] opposition memorandum to pla's mot/compel prod of docs. Doc is oversized and placed in Volume B. Modified on 01/23/2003 (Entered: 11/13/1997)
11/13/1997100Memorandum by Caldera in opposition to [82-1] motion to compel pla resp to 2nd set of interrogs (Entered: 11/14/1997)
11/17/1997101Order granting [97-1] dft's motion for leave to file overlength memo/opp to pla's mot/compel prod of docs signed by Judge Ronald N. Boyce, 11/13/97. cc: attys (Entered: 11/17/1997)
11/18/1997102Minute entry: Before the Ct is dfts motion to change venue to the W Dist of WA. Argument heard. Ct denies [52-1] motion to change/transfer venue to W Dist of WA. Ct reqs that pla's cnsl prepare a proposed order and submit it to dfts cnsl so that both sides can stipulate to the order before submission to the Ct. Judge: RNB Court Reporter: Electronic Court Deputy: Ron Black (rb) (Entered: 11/18/1997)
11/19/1997 Judge Boyce told chambers to change trial time from 2 weeks to 6 weeks. (ksp) (Entered: 11/19/1997)
11/26/1997103Motion by Microsoft to compel prod of docs withheld on ground of the atty-client privlege (Entered: 12/01/1997)
11/26/1997104Sealed Memorandum by Microsoft in support of [103-1] motion to compel prod of docs withheld on ground of the atty-client privlege Modified on 12/01/1997 (Entered: 12/01/1997)
11/26/1997105Sealed Exhibits filed by defendant Microsoft RE: [103-1] motion to compel prod of docs withheld on ground of the atty-client privlege (Entered: 12/01/1997)
12/01/1997106SEALED Reply by Caldera to response to [75-1] motion to compel prod of docs Modified on 02/15/2000 (Entered: 12/02/1997)
12/02/1997107Reply by Microsoft to response to [82-1] motion to compel pla resp to 2nd set of interrogs (Entered: 12/03/1997)
12/03/1997108Motion by Caldera for leave to file overlength rply memo in supp of Caldera's mot/comp prod of docs Modified on 03/14/2000 (Entered: 12/04/1997)
12/03/1997109Order granting [108-1] motion for leave to file overlength rply memo in supp of Caldera's mot/comp prod of docs signed by Judge Ronald N. Boyce, 12/3/97. cc: attys Modified on 04/02/1998 (Entered: 12/04/1997)
12/05/1997110Magistrate Notice of Hearing Motion hearing set for 9:30 12/16/97 for [82-1] dft's motion to compel pla resp to 2nd set of interrogs, set for 9:30 12/16/97 for [75-1] pla's motion to prod of docs, set for 9:30 12/16/97 for [70-1] pla's motion for leave to file 1st amd cmp To be held before Judge Boyce (Entered: 12/05/1997)
12/05/1997111Objections by Microsoft to Caldera's 1st set of interrogs (Entered: 12/08/1997)
12/09/1997112Notice of Hearing filed by plaintiff Caldera : Motion hearing set for 9:30 12/16/97 for [82-1] motion to compel pla resp to 2nd set of interrogs, set for 9:30 12/16/97 for [75-1] motion to compel prod of docs, set for 9:30 12/16/97 for [70-1] motion for leave to file 1st amd cmp , miscellaneous hearing set for 2:45 12/22/97 for Caldera's req to modify protective order (req not filed w/Court) To be held before Judge RNB (Entered: 12/10/1997)
12/12/1997113Certificate of service by Caldera re: Caldera's objections and responses to Microsoft's 2nd set of interrogs (Entered: 12/15/1997)
12/15/1997114Order denying [52-1] motion to change/transfer venue to W Dist of WA signed by Judge Ronald N. Boyce, 12/12/97. cc: attys (Entered: 12/15/1997)
12/15/1997115Memorandum by Caldera in opposition to [103-1] motion to compel prod of docs withheld on ground of the atty-client privlege (Entered: 12/16/1997)
12/16/1997116Minute entry: Before the Ct is Caldera's Motion to Amd the Cmp and Motion to Compel Production of Docs. Argument heard. Ct denies Caldera's Motion to Amend Complaint in its current form. The pla's will have ten days to refile a draft form of a proposed amd cmp with the necessary changes as discussed. The dfts will have ten days to resp after the proposed draft has been submitted. Pla's to prepare the order. Argument was heard on Caldera's Motion to Compell prod of docs. Hearing cont to 12/22/97 at 2:45 p.m. Judge: RNB Court Reporter: Electronic Court Deputy: Ron Black (rb) (Entered: 12/16/1997)
12/19/1997117Motion by Caldera for leave to file 2nd draft of 1st amd cmp (Entered: 12/19/1997)
12/19/1997118Memorandum by Caldera in support of [117-1] motion for leave to file 2nd draft of 1st amd cmp (Entered: 12/19/1997)
12/22/1997119Minute entry: Cnsl present. Ct notifies cnsl that no modifications to the P.O. has been filed. Ct reqs that the Motion to Modify the P.O. be filed asap. Hearing on that motion will be cont to 1/9/98 at 1:30 p.m. Ct resumes hearing on Pla's Motion to Compel. Argument heard. Ct grants in part and denies in part Pla's Motion to Compel. For specifics see order in file. Judge: RNB Court Reporter: Electronic Court Deputy: Ron Black (rb) (Entered: 12/22/1997)
12/23/1997120Order granting [117-1] motion for leave to file 2nd draft of 1st amd cmp signed by Judge Ronald N. Boyce 12/23/97 cc:attys (tl) (Entered: 12/23/1997)
12/23/1997121Motion by Microsoft for leave to file overlength reply memo in supp of dft's mot/compel prod doc improperly withheld on grounds of atty-client privilege (ce) (Entered: 12/24/1997)
12/23/1997122SEALED Reply by Microsoft to response to [103-1] motion to compel prod of docs withheld on ground of the atty-client privlege (ce) (Entered: 12/24/1997)
12/29/1997123Order granting [121-1] motion for leave to file overlength reply memo in supp of dft's mot/compel prod doc improperly withheld on grounds of atty-client privilege signed by Judge Ronald N. Boyce, 12/29/97. cc: attys (Entered: 12/30/1997)
12/29/1997124Sealed Errata to dft's [122-1] response reply in support of mot/compel prod of docs improperly withheld on grounds of atty-client privilege filed by Microsoft . (Entered: 12/30/1997)
12/30/1997125Return of service executed re: subpeona's issued to Packard Bell NEC, c/o Scott Dunbar, Woodland Hills, CA, 12/22/97; Digital Equip, c/o Joane Keene, Maynard, MA, 12/22/97; Dell Computer Corp, c/o Paula E. Boggs, Round Rock, TX, 12/19/97; Hewlett-Packard, c/o Karen Leonard, Palo Alto, CA, 12/23/97 (Entered: 12/31/1997)
12/31/1997126Memorandum by Microsoft in opposition to [117-1] motion for leave to file 2nd draft of 1st amd cmp (Entered: 01/05/1998)
01/07/1998127Sealed Reply by Caldera to response to [117-1] motion for leave to file 2nd draft of 1st amd cmp (Entered: 01/08/1998)
01/07/1998128Motion by Caldera to amend [27-1] protective order to replace "highly confid" with "trade secret" (Entered: 01/08/1998)
01/12/1998 Transcript of Prcdgs on Mot to Modify Protective Ord & on Pla's Mot to Compel for date of 12/22/97 (Entered: 01/12/1998)
01/12/1998 Transcript of Proceedings on Motion to Change Venue for date of 11/18/97 (Entered: 01/12/1998)
01/13/1998129Return of service executed re: subp served upon Compaq Computer, 12/23/97 (Entered: 01/14/1998)
01/15/1998130Sealed Declaration of Charles R. Eskridge III (Entered: 01/16/1998)
01/15/1998131Sealed Reply Memo by Caldera to response to [75-1] motion to compel prod of docs (Entered: 01/16/1998)
01/15/1998 Transcript of Proceedings re: mot to amd cmp/mot to compel disc for date of 12/16/97 (Entered: 01/16/1998)
01/22/1998132Motion by Microsoft to compel Novell to comply w/document subpoena (Entered: 01/23/1998)
01/22/1998133Memorandum by Microsoft in support of [132-1] motion to compel Novell to comply w/document subpoena (Entered: 01/23/1998)
01/22/1998134Declaration of Michael H. Steinberg Re: [132-1] motion to compel Novell to comply w/document subpoena (Entered: 01/23/1998)
01/22/1998135Motion by Microsoft for leave to file overlength memo in supp of mot/compel Novell to comply with doc subp (Entered: 01/23/1998)
01/22/1998138Motion by Microsoft to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan , and to schedule additional Pretrial Conference (Entered: 01/26/1998)
01/22/1998139Motion by Microsoft to expedite hrg of mot to vacate dates in 2nd sched order (mot #138) re: scheduling and disc plan (Entered: 01/26/1998)
01/22/1998140Memorandum by Microsoft in support of [139-1] motion to expedite hrg of mot to vacate dates in 2nd sched order (mot #138) re: scheduling and disc plan (Entered: 01/26/1998)
01/22/1998141Memorandum by Microsoft in support of [138-1] motion to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan, [138-2] motion for additional Pretrial Conference (Entered: 01/26/1998)
01/23/1998136Return of service executed re: subp issued to Acer Amer Corp, c/o Michael Tung, 1/7/98 (Entered: 01/26/1998)
01/23/1998137Amended Notice of Hearing filed by plaintiff Caldera : Motion hearing set for 2:00 1/28/98 for [128-1] motion to amend [27-1] protective order to replace "highly confid" with "trade secret", set for 2:00 1/28/98 for [117-1] motion for leave to file 2nd draft of 1st amd cmp, set for 2:00 for [103-1] motion to compel prod of docs withheld on of the atty-client privlege To be held before Judge RNB (Entered: 01/26/1998)
01/26/1998142Order granting [135-1] dft's motion for leave to file overlength memo in supp of mot/compel Novell to comply with doc subp signed by Judge Ronald N. Boyce, 1/24/98. cc: attys (Entered: 01/27/1998)
01/27/1998143Magistrate Notice of Hearing Motion hearing set for 2:00 3/2/98 for [132-1] dft's motion to compel Novell to comply w/document subpoena To be held before Judge Boyce (Entered: 01/27/1998)
01/28/1998144Stipulation filed by Caldera, Microsoft RE: dft's mot/compel ans to 2nd set of interrogs is resolved. Pla served obj & resp to dft's 2nd set of interrogs on 12/11/97; dft's 2nd set of interrogs nos 21-22 & their subparts count as only two interrogs; pla's 1st set of interrogs no 1-7, subparts shall count as 7 interrogs all w/in the meaning of paragraph 3H of 2nd sched order (Entered: 01/28/1998)
01/28/1998145Certificate of service by Microsoft re: ans to Caldera's 1st set of interrogs (Entered: 01/29/1998)
01/29/1998146Notice of Hearing filed by defendant Microsoft : Motion hearing set for 2:00 2/11/98 for [138-1] motion to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan, set for 2:00 2/11/98 for [138-2] motion for additional Pretrial Conference To be held before Judge RNB (Entered: 01/29/1998)
01/30/1998147Certificate of service re: [22-1] mot to expedite; memo in support of mot to expedite filed, [21-1] mot to vacate dates in 2nd order re: sched and disc filed by Microsoft (Entered: 01/30/1998)
01/30/1998148AMENDED Magistrate Notice of Hearing Motion hearing set for 2:30 2/11/98 for [138-1] motion to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan To be held before Judge Boyce. (no copies mailed to attys) (Entered: 02/02/1998)
02/06/1998149Memorandum by Microsoft in opposition to [138-1] motion to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan, [138-2] motion additional Pretrial Conference (Entered: 02/09/1998)
02/09/1998150Reply by Microsoft to response to [138-1] motion to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan, [138-2] motion additional Pretrial Conference (Entered: 02/10/1998)
02/10/1998151Stipulation by Microsoft, Novell Inc stip to extend time to 2/9/98 for Novell to resp to Microsoft's mot/compel Novell to comply w/doc subpeonas (Entered: 02/10/1998)
02/10/1998152Order granting [151-1] stip to extend time to 2/9/98 for Novell to resp to Microsoft's mot/compel Novell to comply w/doc subpeonas signed by Judge Dee , 2/10/98 cc: attys (Entered: 02/10/1998)
02/11/1998153Minute entry: granting [138-1] motion to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan granting [138-2] motion additional Pretrial Conference, terminated deadlines , 4 week Jury trial reset for 8:30 6/7/99 before Judge Benson , motion filing deadline reset for 1/11/99 , status cnf/preliminary Final pretrial reset for 2:30 4/26/99 before Judge Benson , Final Pretrial Conference set for 2:30 5/20/99 before Judge Benson Further hrg will be scheduled in late March. Cnsl to prepare a stip/order on what was previously agreeded upon. Judge: Ronald N. Boyce, Court Reporter: Electronic Court Deputy: Trisha Little (tl) (Entered: 02/12/1998)
02/11/1998157Order granting in part, denying in part [75-1] Caldera's motion to compel prod of docs signed by Judge Ronald N. Boyce , 2/11/98 cc: attys (Entered: 02/17/1998)
02/11/1998158Order granting [117-1] Caldera's motion for leave to file 2nd draft of 1st amd cmp, granting [103-1] Microsoft's motion to compel prod of docs withheld on ground of the atty-client privilege signed by Judge Ronald N. Boyce , 2/11/98 cc: attys (Entered: 02/17/1998)
02/12/1998154Memorandum by Novell Inc in opposition to [132-1] Microsoft's motion to compel Novell to comply w/document subpoena (Entered: 02/12/1998)
02/12/1998155Affidavit of Jim Lundberg, Esq (Entered: 02/12/1998)
02/12/1998156Amended complaint by Caldera added party(ies): None. Amends [1-1] complaint; jury demand. See Order #158 allowing the filing of amd cmp (mjm) Modified on 02/17/1998 (Entered: 02/13/1998)
02/18/1998159Notice of filing re: [155-1] affidavit of Jim Lundberg by Novell Inc re: orig signature page of Jim Lundberg's aff dtd 2/11/98 (Entered: 02/19/1998)
02/23/1998160Answer by Microsoft to first amended complaint (Entered: 02/24/1998)
02/23/1998161Stipulation by Microsoft, Novell Inc stip to extend time to 2/27/98 for Microsoft to file rply memo in supp of their mot/compel prod of docs from Novell (Entered: 02/24/1998)
02/26/1998162Motion by Microsoft for leave to file dfts overlength rply memo in supp of its mot/compel Novell to comply w/doc subp (Entered: 02/27/1998)
02/26/1998163Sealed Reply by Microsoft to response to [132-1] motion to compel Novell to comply w/document subpoena (Entered: 02/27/1998)
03/02/1998164Minute entry:Discussion held. Arguments heard. Ct directs cnsl, by 3/6/98, to go over specifically what is requested in doc subp that is not provided. When all efforts are exhausted cnsl is to contact Judge Boyce's chamber for another hearing date. [132-1] motion to compel Novell to comply w/document subpoena not ruled on; Judge: Ronald N. Boyce Court Reporter: Laura Robinson Court Deputy: Trisha Little (tl) (Entered: 03/02/1998)
03/03/1998165Order granting [162-1] motion for leave to file dfts overlength rply memo in supp of its mot/compel Novell to comply w/doc subp signed by Judge Ronald N. Boyce , 3/2/98 cc: attys (Entered: 03/03/1998)
03/03/1998166Order granting [161-1] stip to extend time to 2/27/98 for Microsoft to file rply memo in supp of their mot/compel prod of docs from Novell signed by Judge Ronald N. Boyce , 3/2/98 (Entered: 03/03/1998)
03/06/1998167Certificate of service by Microsoft re: dft's 3d set of interrogs to pla (Entered: 03/09/1998)
03/16/1998168Third Amd Scheduling order Setting; Status Conference for 2:30 4/26/99; Deadline for filing of all motions 1/11/99 ; Discovery cutoff 9/15/98; expert discovery cut off 12/2/98 ; Final Pretrial Conference for 2:30 5/20/99; 4 wk Jury Trial for 8:30 6/7/99 ( Signed by Judge Ronald N. Boyce, 3/13/98. cc: attys) (Entered: 03/16/1998)
03/18/1998169Stipulation filed by Caldera, Microsoft and Veritest, Inc. RE: prod of docs in resp to subpoena. Docs produced by Veritest may be confidential and are subj to the proto entered on 3/27/97 and may be submitted under seal (Entered: 03/19/1998)
03/20/1998170Order granting [169-1] stip re: Veritest's subp for prod of docs may contain confidential info and are subj to proto entered on 3/27/97 and may be submitted under seal signed by Judge Ronald N. Boyce , 3/20/98 (Entered: 03/23/1998)
03/23/1998171Return of service executed re: subp issued to Richard Dixon, personally, 3/18/98 (Entered: 03/23/1998)
04/01/1998172Stipulation by Caldera, Microsoft, IBM stip/mot to produce docs in resp to subp (Entered: 04/01/1998)
04/03/1998173Magistrate Notice of Hearing Motion hearing set for 9:45 4/14/98 for [132-1] motion to compel Novell to comply w/document subpoena To be held before Judge Boyce (Entered: 04/03/1998)
04/07/1998174Order granting [172-1] stip/mot b/w Caldera, Microsoft & IBM to produce docs in resp to subp. Docs may be submitted as "attys' eyes only" and are subj to same terms of protective order signed by Judge Ronald N. Boyce , 4/7/98. (Entered: 04/08/1998)
04/08/1998175Certificate of service by Caldera re: Caldera's obj & resp to Microsoft's 3d set of interrogs (Entered: 04/09/1998)
04/10/1998176Motion by Microsoft for leave to file overlength suppl memo/supp of mot/compel Novell to comply with doc subp and to identify the manner in which it has complied w/subp (Entered: 04/13/1998)
04/10/1998177Suppl Memorandum by Microsoft in support of [132-1] motion to compel Novell to comply w/document subpoena and to identify the manner in which it has complied with subp (Entered: 04/13/1998)
04/13/1998178Response by Novell Inc to [177-1] suppl support memorandum of Microsoft re: doc compliance w/subp (Entered: 04/13/1998)
04/14/1998179Minute entry: Args hrd on status of disc items that have been req'd. Agreements made. Motion resolved. Order to be prepared by Microsoft to reflect decisions. Mooting [132-1] motion to compel Novell to comply w/document subpoena ; Judge: RNB Court Reporter: Karen Murakami Court Deputy: Trisha Little (tl) (Entered: 04/14/1998)
04/14/1998180Certificate of service by Microsoft re: Microsoft's answers to discovery req nos 1,2,3,4 & 6 (Entered: 04/15/1998)
04/22/1998181Return of service executed re: subp issued to Deborah O'Connell, personally,, 4/4/98 (Entered: 04/22/1998)
04/28/1998182Objections by Novell Inc to Microsoft's Proposed form of Order to Microsoft's Mot/Compel (Entered: 04/29/1998)
04/30/1998183Affidavit of John P. Mullen (mjm) (Entered: 05/01/1998)
05/05/1998184Return of service executed re: ntc of doc deposition of Corel Corp (USA), Inc. (Entered: 05/05/1998)
05/07/1998185Magistrate Notice of Hearing miscellaneous hearing set for 10:00 5/21/98 for proposed order on Microsoft's mot/compel Novell to comply with document subp To be held before Judge Boyce (Entered: 05/07/1998)
05/07/1998186Affidavit of Jim Lundberg, Esq. Re: search for mktg docs (Entered: 05/08/1998)
05/13/1998187Affidavit of Jim Lundberg, Esq. Re: search for marketing documents (Entered: 05/14/1998)
05/14/1998188Order mooting [132-1] motion to compel Novell to comply w/document subpoena. Motion resolved. Novell shall search for & produce materials nlt 5/5/98 signed by Judge Ronald N. Boyce , 5/13/98 cc: attys (see order in file for specifics) (Entered: 05/15/1998)
05/21/1998189Certificate of service by Microsoft re: ntc of depo of Steve Tucker (Entered: 05/21/1998)
05/21/1998190Certificate of service by Microsoft re: Microsoft's 2d req for prod of docs/things (Entered: 05/21/1998)
06/03/1998191Certificate of service by Microsoft re: first request for admissions. (asb) (Entered: 06/04/1998)
06/04/1998193Return of service executed re: subp issued to Morgan Stanley & Co, c/o L. Jimanez, Agent, 6/1/98 (Entered: 06/10/1998)
06/09/1998192Return of service executed re: subp issued to Cooper & Lybrand, c/o Jim Karkas, Office Mgr, 6/2/98, San Jose, CA (Entered: 06/09/1998)
06/10/1998194Return of service executed re: subp issued to Ernst & Young, c/o Fin Most, Custodian of Records, 6/2/98 (Entered: 06/10/1998)
06/12/1998195Motion and Order signed by Judge Dee Benson , 6/12/98 cc:atty . Granting motion /PHV for Attorney: Jay Holtmeier on behalf of defendant Microsoft (Entered: 06/12/1998)
06/12/1998196Motion by Microsoft for leave to file overlength mem/sup re: expedited mot/compel prod of docs withheld based on alleged atty work product protection (Entered: 06/15/1998)
06/12/1998197Expedited Motion by Microsoft to compel prod of docs withheld based on alleged atty work production protection (Entered: 06/15/1998)
06/12/1998197Request for hrg filed by Microsoft re: [197-1] expedited motion to compel prod of docs withheld based on alleged atty work production protection (Entered: 06/15/1998)
06/12/1998198Memorandum by Microsoft in support of [197-1] expedited motion to compel prod of docs withheld based on alleged atty work production protection (Entered: 06/15/1998)
06/18/1998199Order granting [196-1] motion for leave to file overlength mem/sup re: expedited mot/compel prod of docs withheld based on alleged atty work product protection signed by Judge Ronald N. Boyce , 6/17/98. cc: atty (ce) (Entered: 06/19/1998)
06/18/1998 Transcript of Proceedings for dates of 4/14/98 (mjm) (Entered: 06/19/1998)
06/23/1998200Magistrate Notice of Hearing Motion hearing set for 2:00 7/16/98 Rm 477 for [197-1] motion to compel prod of docs withheld based on alleged atty work production protection To be held before Judge Boyce (mjm) (Entered: 06/24/1998)
06/24/1998201Stipulation filed by Caldera, Microsoft RE: exchange of lists of trial witnesses (not including expert witnesses or trial rebuttal witnesses) on 8/3/98 (ce) (Entered: 06/25/1998)
06/25/1998202Return of service of subpoena executed as to Novell, Inc. served on Tally Burke-Ellison (agent) on 6/22/98 (Entered: 06/26/1998)
06/30/1998203Order granting [201-1] stip re: exchange of witness lists to 8/3/98 signed by Judge Dee Benson , 6/29/98 (Entered: 06/30/1998)
06/30/1998204Objections by Novell Inc to subpoena of Microsoft dtd 6/22/98 (Entered: 07/01/1998)
06/30/1998205Motion by Novell Inc to quash subpoena dtd 6/22/98 (Entered: 07/01/1998)
07/01/1998206Return of service executed re: subpoena issued to Unterberg harris c/o Monica Fox 6/3/98 (mjm) (Entered: 07/02/1998)
07/01/1998207Return of service executed re: subpoena svd on Deutsch Bank Securities c/o Jane Doe - Receptionist on 6/23/98 (mjm) (Entered: 07/02/1998)
07/01/1998208Return of service executed of subpoena svd on Sun Microsystems Computer c/o Maria Sanchez on 6/17/98 (mjm) (Entered: 07/02/1998)
07/01/1998209Return of service executed re: subpoena issued to Apple Computer c/o Maria Sanchez 6/17/98 (mjm) (Entered: 07/02/1998)
07/03/1998210Motion by Novell Inc to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell (Entered: 07/06/1998)
07/03/1998211Joint Memorandum by Caldera, Novell Inc in opposition to [197-1] motion to compel prod of docs withheld based on alleged work production protection in support of [210-1] motion to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell (Entered: 07/06/1998)
07/06/1998212Motion by Caldera to compel prod of OEM license databases (Entered: 07/06/1998)
07/06/1998212Expedited Request for hrg filed by Caldera re: [212-1] motion to compel prod of OEM license databases (Entered: 07/06/1998)
07/06/1998213Sealed Memorandum by Caldera in support of [212-1] motion to compel prod of OEM license databases (Entered: 07/06/1998)
07/06/1998214Sealed Exhibits filed by plaintiff Caldera RE: [212-1] motion to compel prod of OEM license databases (Entered: 07/06/1998)
07/06/1998215Motion by Caldera for leave to file overlength mem/supp of mot/compel prod of OEM License Databases (Entered: 07/06/1998)
07/07/1998216Motion by Caldera to compel prod of software source code (Entered: 07/07/1998)
07/07/1998216Request for expedited hrg filed by Caldera re: [216-1] motion to compel prod of software source code (Entered: 07/07/1998)
07/07/1998217Memorandum by Caldera in support of [216-1] hearing requested, [216-1] motion to compel prod of software source code (Entered: 07/07/1998)
07/07/1998218Exhibits filed by plaintiff Caldera RE: [216-1] motion to compel prod of software source code (Entered: 07/07/1998)
07/14/1998219Magistrate Notice of Hearing Motion hearing set for 3:30 7/22/98 for [216-1] motion to compel prod of software source code To be held before Judge Boyce. cc: attys (Entered: 07/14/1998)
07/14/1998220Memorandum by Microsoft in opposition to [210-1] motion to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell (Entered: 07/15/1998)
07/14/1998220Reply by Microsoft to response to [197-1] motion to compel prod of docs withheld based on alleged atty work production protection (Entered: 07/15/1998)
07/14/1998221Order granting [215-1] motion for leave to file overlength mem/supp of mot/compel prod of OEM License Databases signed by Judge Ronald N. Boyce , 7/8/98 cc: attys (Entered: 07/15/1998)
07/16/1998222Amended Notice of Hearing filed by defendant Microsoft : Motion hearing re-set for 2:00 7/28/98 for [216-1] motion to compel prod of software source code To be held before Judge RNB (Entered: 07/16/1998)
07/16/1998223Minute entry: After arguments were heard; Crt ruled:[210-1] motion to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell taken under advisement; Crt instructs both sides to file briefs by 7/23/98. Argument, if any, will be heard on 7/28/98 Judge: RNB Court Reporter: Michelle Mallonee Court Deputy: Ron Black (rb) (Entered: 07/16/1998)
07/17/1998224Motion by Microsoft to extend the discovery cut-off date and to expedite hearing on this matter to 7/22/98 at 3:30 p.m. (Entered: 07/20/1998)
07/17/1998225Memorandum by Microsoft in support of [224-1] motion to extend the discovery cut-off date, [224-2] motion to expedite hearing on this matter to 7/22/98 at 3:30 p.m. (Entered: 07/20/1998)
07/17/1998226Notice of filing by Microsoft re: change of address of cnsl for dft, Michael H. Steinberg, Sullivan & Cromwell, 1888 Century Park East, Los Angeles, CA 90067 (Entered: 07/20/1998)
07/21/1998227Memorandum by Microsoft in opposition to [216-1] motion to compel prod of software source code (ce) (Entered: 07/22/1998)
07/21/1998228Memorandum by Microsoft in opposition to [212-1] motion to compel prod of OEM license databases (ce) (Entered: 07/22/1998)
07/21/1998229JT Supplemental Memorandum by Caldera, Novell Inc in support of [210-1] motion to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell (Entered: 07/22/1998)
07/24/1998230Suppl Memorandum by Microsoft in opposition to [210-1] motion to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell (Entered: 07/28/1998)
07/27/1998231Memorandum by Caldera in opposition to [224-1] motion to extend the discovery cut-off date (Entered: 07/28/1998)
07/28/1998232Order denying [210-1] motion to intervene by Novell Inc for limited purpose of opposing dft's mot/compel prod of docs which are protected work product of Novell signed by Judge Ronald N. Boyce , 7/28/98 cc: attys (Entered: 07/29/1998)
07/28/1998233Minute entry: Argument & discussion heard. Crt rules: granting [224-1] motion to extend the discovery cut-off date until 1/10/99, granting [216-1] motion to compel prod of software source codes with limitations & safeguards (re: protective order guarantees) specified by the Crt, granting [212-1] motion to compel prod of OEM license databases as indicated by cnsl & limited by the Crt ; Cnsl to submit stip order(s) as to OEM & source codes & extension of discovery time to chambers & compliance with discovery cutoff within 10 days. Judge: RNB Court Reporter: Electronic Court Deputy: Michael R. Weiler (mrw) (Entered: 07/29/1998)
07/28/1998234SEALED DOCUMENT (mrw) (Entered: 07/31/1998)
07/30/1998235Return of service executed re: subp issued to Micron Electronics, c/o Steve Arnold, VP & Gen cnsl, 7/23/98 (Entered: 07/31/1998)
08/04/1998236Return of service executed re: subp served upon Peter J. DiCorti, personally, on 7/28/98 (Entered: 08/07/1998)
08/06/1998237Fourth Scheduling order setting Deadline for filing of all motions 1/25/99; Discovery cutoff 10/15/98. Motion to be heard no later than March of 99 and the final pretrial conf date remains unchanged. Signed by Judge Ronald N. Boyce, 8/5/98. cc: atty (ce) (Entered: 08/07/1998)
08/11/1998 Transcript of Proceedings for dates of 3/2/98 Hearing (asb) (Entered: 08/12/1998)
08/11/1998 Transcript of Proceedings for dates of 7/28/98 Motion Hearing (asb) (Entered: 08/12/1998)
08/11/1998 Transcript of Proceedings for dates of 01/28/98 re: Hearing of Motion to Amend, Motion to Compel, Production of Documents, Motion for Amendment of the Protective Order (jag) (Entered: 08/12/1998)
08/11/1998 Transcript of Proceedings for dates of 02/11/98 re: hrg held before RNB (jag) (Entered: 08/12/1998)
08/14/1998238Order granting [216-1] motion to compel prod of software source code, granting [212-1] motion to compel prod of OEM license databases signed by Judge Ronald N. Boyce , 8/14/98 cc: attys (see Order in file for specifics) (Entered: 08/17/1998)
08/24/1998239Certificate of service by Microsoft re: 4th set of interrog (asb) (Entered: 08/25/1998)
08/27/1998240Certificate of service by Microsoft re: req for prod of docs (jag) (Entered: 08/28/1998)
09/01/1998241Motion by Microsoft to expedite/shorten time to produce all responsive non-privileged docs within 3 business days of the entry of an order granting this motion (ce) (Entered: 09/14/1998)
09/01/1998242Memorandum by Microsoft in support of [241-1] motion to expedite/shorten time to produce all responsive non-privileged docs within 3 business days of the entry of an order granting this motion (ce) (Entered: 09/14/1998)
09/04/1998243Return of service executed re: subp issued to Sykes Enterprises, c/o Angelica Carrillo, 8/27/98 (Entered: 09/08/1998)
09/09/1998245Motion by Microsoft to compel novell to prod docs as to which atty-client privilege has been waived or for which novell has failed to support its claim of privilege (Entered: 09/10/1998)
09/09/1998246Memorandum by Microsoft in support of [245-1] motion to compel novell to prod docs as to which atty-client privilege has been waived or for which novell has failed to support its claim of privilege (Entered: 09/10/1998)
09/09/1998247Motion by Microsoft for leave to file overlength memo (Entered: 09/10/1998)
09/09/1998 Declaration of Michael H. Steinberg in support of dft's memo in support of its mot/compel Novell to prod docs as to which atty-client privilege has been waived or for which Novel has failed to support its claim of privilege rec'd on 9/9/98 was Lodged in file. Not orig signature (Entered: 09/10/1998)
09/09/1998244SEALED Memorandum by Caldera in opposition to [241-1] motion to expedite/shorten time to produce all responsive non-privileged docs within 3 business days of the entry of an order granting this motion (ce) (Entered: 09/14/1998)
09/11/1998248Reply by Microsoft to response to [241-1] motion to expedite/shorten time to produce all responsive non-privileged docs within 3 business days of the entry of an order granting this motion (ce) (Entered: 09/14/1998)
09/14/1998249Order granting [247-1] motion for leave to file overlength memo signed by Judge Dee Benson , 9/10/98 cc: atty (Entered: 09/14/1998)
09/14/1998250Expedited Motion by Microsoft to extend time set out in the fourth sched order by 120 days and expanding by 10 the limit on the number of party-affiliated depositions permitted (ce) (Entered: 09/15/1998)
09/14/1998251Memorandum by Microsoft in support of [250-1] motion to extend time set out in the fourth sched order by 120 days and expanding by 10 the limit on the number of party-affiliated depositions permitted. Doc is oversized and placed in Volume D. (ce) Modified on 01/23/2003 (Entered: 09/15/1998)
09/14/1998252Certificate of service by Microsoft re: second req/adms to pla (ce) (Entered: 09/15/1998)
09/15/1998253Certificate of service by Caldera re: 3rd set of rqst for prod of docs, 1st rqst for admissions & 2nd set of interrog (asb) (Entered: 09/16/1998)
09/17/1998254Return of service executed 09/11/98 McKenna, Cuneo, LLP, c/o Cathie Alter (jag) (Entered: 09/18/1998)
09/18/1998255UNSEALED Expedited Motion by Caldera to declare portions of Stefanie Reichel's deposition not confidential Unsealed pursuant to Order #665 (jag) Modified on 01/27/2000 (Entered: 09/21/1998)
09/18/1998255SEALED Memorandum by Caldera in support of [255-1] motion to declare portions of Stefanie Reichel's deposition not confidential (jag) (Entered: 09/21/1998)
09/18/1998256SEALED Declaration of Stephen J. Hill (jag) (Entered: 09/21/1998)
09/23/1998257Memorandum by Caldera in opposition to [250-1] motion to extend time set out in the fourth sched order by 120 days and expanding by 10 the limit on the number of party-affiliated depositions permitted (jag) (Entered: 09/24/1998)
09/24/1998258Order, extending time for Novell to resp to Microsoft's mot/compel Novell to prod docs as to which atty-client priv has been waived or for which Novell has failed to support its claim of priv - until 9/25/98 signed by Judge Ronald N. Boyce , 9/23/98 cc: attys. (note: stip/ext time not filed w/ct) (Entered: 09/25/1998)
09/25/1998259Stipulation by Microsoft, Novell Inc Stipulation to extend time re: microsoft's motion to compel Novell to produce Docs as to which attorney-client privilege has been waived will now be due on 9/25/98 (Entered: 09/25/1998)
09/25/1998260Reply by Microsoft to response to [250-1] motion to extend time set out in the fourth sched order by 120 days and expanding by 10 the limit on the number of party-affiliated depositions permitted (Entered: 09/28/1998)
09/25/1998261Ex parte motion by Novell Inc for leave to file overlength memo in opp to Microsoft's mot/compel (Entered: 09/28/1998)
09/25/1998262Memorandum by Novell Inc in support of [261-1] ex parte motion for leave to file overlength memo in opp to Microsoft's mot/compel (Entered: 09/28/1998)
09/25/1998263SEALED Memorandum by Novell Inc in opposition to [245-1] motion to compel novell to prod docs as to which atty-client has been waived or for which novell has failed to support its claim of privilege (Entered: 09/28/1998)
09/28/1998264SEALED Motion by Microsoft for an Order to show cause why pla & its cnsl should not be held in contempt of ct (Entered: 09/28/1998)
09/28/1998265SEALED Memorandum by Microsoft in support of [264-1] sealed motion for an Order to show cause why pla & its cnsl should not be held contempt of ct (Entered: 09/28/1998)
09/28/1998266Sealed Declarations (No Names Available) IN SUPPORT Re: [264-1] sealed motion for an Order to show cause why pla & its cnsl should not be held in contempt of ct (Entered: 09/28/1998)
09/28/1998267SEALED Memorandum by Microsoft in opposition to [255-1] sealed expedited motion to declare portions of Stefanie Reichel's deposition not confidential (Entered: 09/28/1998)
09/28/1998268SEALED Notice of filing by Novell Inc re: Novell's in-camera prod of privileged docs (Entered: 09/28/1998)
09/28/1998269Minute entry: Args hrd. GRANTING/DENYING in part [250-1] motion to extend time set out in the fourth sched order by 120 days and expanding by 10 the limit on the number of party-affiliated depositions permittedx; Denying w/out prej, extension of time unless showing of good cause; granting until 11/13/98 for taking of depos only and Caldera will cull list. DENYING [255-1] motion to declare portions of Stefanie Reichel's deposition not confidential; Mr. Jardine will prepare order. Judge: Ronald N. Boyce Court Reporter: Electronic Court Deputy: Trisha Little (tl) (Entered: 09/29/1998)
09/29/1998270Ex parte order granting [261-1] ex parte motion for leave to file overlength memo in opp to Microsoft's mot/compel signed by M Judge RNB 9/29/98 cc: attys (Entered: 09/30/1998)
10/02/1998271Return of service executed re: Sturgis M. Sobin, and Ablondi, Foster, Sobin & Davidow, c/o Sturgis M. Sobin. on 10/1/98 (Entered: 10/02/1998)
10/05/1998272Reply by Microsoft to response to [245-1] motion to compel novell to prod docs as to which atty-client privilege has been waived or for which novell has failed to support its claim of privilege (Entered: 10/06/1998)
10/06/1998273Return of service executed 09/30/98, depo subpoena to Novell, Inc (jag) (Entered: 10/07/1998)
10/06/1998274Return of service executed 10/04/98, depo subpoena served on Snow, Christensen & Martineau (jag) (Entered: 10/07/1998)
10/07/1998275Notice of Hearing filed by defendant Microsoft : Motion hearing set for 1:30 10/9/98 for [245-1] motion to compel novell to prod docs as to which atty-client privilege has been waived or for which novell has failed to support its claim of privilege To be held before Judge RNB (Entered: 10/08/1998)
10/09/1998277Minute entry: Arguments heard on defendant Microsoft's motion to compel Novell to produce docs as to which atty-client privilege has been waived or for which Novell has failed to support its clllaim of privilege, Doc #245. In light of the court's comments Novell will prepare a more detailed privileged log which is to be produced by 10/19/98. Some other document items resolved and others still to be worked out. Novell to prepare order. granting in part, denying in part [245-1] motion to compel novell to prod docs as to which atty-client privilege has been waived or for which novell has failed to support its claim of privilege ; Judge: Ronald N. Boyce Court Reporter: Laura Robinson Court Deputy: Trisha Little (tl) (Entered: 10/13/1998)
10/12/1998276Stipulation by Caldera, Microsoft Stipulation to extend time until 11/2/98, to file a memo in response to dft's motion for order to show cause why pla should not be held in contempt of court (Entered: 10/13/1998)
10/13/1998278Objections by Novell Inc to subpoena & ntc of depo from Microsoft dtd 9/30/98 (Entered: 10/14/1998)
10/15/1998279Minute entry: Expedited hearing held on Caldera's motion/request to issue a letter of request for international judicial assistance pursuant to the Hague Convention of 18 March 1970 on the taking of evidence in civil or commercial matters. (This motion/request is not yet filed with the court). Discussion held. Examination is limited to 8 hrs with each side to have 4 hrs. Court GRANTS motion and counsel will jointly agree on the language for the order. Judge: Ronald N. Boyce Court Reporter: Electronic Court Deputy: Trisha Little (tl) (Entered: 10/15/1998)
10/15/1998280Certificate of service by Microsoft re: ans to Caldera's req for adms (Entered: 10/16/1998)
10/15/1998281Stipulation by Caldera, Microsoft stip/motion to extend time for Caldera to respond to Microsoft's second request for admissions until 11/13/98 (Entered: 10/16/1998)
10/15/1998282Order granting [281-1] stip/motion to extend time for Caldera to respond to Microsoft's second request for admissions until 11/13/98 signed by Judge Samuel Alba , 10/14/98 (Entered: 10/16/1998)
10/15/1998283Order granting [276-1] stipulation motion Stipulation to extend time until 11/2/98, to file a memo in response to dft's motion for order to show cause why pla should not be held in contempt of court signed by Judge Dee Benson , 10/14/98 cc:atty. (Entered: 10/16/1998)
10/16/1998284Expedited Motion by Caldera for letter of request to approp authority in the UK (England & Wales) authorizing pla to take depo of Diran Kazandjian (Entered: 10/19/1998)
10/16/1998285Declaration of Stephen J. Hill IN SUPPORT Re: [284-1] motion for letter of request to approp authority in the UK (England & Wales) authorizing pla to take depo of Diran Kazandjian (Entered: 10/19/1998)
10/16/1998286Order granting [284-1] expedited motion for letter of request to approp authority in the UK (England & Wales) authorizing to take depo of Diran Kazandjian. Letter of Request as exh A to this order is hereby issued signed by Judge Ronald N. Boyce , 10/16/98 cc: attys. (note: exh A is Req for Intl Judicial Assistance purs to Hague Convention of 3/18/70 on the taking of evid in civil/crim matters. Per cnsl Stephen Hill - Judge RNB signed two originals of letter) Modified on 10/19/1998 (Entered: 10/19/1998)
10/20/1998287Response and objections by Caldera in opposition to subpoena served by Microsoft on 10/1/98 (Entered: 10/21/1998)
10/22/1998288Certificate of service by Microsoft re: Microsoft's answer to Caldera's second set of interrogs and responses to Caldera's third set of reqs for the prod of docs (Entered: 10/23/1998)
10/23/1998290Request for clarification re: certain statements made by the court at the hearing on 9/28/98: by defendant Microsoft (Entered: 10/26/1998)
10/23/1998291Memorandum by Microsoft in support of [290-1] clarification requested (Entered: 10/26/1998)
10/26/1998289Order granting in part, denying in part [245-1] motion to compel Novell to prod docs as to which atty-client has been waived or for which Novell has failed to support its claim of privilege. Novell & Microsoft are to meet & confer concerning the scope & extent of a waiver pursuant to the principles discussed by the Ct; Novell is to provide a more detailed privilege log by 10/19/98, signed by Judge Ronald N. Boyce, 10/23/98 cc: attys (Entered: 10/26/1998)
10/26/1998292Stipulation by Caldera, Microsoft stip/mot for protective order re: documents produced by Apple & marked "Highly Confidential" will be disseminated more restrictively (see stip/order in file for more details) (Entered: 10/27/1998)
10/26/1998292Order granting [292-1] stip/mot for protective order re: documents produced by Apple & marked "Highly Confidential" will be disseminated more restrictively (see stip/order in file for more details) signed by Judge Ronald N. Boyce, 10/26/98 cc: attys (Entered: 10/27/1998)
10/27/1998293Certificate of service by Microsoft re: 3rd set of requests for prod of docs (jag) (Entered: 10/28/1998)
10/29/1998294Motion by Caldera to disqualify Microsoft's counsel as counsel for Stefanie Reichel Individually (Entered: 10/29/1998)
10/29/1998295Declaration of Ralph H. Palumbo Re: [294-1] motion to disqualify Microsoft's counsel as counsel for Stefanie Reichel Individually (Entered: 10/29/1998)
10/30/1998296Order denying [250-1] motion to extend time set out in the fourth sched order by 120 days and expanding by 10 the on the number of party-affiliated depositions permitted, but is modified as follows: discovery cut-off date for depo of Caldera's undeposed trial wit(s) (see doc #260) is extended to 11/13/98; denying [255-1] motion to declare portions of Stefanie Reichel's deposition not confidential signed by Judge Ronald N. Boyce, 10/29/98 cc: attys (Entered: 10/30/1998)
10/30/1998297Stipulation by Microsoft, Novell Inc stip for protective order that Novell will produce copies of its 5 largest OEM contracts & a list of OEMs. All docs will be produced under the designation "highly confidential." (See stip in file for further details) (Entered: 10/30/1998)
10/30/1998298Protective Order granting [297-1] stip for protective order that Novell will produce copies of its 5 largest OEM contracts & a list of OEMs. All docs will be produced under the designation "highly confidential." Signed by Judge Ronald N. Boyce 10/28/98 cc: attys (see order in file for further details) (Entered: 10/30/1998)
11/02/1998300Return of service executed re: subp served on Dr. Lee Hollaar 10/27/98 (Entered: 11/03/1998)
11/03/1998299Order denying [294-1] motion to disqualify Microsoft's counsel as counsel for Stefanie Reichel; pla Caldera is to file an amended motion & memo addressing its standing to bring the motion for disqualification; the amd motion & memo should be filed and served w/in 15 days after rec't of order; dft Microsoft may then file its rply w/in time provided by rules signed by Judge Ronald N. Boyce, 11/2/98 cc: attys (Entered: 11/03/1998)
11/03/1998 Per M Judge RNB - docs #294 & 295 are to be unsealed. (Entered: 11/04/1998)
11/03/1998301Return of service executed served upon Scott Wilson c/o Dr. Evan Ivie & Dr. James R. Kearl on 10/29/98. (asb) (Entered: 11/04/1998)
11/03/1998302Sealed Exhibits filed by plaintiff Caldera RE: response to Microsofts mot/order to show cause (note: Caldera's resp to this motion not filed w/ct) (Entered: 11/04/1998)
11/05/1998303Motion by Caldera for leave to file Caldera's overlength resp to Microsoft's mot/order to show cause (Entered: 11/06/1998)
11/05/1998304Sealed Response by Caldera to [264-1] Microsoft's motion for an Order to show cause why pla & its cnsl should not be held in contempt of ct (Entered: 11/06/1998)
11/05/1998305SEALED Declaration of Ralph H. Palumbo IN SUPPORT Re: [304-1] Caldera's response to Microsoft's mot/order to show cause Modified on 11/06/1998 (Entered: 11/06/1998)
11/05/1998306SEALED Declaration of Stephen J. Hill IN SUPPORT Re: [304-1] Caldera's response to Microsoft's mot/order to show cause Modified on 11/06/1998 (Entered: 11/06/1998)
11/09/1998307Order granting [303-1] Caldera's motion for leave to file overlength resp to Microsoft's mot/order to show cause signed by Judge Dee Benson , 11/9/98 cc: attys (Entered: 11/10/1998)
11/09/1998308Return of service executed re: subp issued to Shawn Lynn, 11/1/98, personally. (Entered: 11/10/1998)
11/13/1998 Transcript of Proceedings for date(s) of 10/9/98 (ksp) (Entered: 11/13/1998)
11/13/1998309Stipulation by Caldera, Microsoft second stip to extend time to 11/30/98 for Caldera to respond Microsoft's 2nd req for admissions (Entered: 11/16/1998)
11/13/1998310Order granting [309-1] second stip to extend time to 11/30/98 for Caldera to respond Microsoft's 2nd req for admissions signed by Judge Ronald N. Boyce , 11/13/98 cc: attys (Entered: 11/16/1998)
11/16/1998311Return of service executed re: subp issued to Apple Computer, c/o Miguel Lopez, 11/9/98 (Entered: 11/16/1998)
11/17/1998312Notice of filing by Caldera re: ntc of withdrawal of mot/disqualify Microsoft's cnsl as cnsl for Stefanie Reichel individually (#294). (note: this mot/was termed on 11/3/98 per Order #299) (Entered: 11/18/1998)
11/17/1998313Declaration of Stephen J. Hill IN SUPPORT Re: [312-1] file notice re: ntc of withdrawl of motion to disqualify Microsoft's cnsl as cnsl for Stefanie Reichel, individually (Entered: 11/18/1998)
11/18/1998314Response by Caldera to [290-1] Microsoft's clarification request (Entered: 11/19/1998)
11/20/1998315Stipulation by Caldera, Microsoft to extend time to 12/2/98 for dft Microsoft to file reply memo in support of its mot/order to show cause (Entered: 11/23/1998)
11/20/1998316Motion by Microsoft to compel complete prod of docs obtained from third parties (Entered: 11/23/1998)
11/20/1998317Memorandum by Microsoft in support of [316-1] motion to compel complete prod of docs obtained from third parties (Entered: 11/23/1998)
11/30/1998318Stipulation by Caldera, Microsoft third stip to extend time to 12/18/98 for Caldera to resp to Microsoft's 2nd req for admissions (Entered: 12/01/1998)
11/30/1998319Stipulation by Caldera, Microsoft stip to extend time to 12/11/98 for Microsoft to file reply memo in support of their mot/order to show cause (Entered: 12/01/1998)
11/30/1998320Stipulation by Caldera, Microsoft stip to extend time to 12/2/98 for Microsoft to file its req for clarification (Entered: 12/01/1998)
11/30/1998321Order granting [318-1] third stip/mot to extend time to 12/18/98 for Caldera to resp to Microsoft's 2nd req for admissions signed by Judge Ronald N. Boyce , 11/30/98 cc: attys (Entered: 12/01/1998)
11/30/1998322Order granting [319-1] stip/motion to extend time to 12/11/98 for Microsoft to file reply memo in support of their mot/order to show cause signed by Judge Ronald N. Boyce , 11/30/98 cc: attys (Entered: 12/01/1998)
12/01/1998323Sealed Response by Microsoft to [294-1] motion to disqualify Microsoft's counsel as counsel for Stefanie Reichel Individually (Entered: 12/02/1998)
12/01/1998324Response Reply by Microsoft to [290-1] clarification requested (Entered: 12/02/1998)
12/03/1998325Motion by Novell Inc for protective order that prior to Novell's restoration of back-up tapes, Microsoft bear the reasonable cost incurred in such a restoration (Entered: 12/04/1998)
12/03/1998326Memorandum by Novell Inc in support of [325-1] motion for protective order that prior to Novell's restoration of back-up tapes, Microsoft bear the reasonable cost incurred in such a restoration (Entered: 12/04/1998)
12/03/1998 Affidavit of Steve Goodrich, rec'd on 12/3/98 was Lodged in file - not original signature (Entered: 12/04/1998)
12/04/1998327Order granting [320-1] stip/mot to extend time to 12/2/98 for Microsoft to file its req for clarification signed by Judge Dee Benson , 11/30/98 cc: attys (Entered: 12/07/1998)
12/04/1998328Motion and Order signed by Judge Dee Benson , 12/3/98 cc: attys . Granting motion /PHV for Attorney: Philip S. McCune on behalf of plaintiff Caldera (Entered: 12/07/1998)
12/04/1998329Motion by Microsoft to compel prod of docs from Novell re: twenty Netware License Agreements (Entered: 12/07/1998)
12/04/1998329Request for Oral Argument be set for 12/8/98 at 10:45 a.m filed by Microsoft, Novell Inc on [329-1] Microsoft's motion to compel prod of docs from Novell re: Netware License Agreements (Entered: 12/07/1998)
12/04/1998330Memorandum by Microsoft in support of [329-1] oral argument request, [329-1] motion to compel prod of docs from Novell re: Netware License Agreements (Entered: 12/07/1998)
12/07/1998331Objections by Novell Inc RE: [329-1] motion to compel prod of docs from Novell re: twenty Netware License Agreements (Entered: 12/08/1998)
12/07/1998331Request for Oral Argument on 12/8/98 filed by Novell Inc on [329-1] motion to compel prod of docs from Novell re: twenty Netware License Agreements (Entered: 12/08/1998)
12/08/1998332Order, extending time to 12/2/98 for dft Microsoft to file reply memo in support of its req for clarification signed by Judge Ronald N. Boyce , 12/7/98 cc: attys (note: motion not filed w/court) (Entered: 12/09/1998)
12/08/1998333Stip Order, Caldera, Microsoft & IBM stip to protective order re: IBM's prod of source code in response to Caldera's subpoena. Source codes produced shall be treated and receive same protections as source code produced by Microsoft purs to ct's order of 8/14/98 signed by Judge Ronald N. Boyce , 12/7/98 cc: attys (Entered: 12/09/1998)
12/08/1998334Minute entry: Arguments heard on Microsoft's motion to compel prod of docs from Novell re: tweny Netware License Agreements, doc #329 and Novell's motion for protective order that prior to Novell's restoration of back-up tapes, Microsoft bear the reasonable cost incurred in such a restoration, doc #325. Court DENIES Microsoft's motion to compel, doc #329. Microsoft will refile the subpoenas and renew their motion. Novell to prepare order. Court feels there should be an allocation of costs by both parties as to Novell's motion for protective order, doc #325. Parties are to try an reach an agreement. If not, they can come back and the court will decide matter. granting [329-1] requested, denying [329-1] motion to compel prod of docs from Novell re: twenty Netware License Agreements ; Judge: Ronald N. Boyce Court Reporter: Karen Murakami Court Deputy: Trisha Little (tl) (Entered: 12/09/1998)
12/10/1998 Transcript of Proceedings for date(s) of 12/8/98 re: tape recorded hrg of mot/compel held before RNB (Entered: 12/10/1998)
12/10/1998335Motion by Microsoft to compel prod of electronic data from pla's expert Evan Ivie , and to extend time to respond to Professor Ivie's rpt (Entered: 12/10/1998)
12/10/1998336Memorandum by Microsoft in support of [335-1] motion to compel prod of electronic data from pla's expert Evan Ivie, [335-2] motion to extend time to respond to Professor Ivie's rpt (Entered: 12/10/1998)
12/14/1998337Stipulation by Caldera, Microsoft stip to extend time for dft Microsoft Corp to file reply memo in support of its motion for order to show cause to 12/29/98 (asb) (Entered: 12/15/1998)
12/15/1998338Stipulation by Caldera, Microsoft stip for discovery from expert witnesses (Entered: 12/16/1998)
12/15/1998339Motion by Caldera to compel interrogs , and for document discovery (Entered: 12/16/1998)
12/16/1998340Order granting [337-1] stipulation motion stip to extend time for dft Microsoft Corp to file reply memo in support of its motion for order to show cause to 12/29/98 signed by Judge Dee Benson , 12/12/98 cc:atty (Entered: 12/16/1998)
12/17/1998341Motion and Order signed by Judge Dee Benson , 12/16/98 cc: attys . Granting motion /PHV for Attorney: Michael Tenenbaum on behalf of defendant Microsoft (Entered: 12/18/1998)
12/17/1998342Stipulation by Caldera, Microsoft stip/mot re: Microsoft's mot/to compel prod of docs obtained from 3rd ptys (see mot #316). Caldera does not oppose motion & motion may be granted. Caldera will produce unredacted copies of docs numbered INV001-INV035 on or before 12/23/98 (Entered: 12/18/1998)
12/18/1998343Certificate of service by Caldera re: resp to def Microsoft's second req/adms (Entered: 12/18/1998)
12/18/1998344Motion and Order signed by Judge Dee Benson , 12/18/98 cc: attys . Granting motion /PHV for Attorney: James T. Southwick on behalf of plaintiff Caldera (Entered: 12/21/1998)
12/22/1998345Order granting [338-1] stip/motion for discovery from expert witnesses signed by Judge Ronald N. Boyce , 12/22/98 cc: attys (Entered: 12/23/1998)
12/28/1998346Magistrate Notice of Hearing Motion hearing set for 2:00 1/14/99 for [335-1] motion to compel prod of electronic data from pla's expert Evan Ivie To be held before Judge Boyce. cc: cnsl (Entered: 12/28/1998)
12/28/1998347Motion by Novell Inc to quash Microsoft's fourth subp to Novell (Entered: 12/29/1998)
12/28/1998348Memorandum by Novell Inc in support of [347-1] motion to quash Microsoft's fourth subp to Novell (Entered: 12/29/1998)
12/30/1998349Order granting [316-1] motion to compel complete prod of docs obtained from third parties. Docs INV001-INV035 to be produced on or before 12/23/98 signed by Judge Ronald N. Boyce , 12/29/98 cc: attys (Entered: 01/04/1999)
12/31/1998350Motion by Caldera for Joinder RE: [347-1] Novell's motion to quash Microsoft's fourth subp to Novell , to quash Microsoft's fourth subp to Novell (Entered: 01/04/1999)
12/31/1998350Memorandum by Caldera in further support of [350-2] Caldera's motion to quash Microsoft's fourth subp to Novell, [347-1] Novell'smotion to quash Microsoft's fourth subp to Novell (Entered: 01/04/1999)
01/07/1999351Magistrate Notice of Hearing Motion hearing set for 2:00 2/4/99 for [347-1] Novell's motion to quash Microsoft's fourth subp to Novell To be held before Judge Boyce. cc: attys (Entered: 01/07/1999)
01/12/1999352Stipulation by Microsoft, Novell Inc to extend time to 1/13/99 for Novell to file obj to mot/quash subp issued by Microsoft on 1/8/99 (note: signatures not original) Modified on 01/13/1999 (Entered: 01/13/1999)
01/12/1999353Order granting [352-1] stipulation motion to extend time to 1/13/99 for Novell to file obj to mot/quash subp issued by Microsoft on 1/8/99 signed by Judge Ronald N. Boyce , 1/12/99 cc: attys (Entered: 01/13/1999)
01/12/1999354Stipulation by Caldera, Microsoft stip to extend time to 1/13/99 for Microsoft to file mem/opp to Caldera's mot/compel interrog & doc disc (Entered: 01/13/1999)
01/12/1999355Motion by Microsoft for partial summary judgment on pla's predisclosure claim (Entered: 01/13/1999)
01/12/1999356SEALED Memorandum by Microsoft in support of [355-1] motion for partial summary judgment on pla's predisclosure claim (Entered: 01/13/1999)
01/12/1999357Amd Certificate of service by Microsoft re: notice of depo of Janet Masinter (Entered: 01/13/1999)
01/13/1999358Order denying [329-1] Microsoft's motion to compel prod of docs from Novell re: twenty Netware License Agreements, granting in part, denying in part [325-1] Novell's motion for protective order that prior to Novell's restoration of back-up tapes. Microsoft to bear the reasonable cost incurred in such a restoration signed by Judge Ronald N. Boyce , 1/13/99 cc: attys (Entered: 01/14/1999)
01/13/1999359Motion by Novell Inc to quash Microsoft's 5th subpoena dtd 1/18/99 (Entered: 01/14/1999)
01/13/1999360Memorandum by Novell Inc in support of [359-1] motion to quash Microsoft's 5th subpoena dtd 1/18/99 (Entered: 01/14/1999)
01/13/1999361Affidavit of John P. Mullen (Entered: 01/14/1999)
01/13/1999362Return of service executed re: subp served on Novell c/o Loreto Jimenez, 1/8/99 (Entered: 01/14/1999)
01/14/1999363Order granting [354-1] stip/motion to extend time to 1/13/99 for Microsoft to file mem/opp to Caldera's mot/compel interrog & doc disc signed by Judge Dee Benson 1/13/99 cc: attys (Entered: 01/15/1999)
01/14/1999364Motion by Microsoft for leave to file overlength Mem/Opp to Mot/Compel Interrog & Doc Discovery (Entered: 01/15/1999)
01/14/1999365Memorandum by Microsoft in opposition to [339-1] motion to compel interrogs, [339-2] motion for document discovery (Entered: 01/15/1999)
01/20/1999366Order extending time until 1/22/99 for dft to file memo in resp to Novell's mot/quash dft's fourth subp to Novell signed by Judge Ronald N. Boyce , 1/20/99. cc: atty (ce) (Entered: 01/21/1999)
01/20/1999367Order granting dft's [364-1] motion for leave to file overlength Mem/Opp to Mot/Compel Interrog & Doc Discovery signed by Judge Ronald N. Boyce , 1/19/99. cc: atty (ce) (Entered: 01/21/1999)
01/20/1999368Affidavit of Betty Litke Re: [366-2] relief (ksp) (Entered: 01/21/1999)
01/21/1999369Order resolving [359-1] motion to quash Microsoft's 5th subpoena dtd 1/18/99. Ptys are to meet and confer to see if the matter can be resolved without hearing. If this is not possible, Novell may renew its motion by notice & Microsoft may reply. Ptys should meet & confer on this matter before 2/3/99 signed by Judge Ronald N. Boyce , 1/21/99 cc: attys (Entered: 01/25/1999)
01/22/1999370Motion and Order signed by Judge Dee Benson , 1/22/99 cc: attys . Granting motion /PHV for Attorney: Brendan P. Cullen on behalf of defendant Microsoft (Entered: 01/25/1999)
01/25/1999371Stipulation by Caldera, Microsoft to extend time to 1/27/99 for dft Microsoft to file four dispositive motions (Entered: 01/26/1999)
01/25/1999372Sealed Motion by Microsoft for partial summary judgment re: pla's state claim of tortious interference (Entered: 01/27/1999)
01/25/1999373SEALED Memorandum by Microsoft in support of [372-1] sealed motion for partial summary judgment re: pla's state claim of tortious interference (Entered: 01/27/1999)
01/25/1999374Sealed Motion by Microsoft for partial summary judgment re: pla's "product preannouncement" claims (Entered: 01/27/1999)
01/25/1999375Sealed Memorandum by Microsoft in support of [374-1] sealed motion for partial summary judgment re: pla's "product preannouncement" claims (Entered: 01/27/1999)
01/25/1999376Sealed Motion by Microsoft for partial summary judgment re: pla's claim of "perceived incompatibilities" (Entered: 01/27/1999)
01/25/1999377Sealed Memorandum by Microsoft in support of [376-1] Sealed motion for partial summary judgment re: pla's claim of "perceived incompatibilities" (Entered: 01/27/1999)
01/25/1999378Sealed Motion by Microsoft for partial summary judgment re: alleged intentional incompatibilities (Entered: 01/27/1999)
01/25/1999379Sealed Memorandum by Microsoft in support of [378-1] sealed motion for partial summary judgment re: alleged intentional incompatibilities (Entered: 01/27/1999)
01/25/1999380Sealed Motion by Microsoft for partial summary judgment re: pla's "technological tying" claim (Entered: 01/27/1999)
01/25/1999381Sealed Memorandum by Microsoft in support of [380-1] sealed motion for partial summary judgment re: pla's "technological tying" claim (Entered: 01/27/1999)
01/25/1999382Certificate of service [381-1] support memorandum, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [379-1] support memorandum, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [377-1] support memorandum, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [375-1] support memorandum, [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [373-1] support memorandum, [372-1] motion for partial summary judgment re: pla's state claim of tortious interference by Microsoft. NOTE: All above docs are SEALED (Entered: 01/27/1999)
01/26/1999383Motion by Microsoft for partial summary judgment re: Pla's European and Japanese Claims (Entered: 01/27/1999)
01/26/1999384Sealed Memorandum by Microsoft in support of [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims (Entered: 01/27/1999)
01/27/1999385Sealed Motion by Microsoft for partial summary judgment on claims re: Microsoft's licensing practices Modified on 01/28/1999 (Entered: 01/28/1999)
01/27/1999386Sealed Memorandum by Microsoft in support of [385-1] sealed motion for partial summary judgment on claims re: Microsoft's licensing practices (Entered: 01/28/1999)
01/27/1999387Sealed Motion by Microsoft for partial summary judgment on pla's product disparagement claims (Entered: 01/28/1999)
01/27/1999388Sealed Memorandum by Microsoft in support of [387-1] sealed motion for partial summary judgment on pla's product disparagement claims (Entered: 01/28/1999)
01/29/1999389Motion and Order signed by Judge Dee Benson, 1/29/99. Granting motion /PHV for Attorney: Richard H. Klapper on behalf of defendant Microsoft (Entered: 02/01/1999)
01/29/1999390AMENDED Notice of Hearing filed by movant Novell Inc : Motion hearing reset for 2:30 2/24/99 for [347-1] motion to quash Microsoft's fourth subp to Novell To be held before Judge RNB. Cnsl has notified ptys (Entered: 02/01/1999)
01/29/1999391Motion by Caldera to extend time to 3/31/99 for filing expert rebuttal reports (Entered: 02/01/1999)
01/29/1999392Memorandum by Caldera in support of [391-1] motion to extend time to 3/31/99 for filing expert rebuttal reports (Entered: 02/01/1999)
01/29/1999393Declaration of Stephen J. Hill (Entered: 02/01/1999)
01/29/1999394Motion by Microsoft to compel Novell to produce netware files and prepaid balance information This motion was originally filed under seal, however, RNB unsealed this on 2/12/99 Modified on 02/16/1999 (Entered: 02/01/1999)
01/29/1999395Memorandum by Microsoft in support of [394-1] sealed motion to compel Novell to produce netware files and prepaid balance information - This memo was originally filed under seal, however, RNB unsealed this on 2/12/99 Modified on 02/16/1999 (Entered: 02/01/1999)
01/29/1999395Memo in Response by Microsoft to [347-1] Novell's motion to quash Microsoft's fourth subp to Novell (Entered: 02/04/1999)
02/01/1999399AMENDED Certificate of service [395-1] support memorandum, [394-1] motion to compel Novell to produce netware files and balance information, [395-1] motion response by Microsoft (Entered: 02/04/1999)
02/02/1999396Affidavit of Steve Goodrich (Entered: 02/03/1999)
02/03/1999397Order granting [371-1] stip/motion to extend time to 1/27/99 for dft Microsoft to file four dispositive motions signed by Judge Ronald N. Boyce , 2/2/99 cc:atty (Entered: 02/04/1999)
02/03/1999398Stip Order, extending time to 1/29/99 for Microsoft to file Memo in Resp to Novell's Mot/Quash Microsoft's 4th Subp to Novell signed by Judge Ronald N. Boyce , 2/2/99 cc:atty (Entered: 02/04/1999)
02/04/1999400Minute entry: Argument & discussion heard. Crt granting in part, denying in part [394-1] motion to compel Novell to produce netware files and prepaid balance information. Grants motion to compel personnel records at the top two levels, as specified on the record. Documents produced nlt 2/22/99. Cnsl to inform Crt as to whether further hearing required on motion & cnsl are to meet to resolution of particulars & search parameters ; Judge: RNB Court Reporter: Laura Robinson Tape #: 1654/1655 Log #: 856-End/0-256 Court Deputy: Michael R. Weiler (mrw) (Entered: 02/05/1999)
02/05/1999401Motion by Microsoft to continue trial date, now set for 6/7/99, be continued for 3 months (Entered: 02/08/1999)
02/05/1999402Memorandum by Microsoft in support of [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months (Entered: 02/08/1999)
02/10/1999403Motion and Order signed by Judge Dee Benson, 2/9/99. Granting motion /PHV for Attorney: Lawrence C. Locker on behalf of plaintiff Caldera. cc: atty (ce) (Entered: 02/11/1999)
02/10/1999405Motion for permissive intervention to modify protective order by Bristol Tech (asb) (Entered: 02/12/1999)
02/10/1999406Memorandum by Bristol Tech in support of [405-1] motion for permissive intervention to modify protective order by Bristol Tech (asb) (Entered: 02/12/1999)
02/10/1999406Declaration of Patrick Lynch Re: [405-1] motion for permissive intervention to modify protective order by Bristol Tech (asb) (Entered: 02/12/1999)
02/11/1999404Memorandum by Caldera in opposition to [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months (asb) (Entered: 02/12/1999)
02/11/1999408Stipulation by Microsoft, Novell Inc stip between Microsoft & Novell to extend time for Novell to file reply memo in supp of mot/quash Microsoft's subp - reply will not be due until, and may be served at the same time as, Novell serves it's oppo memo to Microsoft's mot/compel prod of NetWare files and prepaid balance info (ce) (Entered: 02/16/1999)
02/11/1999409Motion by Caldera for leave to file pla's overlength memo in oppo to dft's mot/cont trial date (ce) (Entered: 02/16/1999)
02/11/1999410Declaration of Bryan Sparks Re: dft's [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months (ce) (Entered: 02/16/1999)
02/11/1999411SEALED Declaration of Thomas W. Burt and Steven L. Holley in support of [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months (ce) (Entered: 02/16/1999)
02/11/1999412Order granting [408-1] stip between Microsoft & Novell to extend time for Novell to file reply memo in supp of mot/quash Microsoft's subp - reply will not be due until, and may be served at the same time as, Novell serves it's oppo memo to Microsoft's mot/compel prod of NetWare files and prepaid balance info signed by Judge Ronald N. Boyce , 2/11/99. cc:atty (ce) (Entered: 02/16/1999)
02/12/1999407Order counsel for parties will not submit further pleadings under seal unless approved by the court for good cause shown signed by Judge Ronald N. Boyce , 2/12/99. cc:atty (ce) (Entered: 02/16/1999)
02/12/1999413Certificate of service by Microsoft re following memos in supp of motions for partial sum jgm: [379-1] support memorandum re: alleged intentional incompatibilities; [377-1] support memorandum re: pla's claim of perceived incompatibilities; [381-1] support memorandum re: pla's technological tying claim; [373-1] support memorandum re: pla's state law claim for tortious interference; [375-1] support memorandum re: pla's product preannouncement claims; [356-1] support memorandum re: pla's predisclosure claim; [388-1] support memorandum re: pla's product disparagement claims; [386-1] support memorandum re: pla's licensing practices; [384-1] support memorandum re: pla's European and Japanese claims (ce) (Entered: 02/16/1999)
02/12/1999414Notice of Hearing filed by defendant Microsoft : Motion hearing set for 2:00 2/18/99 for [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months To be held before Judge DB (ce) (Entered: 02/16/1999)
02/12/1999415Memorandum by Microsoft in opposition to [391-1] motion to extend time to 3/31/99 for filing expert rebuttal reports (ce) (Entered: 02/16/1999)
02/12/1999426Memorandum by Microsoft in support of [387-1] motion for partial summary judgment on pla's product disparagement claims (public version). Doc is oversized and placed in Volume E. Modified on 01/23/2003 (Entered: 02/18/1999)
02/12/1999427Memorandum by Microsoft in support of [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices (public version). Doc is oversized and placed in Volume E. Modified on 01/23/2003 (Entered: 02/18/1999)
02/12/1999428Memorandum by Microsoft in support of [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims (public version). Doc is oversized and placed in Volume E. Modified on 01/23/2003 (Entered: 02/18/1999)
02/12/1999429Memorandum by Microsoft in support of [380-1] motion for partial summary judgment re: pla's "technological tying" claim (public version). Doc is oversized and placed in Volume F. Modified on 01/23/2003 (Entered: 02/18/1999)
02/12/1999430Memorandum by Microsoft in support of [378-1] motion for partial summary judgment re: alleged intentional incompatibilities (public version). Doc is oversized and placed in Volume F. Modified on 01/23/2003 (Entered: 02/18/1999)
02/12/1999431Memorandum by Microsoft in support of [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities" (public version). Doc is oversized and placed in Volume F. Modified on 01/23/2003 (Entered: 02/18/1999)
02/12/1999432Memorandum by Microsoft in support of [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims (public version). Doc is oversized and placed in Volume F. Modified on 01/23/2003 (Entered: 02/18/1999)
02/12/1999433Memorandum by Microsoft in support of [355-1] motion for partial summary judgment on pla's predisclosure claim (public version). Doc is oversized and placed in Volume G. Modified on 01/23/2003 (Entered: 02/18/1999)
02/12/1999434Memorandum by Microsoft in support of [372-1] motion for partial summary judgment re: pla's state claim of tortious interference (public version). Doc is oversized and placed in Volume G. Modified on 01/23/2003 (Entered: 02/18/1999)
02/16/1999416SEALED Memorandum by Caldera in opposition to Microsoft's motion to compel Novell's production of netware files & preapid balance information (motion not yet received by court) (asb) Modified on 02/16/1999 (Entered: 02/16/1999)
02/16/1999416SEALED Memorandum by Caldera in support of [347-1] motion to quash Microsoft's fourth subp to Novell (asb) (Entered: 02/16/1999)
02/16/1999417Motion to intervene by San Jose Mercury News for limited purpose of seeking an order , to unseal court file (asb) (Entered: 02/17/1999)
02/16/1999418Memorandum by San Jose Mercury News in support of [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [417-2] motion to unseal court file (asb) (Entered: 02/17/1999)
02/16/1999419Declaration of Michael Patrick O'Brien Re: [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [417-2] motion to unseal court file (asb) (Entered: 02/17/1999)
02/16/1999420SEALED Reply by Microsoft to response to [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months (asb) (Entered: 02/17/1999)
02/16/1999421Motion by Microsoft for leave to file dfts overlength reply brief in supp of mot/cont trial date (ce) (Entered: 02/17/1999)
02/16/1999422Motion by Microsoft to file under seal dft's reply to pla's oppo to dft's mot/cont trial date (ce) (Entered: 02/17/1999)
02/16/1999423Memorandum by Microsoft in support of [422-1] motion to file under seal dft's reply to pla's oppo to dft's mot/cont trial date (ce) (Entered: 02/17/1999)
02/16/1999424Amended Second Notice of Hearing filed by movant Novell Inc : Motion hearing reset for 2:00 3/5/99 for [347-1] motion to quash Microsoft's fourth subp to Novell To be held before Judge RNB cc:atty (ce) (Entered: 02/17/1999)
02/17/1999425Motion and Order signed by Judge Dee Benson , 2/16/99 . Granting motion /PHV for Attorney: Robert G. Loewy on behalf of movant Bristol Tech (Entered: 02/18/1999)
02/18/1999435Minute entry:, Motion hearing held for [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months granting [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months, scheduling order deadlines: setting four week Jury Trial for 8:30 1/18/00 ; Judge: Dee Benson] Court Reporter: Ed Young Court Deputy: LaRene Christensen (Entered: 02/19/1999)
02/19/1999436Ex parte motion by Novell Inc for leave to file combined overlength memo in support of Novell's mot/quash & memo in opp to Microsoft's mot/compel (Entered: 02/22/1999)
02/19/1999437Stipulation by Microsoft, Novell Inc stip to extend time to 2/19/99 for Novell to file rply memo in support of their mot/quash & mem/opp to Microsoft's mot/compel (Entered: 02/22/1999)
02/19/1999438Order granting [437-1] stip motion to extend time to 2/19/99 for Novell to file rply memo in support of their mot/quash & mem/opp to Microsoft's mot/compel signed by Judge Ronald N. Boyce , 2/19/99 cc:atty (Entered: 02/22/1999)
02/19/1999439Order granting [421-1] Microsoft's motion for leave to file dfts overlength reply brief in supp of mot/cont trial date signed by Judge Dee Benson , 2/19/99 cc:atty (Entered: 02/22/1999)
02/19/1999440Order granting [422-1] motion to file under seal dft's reply to pla's oppo to dft's mot/cont trial date signed by Judge Dee Benson , 2/19/99 cc:atty (Entered: 02/22/1999)
02/19/1999441Affidavit of Karen Owens (Entered: 02/22/1999)
02/19/1999442Reply by Novell Inc to response to [347-1] motion to quash Microsoft's fourth subp to Novell (Entered: 02/22/1999)
02/19/1999442Memorandum by Novell Inc in opposition to [394-1] motion to compel Novell to produce netware files and prepaid balance information (Entered: 02/22/1999)
02/22/1999443Motion by Caldera to compel production of improperly withheld docs (Entered: 02/23/1999)
02/22/1999444Memorandum by Caldera in support of [443-1] motion to compel production of improperly withheld docs (Entered: 02/23/1999)
02/22/1999445Motion by Caldera for leave to file overlength mem/supp to their mot/compel production of improperly withheld docs (Entered: 02/23/1999)
02/22/1999446Declaration of Stephen J. Hill IN SUPPORT Re: [443-1] Caldera's motion to compel production of improperly withheld docs (Entered: 02/23/1999)
02/22/1999447Certificate of service [442-1] opposition memorandum, [442-1] response reply, [441-1] affidavit of Karen Owens, [436-1] ex parte motion for leave to file combined overlength memo in of Novell's mot/quash & memo in opp to Microsoft's mot/compel and proposed Order to file overlength memo by Novell Inc (Entered: 02/23/1999)
02/23/1999 Docs #426-434 - Dft's memos in support of various motions for partial sum jgm have been placed in a white file box and labeled as Volume E. Volume E is located on the shelf (Entered: 02/23/1999)
02/23/1999448Ex parte order granting [436-1] Novell's ex parte motion for leave to file combined overlength memo in support of Novell's mot/quash & memo in opp to Microsoft's mot/compel signed M Judge RNB 2/23/99 cc: atty (Entered: 02/24/1999)
02/23/1999 Affidavit of Daivd Trotter IN OPPOSITION to Microsoft's mot/compel rec'd on 2/23/99 was lodged in file. Aff is not an orig with orig signature (Entered: 02/24/1999)
02/24/1999449AMENDED Notice of Hearing filed by defendant Microsoft : Motion hearing set for 3:00 3/15/99 for [394-1] motion to compel Novell to produce netware files and prepaid balance information, set for 3:00 3/15/99 for [350-2] motion to quash Microsoft's fourth subp to Novell, reset for 3:00 3/15/99 for [347-1] motion to quash Microsoft's fourth subp to Novell To be held before Judge RNB cc: done by cnsl (Entered: 02/25/1999)
02/25/1999450Affidavit of Janet Masinter (Entered: 02/26/1999)
02/25/1999451Affidavit of David Trotter IN OPPOSITION Re: Microsoft's mot/compel (can't determine which mot/compel filed by Microsoft) (Entered: 02/26/1999)
03/02/1999 Transcript of Proceedings for date(s) of 2/4/99 re: Caldera's mot/compel hearing held before M Judge RNB (Entered: 03/02/1999)
03/02/1999452Scheduling order resetting; 4 week Jury Trial for 8:30 1/18/00. First portion of trial will be reserved for hrg of mots/in limine & other trial-related motions as approp. Signed by Judge Dee Benson 2/24/99 cc:atty. (Entered: 03/03/1999)
03/02/1999453Motion by Microsoft for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act" (Entered: 03/03/1999)
03/02/1999454Memorandum by Microsoft in support of [453-1] motion for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act" (Entered: 03/03/1999)
03/03/1999455Memorandum by Microsoft in opposition to Bristo. Tech's [405-1] motion for permissive intervention to modify protective order (ce) (Entered: 03/04/1999)
03/04/1999456Reply by Bristol Tech to response to [405-1] motion for permissive intervention to modify protective order by Bristol Tech (Entered: 03/05/1999)
03/10/1999457Reply by Microsoft to response to [394-1] motion to compel Novell to produce netware files and prepaid balance information (Entered: 03/11/1999)
03/11/1999459Motion by Bloomberg LP to intervene by Bloomberg LP , for Joinder w/movant The San Jose Mercury News motions filed 2/16/99 (note: these motions have not been filed with the court as The San Jose Mercury News has not yet been allowed to intervene , to unseal the court file (ce) (Entered: 03/12/1999)
03/11/1999460Memorandum by Bloomberg LP in support of [459-1] motion to intervene by Bloomberg LP, [459-2] motion for Joinder w/movant The San Jose Mercury News motions filed 2/16/99 (note: these motions have not been filed with the court as The San Jose Mercury News has not yet been allowed to intervene, [459-3] motion to unseal the court file (ce) (Entered: 03/12/1999)
03/11/1999461Affidavit of Vivien Chen in support of [459-1] motion to intervene by Bloomberg LP, [459-2] motion for Joinder w/movant The San Jose Mercury News motions filed 2/16/99 (note: these motions have not been filed with the court as The San Jose Mercury News has not yet been allowed to intervene, [459-3] motion to unseal the court file (ce) (Entered: 03/12/1999)
03/12/1999458Magistrate Notice of Hearing Motion hearing set for 2:00 3/23/99 for [405-1] motion for permissive intervention to modify protective order by Bristol Tech To be held before Judge Boyce cc:atty (ce) (Entered: 03/12/1999)
03/15/1999462Minute entry: Arguments heard. Court rules GRANTING [350-2] motion to quash Microsoft's fourth subp to Novell, GRANTING [347-1] motion to quash Microsoft's fourth subp to Novell; DENYING Microsoft's motion to enforce subpoenas. Novell to prepare order. Judge Ronald N. Boyce Court Reporter: Karen Murakami Tape #: 1672 Log #: 2648-3028 Court Deputy: Trisha Little (tl) (Entered: 03/15/1999)
03/16/1999463Memorandum by Caldera in support of [405-1] motion for permissive intervention to modify protective order by Bristol Tech (Entered: 03/17/1999)
03/18/1999464Motion by SL Tribune to intervene by SL Tribune , for Joinder RE: [459-1] motion to intervene by Bloomberg LP, [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [405-1] motion for permissive intervention to modify protective order by Bristol Tech , to unseal court file (ce) (Entered: 03/19/1999)
03/18/1999465Memorandum by SL Tribune in support of [464-1] motion to intervene by SL Tribune, [464-2] motion for Joinder RE: [459-1] motion to intervene by Bloomberg LP, [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [405-1] motion for permissive intervention to modify protective order by Bristol Tech, [464-3] motion to unseal court file (ce) (Entered: 03/19/1999)
03/22/1999466Memorandum by Microsoft in opposition to [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [417-2] motion to unseal court file (Entered: 03/23/1999)
03/23/1999467Minute entry: Arguments heard. Hearing is continued until 3/26/99 at 10:45 p.m. pending the ruling of Judge Hall in related matter. [405-1] motion for permissive intervention to modify protective order by Bristol Tech NOT RULED ON, Motion hearing reset for 10:45 3/26/99 for [405-1] motion for permissive intervention to modify protective order by Bristol Tech ; Judge: Ronald N. Boyce Court Reporter: Electronic Tape #: 1680 Log #: 806-1592 Court Deputy: Trisha Little (tl) (Entered: 03/23/1999)
03/23/1999468Scheduling Order setting hearing of all dft's mots for partial sum jgm for 5/25/99; 5/27/99; 6/8/99; 6/10/99 and 6/16/99. Caldera to file mem opps to motions scheduled for hrg on 5/25/99 nlt 4/5/99, dft's reply due nlt 5/3/99; Caldera's mem opps to motions scheduled for 5/27/99 due nlt 4/7/99, reply due 5/5/99; mem opp for hrg of 6/8/99 due nlt 4/14/99 reply due nlt 5/12/99; mem opp for hrg of 6/10/99 due nlt 4/16/99 and reply due nlt 5/14/99; mem opp for hrg of 6/16/99 due nlt 4/23/99 and reply due nlt 5/21/99. Signed by Judge DB, 3/22/99. cc: attys (Entered: 03/24/1999)
03/23/1999 Motion hearing re: [387-1] motion for partial summary judgment on pla's product disparagement claims at 1:30 5/25/99, [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims at 1:30 5/25/99. To be held before Judge Benson per sched order #468 (Entered: 03/24/1999)
03/23/1999 Motion hearing re: [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices at 1:30 5/27/99 to be held before Judge Benson. See Sched Order #468 (Entered: 03/24/1999)
03/23/1999 Motion hearing re: [378-1] motion for partial summary judgment re: alleged intentional incompatibilities at 1:30 6/8/99, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities" at 1:30 6/8/99 to be held before Judge Benson. See Sched Order #468 (Entered: 03/24/1999)
03/23/1999 Motion hearing re: [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims at 1:30 6/10/99, [355-1] motion for partial summary judgment on pla's predisclosure claim at 1:30 6/10/99 to be held before Judge Benson. See Sched Order #468 (Entered: 03/24/1999)
03/23/1999 Motion hearing re: [380-1] motion for partial summary judgment re: pla's "technological tying" claim at 1:30 6/16/99 to be held before Judge Benson. See Sched Order #468 (Entered: 03/24/1999)
03/23/1999 Motion hearing re: [372-1] motion for partial summary judgment re: pla's state claim of tortious interference at 1:30 6/10/99 to be held before Judge Benson. See Sched Order #468 (Entered: 03/24/1999)
03/23/1999469Motion by Microsoft for leave to file overlength mem/opp to Calderan's mot/compel prod of improperly withheld docs (Entered: 03/24/1999)
03/23/1999470Memorandum by Microsoft in opposition to [443-1] motion to compel production of improperly withheld docs (Entered: 03/24/1999)
03/23/1999471Declaration of Jay Holtmeier IN OPPOSITION Re: [443-1] motion to compel production of improperly withheld docs. Doc is oversized and placed in Volume H. Modified on 01/23/2003 (Entered: 03/24/1999)
03/26/1999472Notice of filing by San Jose Mercury re: ntc of substitution of cnsl for San Jose Mercury News. Attys Edward P. Davis and James Chadwick of Gary, Cary, Ware & Freidenrich is acting in place of Suzanne Heinrich & Richard F. Cauley. Pro hac forms to be filed. (Entered: 03/29/1999)
03/26/1999473Memorandum by Caldera in opposition to [453-1] motion for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act" (Entered: 03/29/1999)
03/29/1999474Motion by Caldera for leave to file under seal, Caldera's memo in support of the San Jose Mercury News, SL Tribune & Bloomberg LP's mots/intervene & unseal court file (Entered: 03/29/1999)
03/29/1999475Memorandum by Caldera in support of [464-1] motion to intervene by SL Tribune, [464-3] motion to unseal court file, [459-1] motion to intervene by Bloomberg LP, [459-3] motion to unseal the court file, [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [417-2] motion to unseal court file (Entered: 03/29/1999)
03/29/1999476Order denying [474-1] motion for leave to file under seal, Caldera's memo in support of the San Jose Mercury News, SL Tribune & Bloomberg LP's mots/intervene & unseal court file signed by Judge Ronald N. Boyce , 3/29/99 cc:atty (Entered: 03/30/1999)
03/29/1999477Order granting [469-1] Microsoft's motion for leave to file overlength mem/opp to Calderan's mot/compel prod of improperly docs signed by Judge Ronald N. Boyce , 3/29/99 cc:atty (Entered: 03/30/1999)
03/30/1999 Certif of service re'd on 3/30/99 by Caldera re: memo in support of San Jose Mercury News, SL Trib, & Bloomberg LP motions to intervene and unseal court file (redacted version) was lodged in file. Judge RNB denied mot/seal orig memo with exhibits and redacted version of the memo was returned on 3/30/99 to cnsl Ryan Tibbitts (Entered: 03/31/1999)
03/31/1999478Certificate of service [475-1] support memorandum by Caldera (Entered: 04/01/1999)
04/02/1999479Reply by Microsoft to response to [453-1] motion for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act" (Entered: 04/05/1999)
04/05/1999480Minute entry: Arguments heard on defendant's request to supplement their briefs for clarification. Court rules that Microsoft may file supplemental briefs within 10 days to clarify their section 1 and 2 issues in their leave to amend their partial summary judgment motions. Caldera will then have an additional 10 days to respond to those clarifications. The psumjgm motions will be heard before Judge Benson. GRANTING [453-1] motion for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act" ; Judge: Ronald N. Boyce Court Reporter: Electronic Tape #: 1689 Log #: 2294-3278 Court Deputy: Trisha Little (tl) (Entered: 04/05/1999)
04/05/1999481Motion by Caldera to strike Microsoft's partial sum jgm breifs relating to substantive antitrust violations [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for partial summary judgment on pla's predisclosure claim (Entered: 04/07/1999)
04/07/1999482Memorandum by Caldera in support of [481-1] motion to strike Microsoft's partial sum jgm breifs relating to substantive antitrust violations [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for partial summary judgment on pla's predisclosure claim. Per Judge RNB - this memo is not filed under seal (Entered: 04/07/1999)
04/07/1999483Order, for leave to withdraw pleadings from file that were filed by Caldera with the Ct on 4/7/99 signed by Judge Dee Benson , 4/7/99 cc:atty. Note: pleadings were released by Louise York to Ryan Tibbitts, cnsl for Caldera on 4/7/99 (Entered: 04/09/1999)
04/09/1999490Response by Microsoft to [453-1] motion for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act". Per Judge RNB - ltr is to be docketed as a response (Entered: 04/14/1999)
04/12/1999486Reply by San Jose Mercury to response to [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [417-2] motion to unseal court file (ce) (Entered: 04/13/1999)
04/12/1999487Declaration of Edward P. Davis, Jr. in supp of [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [417-2] motion to unseal court file (ce) (Entered: 04/13/1999)
04/13/1999484Motion by Caldera for leave to file under seal, Caldera's reply memo in support of it's mot/compel prod of improperly withheld docs (Entered: 04/13/1999)
04/13/1999485Order denying [484-1] Caldera's motion for leave to file under seal, Caldera's reply memo in support of it's mot/compel prod of improperly withheld docs signed by Judge Ronald N. Boyce , 4/12/99 cc:atty (Entered: 04/13/1999)
04/13/1999488Reply by Caldera to response to [443-1] motion to compel production of improperly withheld docs (ce) (Entered: 04/13/1999)
04/13/1999489Declaration of Philip S. McCune in supp of [488-1] response reply of pla in supp of pla's mot/compel prod of improperly withheld documents (ce) (Entered: 04/13/1999)
04/15/1999491Motion and Order signed by Judge Dee Benson , 4/14/99 . Granting motion /PHV for Attorney: James Chadwick, Edward P. Davis on behalf of movant San Jose Mercury (Entered: 04/15/1999)
04/21/1999492Motion by Microsoft for order that certain exhibits and information be filed under seal re: info contained in memo filed by pla Caldera Modified on 04/22/1999 (Entered: 04/22/1999)
04/21/1999493Motion by Microsoft for leave to file under seal dft's memo in support of mot/for order that certain exh & info be filed under seal (Entered: 04/22/1999)
04/21/1999494Memorandum by Microsoft in support of [493-1] motion for leave to file under seal dft's memo in support of mot/for order that certain exh & info be filed under seal (Entered: 04/22/1999)
04/21/1999495Memorandum by Microsoft in support of [492-1] motion for order that certain exhibits and information be filed under seal re: info contained in memo filed by pla Caldera (Entered: 04/22/1999)
04/27/1999496Order denying [394-1] Microsoft's motion to compel Novell to produce netware files and prepaid balance information, granting [350-2] Caldera's motion to quash Microsoft's fourth subp to Novell, granting [347-1] Novell's motion to quash Microsoft's fourth subp to Novell signed by Judge Ronald N. Boyce , 4/27/99 cc:atty (Entered: 04/28/1999)
04/28/1999497Notice of filing Caldera's Consolidated Stmt of Facts in Support of its Responses (Redacted Version note: responses forthcoming) re: Microsoft's [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's practices, [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for partial summary judgment on pla's predisclosure claim by Caldera (Entered: 04/28/1999)
04/28/1999498Addendum/Corrections to [497-1] file notice re: consolidated stmt of facts filed by Caldera . (Entered: 04/29/1999)
04/28/1999499Notice of Hearing filed by movant San Jose Mercury : Motion hearing set for 2:00 5/20/99 for [464-1] motion to intervene by SL Tribune, set for 2:00 5/20/99 for [464-3] motion to unseal court file, set for 2:00 5/20/99 for [459-1] motion to intervene by Bloomberg LP, set for 2:00 5/20/99 for [459-3] motion to unseal the court file, set for 2:00 5/20/99 for [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, set for 2:00 5/20/99 for [417-2] motion to unseal court file To be held before Judge RNB cc:atty (Entered: 04/29/1999)
04/29/1999 Tele-conference held with counsel on the filing/sealing of Caldera's motions. A hearing to be held after counsel for Microsoft has a chance to review the motions. (tl) (Entered: 04/29/1999)
04/29/1999500Motion by Caldera for leave to file publicly file mem/opp to dft's mot/part sum jgm on pla's technolgical tying claim (Entered: 04/30/1999)
04/29/1999501Memorandum by Caldera in opposition to [380-1] motion for partial summary judgment re: pla's "technological tying" claim (Entered: 04/30/1999)
04/29/1999502Declaration of Lynn M. Engel IN SUPPORT Re: [501-1] Caldera's opposition memorandum to dft's mot/part sum jgm on technological tying claim. Doc is oversized and placed in Volume I. Modified on 01/23/2003 (Entered: 04/30/1999)
05/03/1999503Memorandum by Caldera in opposition to [387-1] motion for partial summary judgment on pla's product disparagement claims (Entered: 05/04/1999)
05/03/1999504Memorandum by Caldera in opposition to [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices (redacted version) (Entered: 05/04/1999)
05/03/1999505Memorandum by Caldera in opposition to [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims (Entered: 05/04/1999)
05/03/1999506Order granting [453-1] motion for leave to file clarification to its mots/partial sum jgm stating that Microsoft's motions seek dismissal of certain allegations "in their entirety, including any claims under Section 1 or 2 of the Sherman Act". Dft may have 10 addtl days to make any modifications to the mem/sups to their mots/partial sum jgm as necessary signed by Judge Ronald N. Boyce , 4/30/99 cc:atty (Entered: 05/04/1999)
05/03/1999507Memorandum by Microsoft in opposition to [481-1] motion to strike Microsoft's partial sum jgm briefs relating to substantive antitrust violations [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for partial summary judgment on pla's predisclosure claim (Entered: 05/04/1999)
05/03/1999509Memorandum by Microsoft in opposition to [500-1] motion for leave to file publicly file mem/opp to dft's mot/part sum jgm on pla's technolgical tying claim in support of [508-1] 2nd motion for order that certain exhibits and information attached to memos filed by Caldera on 4/19 and 4/20 be filed under seal (Entered: 05/04/1999)
05/04/1999508Second Motion by Microsoft for order that certain exhibits and information attached to memos filed by Caldera on 4/19 and 4/20 be filed under seal (Entered: 05/04/1999)
05/04/1999510Notice of Hearing filed by plaintiff Caldera : Motion hearing set for 4:00 5/18/99 for [443-1] motion to compel production of improperly withheld docs To be held before Judge RNB cc: done by cnsl (Entered: 05/05/1999)
05/05/1999511Third Motion by Microsoft 3rd motion for order to seal certain exhibits and information re: one expert rpt attached to memo filed by dft Microsoft on 5/5/99 (Entered: 05/06/1999)
05/05/1999512Memorandum by Microsoft in support of [511-1] 3rd motion for order to seal certain exhibits and information re: one expert rpt attached to memo filed by dft Microsoft on 5/5/99 (Entered: 05/06/1999)
05/05/1999513Motion by Microsoft for leave to file overlength memo in resp & objecting to Caldera's Consolidated Stmt of Facts (Entered: 05/06/1999)
05/05/1999514Response by Microsoft (public version) to [497-1] Caldera file notice re: Consolidated Stmt of Facts (redacted version) in support of its responses to Microsoft's mots/partial sum jgm. Doc is oversized and placed in Volume I. Modified on 01/23/2003 (Entered: 05/06/1999)
05/05/1999514Objections (public version) by Microsoft [497-1] file notice re: Caldera's Consolidated Stmt of Facts in support of its responses (redacted version) to Microsoft's mots/partial sum jgm. Doc is oversized and placed in Volume I. Modified on 01/23/2003 (Entered: 05/06/1999)
05/05/1999515Unsealed Response by Microsoft to [497-1] file notice re: Caldera's Consolidated Stmt of Facts. Unsealed purs to Order #665. Doc oversized and placed in Volume V. Modified on 01/23/2003 (Entered: 05/06/1999)
05/05/1999515Unsealed Objections by Microsoft [497-1] file notice re: Caldera's Consolidated Stmt of Facts. Unsealed purs to Order #665. Doc is oversized and placed in Volume V. Modified on 01/24/2003 (Entered: 05/06/1999)
05/06/1999516Reply by Microsoft to response to [387-1] motion for partial summary judgment on pla's product disparagement claims (Entered: 05/06/1999)
05/06/1999516Objections by Microsoft to the declaration of Evan Ivie (Entered: 05/06/1999)
05/06/1999517Motion by Microsoft for leave to file overlength reply memo in support of Microsoft's mot/partial sum jgm on Caldera's Product Disparagement Claims & Obj to decl of Evan Ivie (Entered: 05/06/1999)
05/06/1999518Motion by Microsoft for leave to file overlength rply memo re: dft's mot/part sum jgm on Product Preannouncement Claims (Entered: 05/06/1999)
05/06/1999519Reply by Microsoft to response to [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims (Entered: 05/06/1999)
05/06/1999520Certificate of service by Caldera re: suppl resp to Microsoft's interrogs (Entered: 05/06/1999)
05/07/1999521Exhibits - 5 Volumes of Depo Excerpts filed by plaintiff Caldera IN SUPPORT RE: [497-1] file notice re: Caldera's consolidated fact stmt in support of resp to mots/sum jgm by Microsoft (public version). Labeled as Volume J. Modified on 01/23/2003 (Entered: 05/10/1999)
05/07/1999522Exhibits consisting of volumes 8-18 filed by plaintiff Caldera IN SUPPORT RE: [497-1] file notice re: Caldera's Consolidated Stmt of Fact of responses to mots/sum jgm filed by dft (public version). Consists of 11 oversized documents and placed in Volumes K, L, M, N. Modified on 01/23/2003 (Entered: 05/10/1999)
05/07/1999523Exhibits consisting of volumes 19-28 filed by plaintiff Caldera IN SUPPORT RE: [497-1] file notice re: Caldera's Consolidated Stmt of Fact of responses to mots/sum jgm filed by dft (public version). Consists of 10 oversized documents and placed in Volumes O,P,Q. Modified on 01/23/2003 (Entered: 05/10/1999)
05/10/1999524Motion by Microsoft for leave to file overlength reply memo in support of their mot/partial sum jgm on pla's licensing practices claims (Entered: 05/11/1999)
05/10/1999525Reply by Microsoft to response to [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices (Entered: 05/11/1999)
05/11/1999526Amended [355-1] motion for partial summary judgment on pla's predisclosure claim amd mot/for partial summary judgment re: pla's predisclosure claim by Microsoft (Entered: 05/13/1999)
05/11/1999527Amended [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices amd mot/for partial summary judgment re: Microsoft's licensing practices by Microsoft (Entered: 05/13/1999)
05/11/1999528Amended [380-1] motion for partial summary judgment re: pla's "technological tying" claim amd mot/for partial summary judgment on pla's technological tying claim by Microsoft (Entered: 05/13/1999)
05/11/1999529Amended [378-1] motion for partial summary judgment re: alleged intentional incompatibilities amd mot/for partial summary judgment re: alleged intentional incompatibilities by Microsoft (Entered: 05/13/1999)
05/11/1999530Amended [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities" amd mot/for partial summary judgment on pla's claim of perceived incompatibilities by Microsoft (Entered: 05/13/1999)
05/11/1999531Certificate of service [530-1] amd mot/for partial summary judgment on pla's claim of perceived incompatibilities, [529-1] amd mot/for partial summary judgment re: alleged intentional incompatibilities, [528-1] amd mot/for partial summary judgment on pla's technological tying claim, [527-1] amd mot/for partial summary judgment re: Microsoft's licensing practices, [526-1] amd mot/for partial summary judgment re: pla's predisclosure claim by Microsoft (Entered: 05/13/1999)
05/17/1999541Suppl Pleading/Memorandum by Bristol Tech in support of [405-1] motion for permissive intervention to modify protective order by Bristol Tech (Entered: 05/20/1999)
05/17/1999541Request for further hrg filed by Bristol Tech re: [405-1] motion for permissive intervention to modify protective order by Bristol Tech (Entered: 05/20/1999)
05/18/1999532Minute entry: Arguments heard on Caldera's motion to compel production of improperly withheld documents, doc #443. The issues are narrowed and clarified. Court rules: GRANTING in part. Caldera to prepare order in a narrow sharp fashion; submit it to other side. If any question, counsel to meet and confer until agreement is made. Court does not wish an order submitted with objections. GRANTING in part [443-1] motion to compel production of improperly withheld docs ; Judge: Ronald N.Boyce Court Reporter: Karen Murakami Tape #: 1715/1716 Log #: 2722-end and 0-989 Court Deputy: Trisha Little (tl) (Entered: 05/19/1999)
05/18/1999533Order granting [513-1] motion for leave to file overlength memo in resp & objecting to Caldera's Consolidated Stmt of Facts signed by Judge Dee Benson , 5/17/99 cc:atty (Entered: 05/20/1999)
05/18/1999534Order granting [518-1] motion for leave to file overlength rply memo re: dft's mot/part sum jgm on Product Preannouncement Claims signed by Judge Dee Benson , 5/17/99 cc:atty (Entered: 05/20/1999)
05/18/1999535Order granting [517-1] motion for leave to file overlength reply memo in support of Microsoft's mot/partial sum jgm on Caldera's Product Disparagement Claims & Obj to decl of Evan Ivie signed by Judge Dee Benson , 5/17/99 cc:atty (Entered: 05/20/1999)
05/18/1999536Order granting [524-1] motion for leave to file overlength reply memo in support of their mot/partial sum jgm on pla's licensing practices claims signed by Judge Dee Benson , 5/17/99 cc:atty (Entered: 05/20/1999)
05/19/1999 Transcript of Proceedings for date(s) of 5/18/99. Court Reporter: Karen Murakami. re: Motion to Compel prod of docs which Microsoft claims as atty-client or work product privilege held before M Judge RNB (Entered: 05/19/1999)
05/19/1999537Motion by Microsoft for leave to file overlength reply memo re: Microsoft's mot/part sum jgm on Caldera's claim of perceived incompatibilities (Entered: 05/20/1999)
05/19/1999538Reply by Microsoft to response to [529-1] amd mot/for partial summary judgment re: alleged incompatibilities, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities (Entered: 05/20/1999)
05/19/1999538Objections by Microsoft to suppl declaration of Lee Hollaar (Entered: 05/20/1999)
05/19/1999539Motion by Microsoft for leave to file overlength rply mem re: Microsoft's mot/part sum jgm on pla's alleged intentional incompatibilities Claims & Obj to Suppl Declaration of Lee Hollaar (Entered: 05/20/1999)
05/19/1999540Reply by Microsoft to response to [530-1] amended motion for partial summary judgment on pla's claim of perceived incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities" (Entered: 05/20/1999)
05/20/1999542AMENDED Scheduling order setting hearing on dft's mots/partial sum jgm for 5/25/99, 5/27/99, 6/8/99, 6/10/99, 6/16/99 and 6/29/99. Caldera to file opposing memos scheduled for hrg on 5/25/99 nlt 4/5/99, reply due nlt 5/5/99; opposing memos for scheduled hrg on 5/27/99 due nlt 4/19/99, reply due nlt 5/11/99; opposing memos for scheduled hrg on 6/8/99 due nlt 4/19/99, reply due nlt 5/19/99; opposing memos for hrg on 6/10/99 due nlt 4/20/99, reply due nlt 5/20/99; opposing memos for hrg on 6/16/99 due nlt 4/28/99, reply due nlt 5/28/99; Caldera's rply to their mot/strike partial sum jgm briefs due nlt 5/28/99. Signed by Judge Dee Benson 5/19/99 cc:atty. (Entered: 05/21/1999)
05/20/1999543Motion by Microsoft for leave to file overlength reply mem re: mot/part sum jgm on pla's state law claim of tortious interference (Entered: 05/21/1999)
05/20/1999544Reply by Microsoft to response to [372-1] motion for partial summary judgment re: pla's state claim of tortious interference (Entered: 05/21/1999)
05/20/1999549Minute entry: Standing issue discussed. Arguments heard. Court rules GRANTING in part the motion to Intervene applying a 1st amendment right of access. The courts order of 2/12/99 stands regarding future filing of documents under seal.. Proprietary trade secrets and technology are protected. Microsoft agrees to send a list of the sealed documents to the media. The media will ask for those that they wish unsealed and Microsoft will submit a motion as to those that they agree to. All information from this hearing will be memorialized in an order by Mike O'Brien. granting in part, denying in part [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, granting in part, denying in part [417-2] motion to unseal court file granting in part, denying in part [459-1] motion to intervene by Bloomberg LP, granting in part, denying in part [459-2] motion for Joinder w/movant The San Jose Mercury News motions filed 2/16/99 (note: these motions have not been filed with the court as The San Jose Mercury News has not yet been allowed to intervene, granting in part, denying in part [459-3] motion to unseal the court file granting in part, denying in part [464-1] motion to intervene by SL Tribune, granting in part, denying in part [464-2] motion for Joinder RE: [459-1] motion to intervene by Bloomberg LP, [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order, [405-1] motion for permissive intervention to modify protective order by Bristol Tech, granting in part, denying in part [464-3] motion to unseal court file ; Judge: Ronald N. Boyce Court Reporter: Laura Robinson Tape #: 1718/1719 Log #: 2037-end and 0-1991 Court Deputy: Trisha Little (tl) (Entered: 05/26/1999)
05/21/1999 Motion hearing re: [387-1] motion for partial summary judgment on pla's product disparagement claims at 1:30 5/25/99, [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims at 1:30 5/25/99. See amended sched order 542 (Entered: 05/21/1999)
05/21/1999 Motion hearing re: [527-1] amd mot/for partial summary judgment re: Microsoft's licensing at 1:30 5/27/99. See amd sched order 542 (Entered: 05/21/1999)
05/21/1999 Motion hearing re: [530-1] amd mot/for partial summary judgment on pla's claim of perceived incompatibilities at 1:30 6/8/99, [529-1] amended motion for partial summary judgment re: alleged intentional incompatibilities at 1:30 6/8/99, [526-1] amended motion for partial summary judgment re: pla's predisclosure claim at 1:30 6/8/99. See amd sched order 542 (Entered: 05/21/1999)
05/21/1999 Motion hearing re: [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims at 1:30 6/10/99 (Entered: 05/21/1999)
05/21/1999 Motion hearing re: [372-1] motion for partial summary judgment re: pla's state claim of tortious interference at 1:30 6/10/99. See amd sched order 542 (Entered: 05/21/1999)
05/21/1999 Motion hearing re: [528-1] amended motion amd mot/for partial summary judgment on pla's technological tying claim at 1:30 6/16/99. See amd sched order 542 (Entered: 05/21/1999)
05/21/1999 Motion hearing re: [481-1] motion to strike Microsoft's partial sum jgm breifs relating to substantive antitrust violations [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for partial summary judgment on pla's predisclosure claim at 2:30 6/29/99. See amd sched order 542 (Entered: 05/21/1999)
05/21/1999545Motion by Microsoft for leave to file overlength rply memo re: Caldera's "predisclosure" claim (Entered: 05/24/1999)
05/21/1999546Motion by Microsoft for leave to file overlength reply memo re: pla's European & Japanese Claims (Entered: 05/24/1999)
05/21/1999547Reply by Microsoft to response to [526-1] amd mot/for partial summary judgment re: pla's predisclosure claim (Entered: 05/24/1999)
05/21/1999548Reply by Microsoft to response to [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims (Entered: 05/24/1999)
05/25/1999554Minute entry: After arguments were heard Crt ruled: Taking [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims taken under advisement, [387-1] motion for partial summary judgment on pla's product disparagement claims taken under advisement ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb) Modified on 06/01/1999 (Entered: 06/01/1999)
05/26/1999550Order granting [545-1] Microsoft's motion for leave to file overlength rply memo re: Caldera's "predisclosure" claim signed by Judge Dee Benson , 5/25/99 cc:atty (Entered: 05/27/1999)
05/26/1999551Order granting [537-1] Microsoft's motion for leave to file overlength reply memo re: Microsoft's mot/part sum jgm on Caldera's claim of perceived incompatibilities signed by Judge Dee Benson , 5/25/99 cc:atty (Entered: 05/27/1999)
05/26/1999552Order granting [539-1] Microsoft's motion for leave to file overlength rply mem re: Microsoft's mot/part sum jgm on pla's alleged intentional incompatibilities Claims & Obj to Suppl Declaration of Lee Hollaar signed by Judge Dee Benson , 5/25/99 cc:atty (Entered: 05/27/1999)
05/26/1999553Order granting [546-1] Microsoft's motion for leave to file overlength reply memo re: pla's European & Japanese Claims signed by Judge Dee Benson , 5/25/99 cc:atty (Entered: 05/27/1999)
05/27/1999555Minute entry: after arguments were heard Crt ruled: Taking [527-1] amended motion amd mot/for partial summary judgment re: Microsoft's licensing practices taken under advisement ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb) (Entered: 06/01/1999)
05/28/1999556Suppl Memorandum by Microsoft in opposition to [541-1] Bristol Tech's hearing requested, [405-1] motion for permissive intervention to modify protective order by Bristol Tech (Entered: 06/01/1999)
06/03/1999557Order granting [543-1] motion for leave to file overlength reply mem re: mot/part sum jgm on pla's state law claim of tortious interference signed by Judge Dee Benson , 6/2/99 cc:atty (Entered: 06/03/1999)
06/03/1999558Motion by Microsoft for leave to file overlength reply memo re: Caldera's Technological Tying Claim (Entered: 06/04/1999)
06/03/1999559Reply by Microsoft to response to [528-1] amd mot/for partial summary judgment on pla's technological tying claim, [380-1] motion for partial summary judgment pla's "technological tying" claim (Entered: 06/04/1999)
06/04/1999 Transcript of Proceedings for date(s) of 5/25/99. Court Reporter: Ed Young re: dft's mot/partial sum jgm hearing on pla's product preannouncement claims & product disparagement claims held before Judge Benson (Entered: 06/07/1999)
06/04/1999 Transcript of Proceedings for date(s) of 5/27/99. Court Reporter: Ed Young re: dft's mot/partial sum jgm on pla's licensing practices claims held before Judge Benson (Entered: 06/07/1999)
06/08/1999561Minute entry: After arguments were heard Crt ruled: Denying [481-1] motion to strike Microsoft's partial sum jgm breifs relating to substantive antitrust violations [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's practices, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for summary judgment on pla's predisclosure claim ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb) (Entered: 06/09/1999)
06/09/1999560Magistrate Notice of Hearing Motion hearing set for 2:00 6/18/99 for [405-1] motion for permissive intervention to modify protective order by Bristol Tech To be held before Judge Boyce cc:atty (Entered: 06/09/1999)
06/09/1999562Motion by Microsoft in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony (Entered: 06/10/1999)
06/09/1999563Memorandum by Microsoft in support of [562-1] motion in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony (Entered: 06/10/1999)
06/10/1999565Order granting [558-1] motion for leave to file overlength reply memo re: Caldera's Technological Tying Claim signed by Judge Dee Benson , 6/9/99. cc:atty (ksp) (Entered: 06/15/1999)
06/14/1999564Minute entry: After arguments were heard Crt Ruled: Taking [529-1] amended motion amd mot/for partial summary judgment re: alleged intentional incompatibilities taken under advisement, [530-1] amended motion amd mot/for partial summary judgment on pla's claim of perceived incompatibilities under advisement ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb) (Entered: 06/14/1999)
06/14/1999566SECOND AMENDED SCHEDULING Order, Motion hearing set for 1:30 5/25/99 for [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, set for 1:30 5/25/99 for [387-1] motion for partial summary judgment on pla's product disparagement claims, set for 1:30 5/27/99 for [527-1] amended motion amd mot/for partial summary judgment re: Microsoft's licensing practices, set for 1:30 6/8/99 for [481-1] motion to strike Microsoft's partial sum jgm breifs relating to substantive antitrust violations [387-1] motion for partial summary judgment on pla's product disparagement claims, [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices, [380-1] motion for partial summary judgment re: pla's "technological tying" claim, [378-1] motion for partial summary judgment re: alleged intentional incompatibilities, [376-1] motion for partial summary judgment re: pla's claim of "perceived incompatibilities", [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims, [355-1] motion for partial summary judgment on pla's predisclosure claim, set for 1:30 6/10/99 for [529-1] amended motion amd mot/for partial summary judgment re: alleged intentional incompatibilities, set for 1:30 6/10/99 for [530-1] amended motion amd mot/for partial summary judgment on pla's claim of perceived incompatibilities, set for 1:30 6/10/99 for [526-1] amended motion amd mot/for partial summary judgment re: pla's predisclosure claim, set for 1:30 6/16/99 for [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims, set for 1:30 6/16/99 for [372-1] motion for partial summary judgment re: pla's state claim of tortious interference, set for 2:30 6/29/99 for [528-1] amended motion amd mot/for partial summary judgment on pla's technological tying claim signed by Judge Dee Benson , 6/10/99 cc:atty (ksp) (Entered: 06/15/1999)
06/18/1999567Surreply Brief by Caldera IN OPPOSITION re: [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims (Entered: 06/21/1999)
06/24/1999568Memorandum by Caldera in opposition to [562-1] motion in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony (Entered: 06/25/1999)
06/24/1999569Declaration of Lawrence C. Locker IN SUPPORT Re: [568-1] opposition memorandum to Microsoft's mot/in limine to exclude pla's new alleged intentional incompatibilities & new expert testimony (Entered: 06/25/1999)
06/28/1999570Memorandum Decision & Order denying [527-1] amd mot/for partial summary judgment re: Microsoft's licensing practices, denying [387-1] motion for partial summary judgment on pla's product disparagement claims, denying [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims signed by Judge Benson, 6/24/99 cc:atty (Entered: 06/29/1999)
06/29/1999571Sur-Reply brief filed by Microsoft in further support of [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims (ce) (Entered: 06/30/1999)
06/29/1999574Minute entry: After arguments were heard Crt took [526-1] amended motion amd mot/for partial summary judgment re: pla's predisclosure claim taken under advisement, [528-1] amended motion amd mot/for partial summary judgment on pla's technological tying claim taken under advisement ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb) (Entered: 07/07/1999)
07/01/1999572Reply by Microsoft to response to [562-1] motion in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony. Doc is oversized and placed in Volume A. Modified on 01/23/2003 (Entered: 07/02/1999)
07/01/1999573Motion and Order signed by Judge Dee Benson , 7/1/99 . Granting motion /PHV for Attorney: Richard L. Klein & Marcia T. Maack on behalf of movant Bloomberg LP (Entered: 07/06/1999)
07/06/1999575Minute entry: After arguments were heard Crt ruled: denying [562-1] motion in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony ; Crt makes findings on the record. Pla's to prepare the order. Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb) (Entered: 07/07/1999)
07/07/1999576Minute entry: After arguments were heard Crt ruled: denying [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims. The made findings on the record. Mr. Hill to prepare the order. On dft's motion for partial summary judgment on pla's state law claim of tortious interference, the Crt requested more briefing from cnsl. The brief's are to be submitted by 8/1/99. Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb) (Entered: 07/09/1999)
07/29/1999577Order denying [562-1] motion in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony signed by Judge Dee Benson , 7/27/99 cc:atty (Entered: 07/30/1999)
07/29/1999578Order denying [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims signed by Judge Dee Benson , 7/27/99 cc:atty (Entered: 07/30/1999)
08/03/1999579Suppl Memorandum by Microsoft in support of [372-1] motion for partial summary judgment re: pla's state claim of tortious interference with advantageous economic relations (addtl briefing ordered by ct at 7/7/99 hrg). Doc is oversized and placed in Volume A. Modified on 01/23/2003 (Entered: 08/04/1999)
08/04/1999580Suppl Memorandum by Caldera in opposition to [372-1] motion for partial summary judgment re: pla's state claim of tortious interference (redacted version) (Entered: 08/05/1999)
08/13/1999581Order granting [464-1] motion to intervene by SL Tribune, granting [459-1] motion to intervene by Bloomberg LP, granting [417-1] motion to intervene by San Jose Mercury News for limited purpose of seeking an order. Reaffirming Order of 2/12/99 signed by Judge Ronald N. Boyce , 8/13/99 cc:atty (Entered: 08/18/1999)
08/16/1999 Transcript of Proceedings for date(s) of 3/23/99. Court Reporter: Dawn E. Brunner-Hahn (ksp) (Entered: 08/17/1999)
08/16/1999 Transcript of Proceedings for date(s) of 4/5/99. Court Reporter: Karen Murakami (ksp) (Entered: 08/17/1999)
08/16/1999 Transcript of Proceedings for date(s) of 3/15/99. Court Reporter: Karen Murakami (ksp) (Entered: 08/17/1999)
08/17/1999582Stipulation by Caldera, Microsoft stip to extend time to 8/31/99 that replies to respective suppl memos re: Caldera's state law claim for tortious interference w/economic relations (Entered: 08/18/1999)
08/19/1999583Order granting [582-1] stip to extend time to 8/31/99 that replies to respective suppl memos re: Caldera's state law claim for tortious interference w/economic relations signed by Judge Dee Benson , 8/18/99 cc:atty (Entered: 08/23/1999)
09/01/1999584Response by Microsoft to Caldera's Suppl Memo re: [372-1] motion for partial summary judgment re: pla's state claim of tortious interference (Entered: 09/02/1999)
09/01/1999585Reply by Caldera to Microsoft's suppl memo re: [372-1] Microsoft's motion for partial summary judgment re: pla's state claim of tortious interference (Entered: 09/02/1999)
09/01/1999586Motion by Caldera for leave to file overlength reply memo to dft's suppl memo re: mot/part sum jgm on tortious interference w/advantageous economic relations (Entered: 09/02/1999)
09/14/1999587Order granting [586-1] Caldera's motion for leave to file overlength reply memo to dft's suppl memo re: mot/part sum jgm on tortious interference w/advantageous economic relations signed by Judge Dee Benson , 9/3/99 cc:atty (Entered: 09/15/1999)
09/23/1999588Notice of Hearing filed : Final Pretrial Conference set for 2:30 12/7/99 To be held before Judge Benson cc:atty ( Ntc generated by: Chambers DB) (Entered: 09/24/1999)
09/27/1999589Order granting in part, denying in part [443-1] Caldera's motion to compel production of improperly withheld docs signed by Judge Ronald N. Boyce , 9/25/99 cc:atty (Entered: 09/28/1999)
10/04/1999590Motion by Caldera for leave to file amended wit list to add Adam Harris and Bill Mickel , and to Take Depositions of Mr. Harris and Mr. Mickel (Entered: 10/05/1999)
10/04/1999591Memorandum by Caldera in support of [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel (Entered: 10/05/1999)
10/04/1999592Declaration of Lynn Kenneth Packer IN SUPPORT Re: [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, [590-2] motion to Take Depositions of Mr. Harris Mr. Mickel (Entered: 10/05/1999)
10/04/1999593Declaration of Ryan E. Tibbitts IN SUPPORT Re: [590-1] motion for leave to file amended wit list to add Adam Harris and Bill [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel (Entered: 10/05/1999)
10/04/1999594Declaration of Lawrence C. Locker IN SUPPORT Re: [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, [590-2] motion to Take Depositions of Mr. Harris Mr. Mickel (Entered: 10/05/1999)
10/08/1999595Magistrate Notice of Hearing Motion hearing set for 2:00 11/8/99 for [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, set for 2:00 11/8/99 for [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel To be held before Judge Boyce cc:atty ( Ntc generated by: Chambers RNB) (Entered: 10/08/1999)
10/20/1999596Memorandum by Microsoft in opposition to [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel (Entered: 10/21/1999)
10/22/1999597AMD Notice of Hearing filed by plaintiff Caldera : Motion hearing reset for 3:30 11/10/99 for [590-1] motion for leave to file amended wit list to add Adam Harris and Bill reset for 3:30 11/10/99 for [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel To be held before Judge RNB cc:atty ( Ntc generated by: cnsl for pla) (Entered: 10/25/1999)
11/03/1999598Memorandum Decision & Order denying Pla's mot/strike Microsoft's partial sum jgm briefs re: substantive antitrust violations and denying dft's [530-1] amd mot/for partial summary judgment on pla's claim of incompatibilities denying [529-1] amd mot/for partial summary judgment re: alleged intentional incompatibilities denying [528-1] amd mot/for partial summary judgment on pla's technological tying claim denying [526-1] amd mot/for partial summary judgment re: pla's predisclosure claim signed by Judge Benson, 11/3/99 cc:atty (Entered: 11/04/1999)
11/04/1999599Reply by Caldera to response to [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel (Entered: 11/04/1999)
11/10/1999600Minute entry:Counsel present. This matter is before the court on Caldera's motion for leave to file amended witness list to include Adam Harris, Bill Mickel and to take their depostions. Doc #590-1, #590-2. Arguments heard. Court GRANTS motions. Mr. Tibbitts to prepare order. Microsoft can, in return, add 3 rebuttal witnesses. All depositions to be limited to 2hrs each side and at the convenience of the parties. granting [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, granting [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel ; Judge: Ronald N.Boyce Court Reporter: Electronic Tape #: 1831 Log #: 1134-1442 Court Deputy: Trisha Little (tl) (Entered: 11/10/1999)
11/15/1999601Renewal of Motion by San Jose Mercury to unseal parts of court file (Entered: 11/16/1999)
11/15/1999602Memorandum by San Jose Mercury in support of [601-1] renewed motion to unseal parts of court file (Entered: 11/16/1999)
11/15/1999603Motion by SL Tribune for Joinder w/San Jose Mercury News RE: [601-1] renewed motion to unseal parts of court file , to unseal parts of court file (Entered: 11/16/1999)
11/16/1999604Motion by Microsoft for leave to file overlength mem/sup re: mot/in lim to exclude expert testimony of Wm Barnett (Entered: 11/17/1999)
11/16/1999605Motion by Microsoft in limine to exclude the expert testimony of William P. Barnett (Entered: 11/17/1999)
11/16/1999606Memorandum by Microsoft in support of [605-1] motion in limine to exclude the expert testimony of William P. Barnett. Doc is oversized and placed in Volume R. Modified on 01/23/2003 (Entered: 11/17/1999)
11/16/1999607Motion by Microsoft in limine to exclude hearsay evid of stmts by orig equip manufacturers (Entered: 11/17/1999)
11/16/1999608Memorandum by Microsoft in support of [607-1] motion in limine to exclude hearsay evid of stmts by orig equip manufacturers. Doc is oversized and placed in Volume S. Modified on 01/23/2003 (Entered: 11/17/1999)
11/17/1999609Motion by Microsoft in limine to exclude reference to gov antitrust actions & settlements (asb) (Entered: 11/18/1999)
11/17/1999610Memorandum by Microsoft in support of [609-1] motion in limine to exclude reference to gov antitrust actions & settlements (asb) (Entered: 11/18/1999)
11/19/1999611Order granting [604-1] motion for leave to file overlength mem/sup re: mot/in lim to exclude expert testimony of Wm Barnett signed by Chief Judge Dee Benson , 11/19/99 cc:atty (asb) (Entered: 11/22/1999)
12/02/1999612Order granting [590-1] motion for leave to file amended wit list to add Adam Harris and Bill Mickel, granting [590-2] motion to Take Depositions of Mr. Harris and Mr. Mickel signed by Judge Ronald N. Boyce , 12/2/99 cc:atty (Entered: 12/03/1999)
12/03/1999613Motion by Microsoft in limine to exclude reference to the findings of fact entered in US v. Microsoft (Entered: 12/06/1999)
12/03/1999614Memorandum by Microsoft in support of [613-1] motion in limine to exclude reference to the findings of fact entered in US v. Microsoft (Entered: 12/06/1999)
12/03/1999615Motion by Microsoft to stay briefing , and for Hearing of renewed motion to unseal parts of court file (Entered: 12/06/1999)
12/03/1999616Memorandum by Microsoft in support of [615-1] motion to stay briefing, [615-2] motion for Hearing of renewed motion to unseal parts of court file (Entered: 12/06/1999)
12/07/1999617Minute Entry: Cnsl present and discussion held on pretrial matters. Parties will submit to the Court a stipulated pretrial order, along with a scheduling order. Jury Trial to begin 2/1/00 at 8:30 a.m. (rb) (Entered: 12/07/1999)
12/07/1999618Motion by Microsoft in limine to preclude inadmissible testimony of Phil Barrett (Entered: 12/08/1999)
12/07/1999619Memorandum by Microsoft in support of [618-1] motion in limine to preclude inadmissible testimony of Phil Barrett (Entered: 12/08/1999)
12/07/1999620Motion by Microsoft in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger (Entered: 12/08/1999)
12/07/1999621Motion by Microsoft for leave to file oversize mem/sup re: dft's mot/in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger (Entered: 12/08/1999)
12/07/1999622Memorandum by Microsoft in support of [620-1] motion in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger (Entered: 12/08/1999)
12/07/1999623Trial Exhibit list, attachment 2 to the Pretrial Order by Microsoft (Entered: 12/08/1999)
12/09/1999624Order granting [621-1] motion for leave to file oversize mem/sup re: dft's mot/in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger. Limitation not to exceed 15 pages signed by Chief Judge Dee Benson , 12/8/99 cc:atty (Entered: 12/10/1999)
12/13/1999625Magistrate Notice of Hearing Motion hearing set for 2:00 1/6/00 for [615-1] Microsoft's motion to stay briefing, set for 2:00 1/6/00 for [603-2] SL Tribune's renewed motion to unseal parts of court file, set for 2:00 1/6/00 for [601-1] San Jose's renewed motion to unseal parts of court file To be held before Judge Boyce cc:atty ( Ntc generated by: Chambers RNB) (Entered: 12/13/1999)
12/13/1999626Memorandum by San Jose Mercury in opposition to [615-1] motion to stay briefing related to renewal of motion to unseal parts of court file and [615-2] motion for Hearing of renewed motion to unseal parts of court file (ce) (Entered: 12/13/1999)
12/14/1999627Motion by Microsoft in limine to exclude newly disclosed testimony of Dr. Jeffrey J. Leitzinger and Dr. William E. Wecker (Entered: 12/14/1999)
12/14/1999628Memorandum by Microsoft in support of [627-1] motion in limine to exclude newly disclosed testimony of Dr. Jeffrey J. Leitzinger and Dr. William E. Wecker (Entered: 12/14/1999)
12/14/1999629Motion by Microsoft to expedite/shorten briefing period and for an expedited hearing on dft's motion in limine doc #627 (Entered: 12/14/1999)
12/14/1999630Memorandum by Microsoft in support of [629-1] motion to expedite/shorten briefing period and for an expedited hearing on dft's motion in limine doc #627 (Entered: 12/14/1999)
12/14/1999631Motion by Microsoft to strike Messrs. Kim, Herrick & Yarro (3 witnesses) from Caldera's trial witness list (Entered: 12/15/1999)
12/14/1999632Memorandum by Microsoft in support of [631-1] motion to strike Messrs. Kim, Herrick & Yarro (3 witnesses) from Caldera's trial witness list (Entered: 12/15/1999)
12/16/1999633Memorandum by Caldera in opposition to [605-1] motion in limine to exclude the expert testimony of William P. Barnett Modified on 12/17/1999 (Entered: 12/17/1999)
12/16/1999634Order Motion hearing set for 9:30 12/22/99 for [627-1] motion in limine to exclude newly disclosed testimony of Jeffrey J. Leitzinger and Dr. William E. Wecker , pla to file/serve by hand-delivery any oppo to Microsoft's mot/in limine to exclude newly disclosed testimony of Dr. Jeffrey J. Leitzinger and Dr. William E. Wecker no later than 9:00 a.m. on 12/20/99; Microsoft to file & serve by hand-delivery any reply memo on the motion no later than 4:30 p.m. on 12/21/99. The hearing on the mot/in limine to exclude reference to gov antitrust action & stlmt signed by Judge Ronald N. Boyce, 12/15/99. cc:atty (ce) (Entered: 12/21/1999)
12/20/1999635Memorandum by Caldera in opposition to [627-1] motion in limine to exclude newly disclosed testimony of Dr. Jeffrey J. Leitzinger and Dr. William E. Wecker (ce) (Entered: 12/21/1999)
12/20/1999636Motion by Caldera for leave to file overlength mem/opp re: dft's mot/in lime to exclude expert testimony of Wm. Barnett (Entered: 12/21/1999)
12/20/1999637Order granting [636-1] motion for leave to file overlength mem/opp re: dft's mot/in lime to exclude expert testimony Wm. Barnett signed by Chief Judge Dee Benson , 12/17/99 cc:atty (Entered: 12/21/1999)
12/20/1999638Response by Caldera in opposition to [607-1] motion in limine to exclude hearsay evid of stmts by orig equip manufacturers (Entered: 12/21/1999)
12/21/1999639Reply by Microsoft to response to [627-1] motion in limine to exclude newly disclosed testimony of Dr. Jeffrey J. Leitzinger and Dr. William E. Wecker (Entered: 12/21/1999)
12/21/1999640Reply by Microsoft to response to [607-1] motion in limine to exclude hearsay evid of stmts by orig equip manufacturers (Entered: 12/21/1999)
12/21/1999641Reply by Microsoft to response to [605-1] motion in limine to exclude the expert testimony of William P. Barnett (Entered: 12/21/1999)
12/30/1999642Reply by Microsoft to response to [615-1] motion to stay briefing, [615-2] motion for Hearing of renewed motion to unseal parts of court file (Entered: 01/03/2000)
12/30/1999643Motion by Microsoft in limine to exclude newspaper & magazine articles (Entered: 01/03/2000)
12/30/1999644Memorandum by Microsoft in support of [643-1] motion in limine to exclude newspaper & magazine articles (Entered: 01/03/2000)
12/30/1999645Motion by Microsoft in limine to strike portions of the expert rpt & 3d rpt of Dr. William E. Wecker & to preclude testimony concerning the calculation of pre-jgm interest (Entered: 01/03/2000)
12/30/1999646Memorandum by Microsoft in support of [645-1] motion in limine to strike portions of the expert rpt & 3d rpt of Dr. William E. Wecker & to preclude testimony concerning the calculation of pre-jgm interest (Entered: 01/03/2000)
12/30/1999647Motion by Microsoft in limine to exclude evid of or reference to any review or obj made by the Korean Fair Trade Commission to a Microsoft License Agreement (Entered: 01/03/2000)
12/30/1999648Memorandum by Microsoft in support of [647-1] motion in limine to exclude evid of or reference to any review or obj made by the Korean Fair Trade Commission to a Microsoft License Agreement (Entered: 01/03/2000)
01/03/2000649Memorandum by Caldera in opposition to [618-1] motion in limine to preclude inadmissible testimony of Phil Barrett (Entered: 01/04/2000)
01/03/2000650Memorandum by Caldera in opposition to [620-1] motion in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger (Entered: 01/04/2000)
01/03/2000651Memorandum by Caldera in opposition to [609-1] motion in limine to exclude reference to gov antitrust actions & settlements (Entered: 01/04/2000)
01/03/2000652Declaration of Stephen J. Hill IN SUPPORT Re: [651-1] Caldera's opposition memorandum to Microsoft's mot/in limine to exclude reference to gov antitrust actions & settlements (Entered: 01/04/2000)
01/06/2000661Minute entry: Counsel present. Arguments heard on various motions. Court rules: GRANTING motions by San Jose Mercury and SL Tribune to unseal parts of court file, docs #601-1, #603-2 and DENYING motion by Microsoft to stay briefing, #615-1. All matters currently under seal will be reviewed by Microsoft and unsealed by the Clerk of the Court, unless Microsoft submits to the court, for review, by 1/21/00 any basis not to unseal specific matters. Summary judgment pleadings were divided into two categories. Those filed before the courts current order of 2/12/99 and those filed after. Those filed before courts order will either be disclosed or Microsoft will need to justify to the court why they shouldn't. Everything will be disclosed in those documents filed after courts order. As to the exhibits attached to the summary judgement motions, Microsoft will provide excerpts that are pertinent with headings and page numbers. All expert reports, 26(a)(2), will be disclosed if the experts will be testifying at trial. Counsel will prepare a joint order. denying [615-1] motion to stay briefing, granting [603-2] motion to unseal parts of court file, granting [601-1] motion to unseal parts of court file ; Judge: Ronald N. Boyce Court Reporter: Electroic Tape #: 1856/1857 Log #: 1307-end and 0 -205 Court Deputy: Trisha Little (tl) (Entered: 01/10/2000)
01/07/2000653Motion by Microsoft in limine to exclude pla's proposed trial exh 939 (Entered: 01/10/2000)
01/07/2000654Memorandum by Microsoft in support of [653-1] motion in limine to exclude pla's proposed trial exh 939 (Entered: 01/10/2000)
01/07/2000655Motion by Microsoft in limine to exclude pla's trial exhibit 510 (Entered: 01/10/2000)
01/07/2000656Memorandum by Microsoft in support of [655-1] motion in limine to exclude pla's trial exhibit 510 (Entered: 01/10/2000)
01/07/2000657Motion by Microsoft in limine to exclude evidence of alleged misconduct by Microsoft directed against companies other than Caldera or its predecessors (Entered: 01/10/2000)
01/07/2000658Memorandum by Microsoft in support of [657-1] motion in limine to exclude evidence of alleged misconduct by Microsoft directed against companies other than Caldera or its predecessors (Entered: 01/10/2000)
01/07/2000659Motion by Microsoft in limine to preclude references to Microsoft's alleged "monopoly" (Entered: 01/10/2000)
01/07/2000660Memorandum by Microsoft in support of [659-1] motion in limine to preclude references to Microsoft's alleged "monopoly" (Entered: 01/10/2000)
01/10/2000 Transcript of Proceedings for date(s) of 2/18/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) (Entered: 01/10/2000)
01/10/2000 Transcript of Proceedings for date(s) of 5/25/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) (Entered: 01/10/2000)
01/10/2000 Transcript of Proceedings for date(s) of 5/27/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) (Entered: 01/10/2000)
01/10/2000 Transcript of Proceedings for date(s) of 6/8/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) (Entered: 01/10/2000)
01/10/2000 Transcript of Proceedings for date(s) of 6/10/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) (Entered: 01/10/2000)
01/10/2000 Transcript of Proceedings for date(s) of 6/29/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) (Entered: 01/10/2000)
01/10/2000 Transcript of Proceedings for date(s) of 7/6/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) (Entered: 01/10/2000)
01/10/2000 Transcript of Proceedings for date(s) of 7/7/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) (Entered: 01/10/2000)
01/10/2000 Transcript of Proceedings for date(s) of 12/7/99 Final Pretrial Conference. Court Reporter: Ed Young, 328-3202 (asb) (Entered: 01/10/2000)
01/10/2000 Transcript of Proceedings for date(s) of 12/22/99 Motions in Limine. Court Reporter: Ed Young, 328-3202 (asb) (Entered: 01/10/2000)
01/10/2000662Stipulation by Caldera, Microsoft to dismiss first amd cmp with prejudice, each pty to bear own costs. Ct shall retain juris over this matter with respect to the continuing enforcement of the proto in this case entered on 4/1/97 with respect to settlement agreement (Entered: 01/11/2000)
01/10/2000663Order granting [662-1] stipulation motion to dismiss first amd cmp with prejudice, each pty to bear own costs. Ct retain juris over this matter with respect to the continuing enforcement of the proto in this case entered on 4/1/97 with respect to settlement agreement signed by Chief Judge Dee Benson , 1/10/00 cc:atty (Entered: 01/11/2000)
01/11/2000 CASE NO LONGER REFERRED TO Judge Ronald N. Boyce (Entered: 01/11/2000)
01/11/2000 Case closed per Order #663 (Entered: 01/11/2000)
01/13/2000 Transcript of Proceedings for date(s) of 1/6/00 re: Motion to Unseal Parts of Court file held before RNB. Court Reporter: Karen Murakami (Entered: 01/14/2000)
01/18/2000664Order, That Novell's cnsl, John P. Mullen, be allowed to review all pleadings filed by Novell, even those filed under seal and all attachements to all pleadings filed by Novell and those filed under seal signed by Judge Ronald N. Boyce , 1/18/00 cc:atty (Entered: 01/19/2000)
01/25/2000665Order denying [615-1] Microsoft's motion to stay briefing granting [603-2] SL Trib's motion to unseal parts of court file granting [601-1] San Jose Mercury's motion to unseal parts of court file. Sealed cos in the court file are hereby unsealed by the Clerk of Ct: docs 45, 46, 48, 255, 515. Clerk to make copy (but not unseal) doc #130, decl of Charles Eskridge, and deliver to Microsoft's cnsl for redaction. Doc #263 filed by Novell, news media is directed to contact Novell; Microsoft will provide redacted versions of following docs #34, 41, 44, 96, 256, 267, 323; Microsoft will produce redacted version of docs 356, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 384, 385, 386, 387, 388; docs 264, 265, 266, 267, 304, 305 & 306 requested by News media, Microsoft will explain in a log why these docs shall remain sealed. News media may seek in camera review of this position w/in 30 days signed by Judge Ronald N. Boyce, 1/25/00. cc:atty. See Order in file for specifics (Entered: 01/26/2000)
02/02/2000666Stipulation by Novell Inc, San Jose Mercury, SL Tribune that privileged docs filed by Novell, designated as filing doc #268 & constituting docs filed under seal by Novell for in-camera inspection by the Ct may be released by Clerk of Ct to Novell's attys (Entered: 02/03/2000)
02/02/2000667Order granting [666-1] stipulation motion that privileged docs filed by Novell, designated as filing doc #268 & constituting docs filed under seal by Novell for in-camera inspection by the Ct may be released by Clerk of Ct to Novell's attys signed by Judge Ronald N. Boyce , 1/31/00 cc:atty (Entered: 02/03/2000)
02/03/2000668Receipt by movant Novell Inc re: sealed Doc #268 picked up by John P. Mullen, cnsl for Novell, purs to Order #667 (Entered: 02/04/2000)
02/07/2000669AMENDED Order denying [615-1] motion to stay briefing, granting [603-2] SL Tribune's renewed motion to unseal parts of court file, granting [601-1] San Jose's renewed motion to unseal parts of court file. Amends Prev Order #665 that the following sealed doc #255(B) Sealed Memo by Caldera in Support of motion #225(A) to declare portions of Stefanie Reichel's dep to remain sealed. Microsoft to deliver redacted versions to New Media. Signed by Chief Judge Dee Benson , 2/4/00 cc:atty (Entered: 02/07/2000)
02/09/2000670Ntc is hereby given that purs to Order #667, signed by M Judge RNB, directing the return of doc #268 to Mr. John P Mullen, cnsl for Novell, was returned to cnsl on 2/2/00. (Entered: 02/09/2000)
03/15/2000 Transcript of Proceedings for date(s) of 11/10/99 re: Motion Hearing held before RNB. Court Reporter: Karen Murakami (Entered: 03/16/2000)
05/30/2000671Stipulation by Microsoft, Caldera for preservation of docs under the protective order (Entered: 05/31/2000)
05/30/2000671Order granting [671-1] stipulation motion for preservation of docs under the protective order signed by Chief Judge Dee Benson , 5/30/00 cc:atty (Entered: 05/31/2000)
10/18/2002672Motion by Caldera to amend/modify [671-1] stipulated motion for preservation of docs under the protective order (ce) Modified on 10/25/2002 (Entered: 10/21/2002)
10/18/2002673Memorandum by Caldera in support of [672-1] motion to amend/modify [671-1] stipulated motion for preservation of docs under the protective order (ce) (Entered: 10/21/2002)
10/24/2002674Order granting [672-1] motion to amend/modify [671-1] stipulated motion for preservation of docs under the protective order to permit Canopy, the successor-in-interest to Caldera to destroy the docs being preserved in accordance with the stip, signed by Chief Judge Dee Benson , 10/24/02. cc:atty (ce) (Entered: 10/25/2002)
11/13/2002675Notice of attorney appearance for Sun Microsystems by John P. Mullen (asp) (Entered: 11/14/2002)
11/13/2002676Motion by Sun Microsystems to intervene by Sun Microsystems , to amend [671-1] order (asp) (Entered: 11/14/2002)
11/13/2002677Memorandum by Sun Microsystems in support of [676-1] motion to intervene by Sun Microsystems, [676-2] motion to amend [671-1] order (asp) (Entered: 11/14/2002)
11/13/2002678Declaration of Paul S. Grewall Re: [676-1] motion to intervene by Sun Microsystems, [676-2] motion to amend [671-1] order. Doc is oversized and placed in Volume W. (asp) Modified on 01/23/2003 (Entered: 11/14/2002)
11/14/2002679Motion and Order signed by Chief Judge Dee Benson , 11/14/02 Granting motion/PHV for Attorney Paul S. Grewal on behalf of movant Sun Microsystems cc:attys (asp) (Entered: 11/15/2002)
11/14/2002680Certificate of service [675-1] appear/appearance notice, [676-2] motion to amend [671-1] order, [676-1] motion to intervene by Sun Microsystems, [677-1] support memorandum, [678-1] declaration, [679-1] order by Sun Microsystems (asp) (Entered: 11/15/2002)
12/02/2002681Response by Caldera to [676-1] motion to intervene by Sun Microsystems, [676-2] motion to amend [671-1] order (asp) (Entered: 12/03/2002)
12/03/2002682Response by Microsoft to [676-1] motion to intervene by Sun Microsystems, [676-2] motion to amend [671-1] order (asp) (Entered: 12/03/2002)
12/16/2002683Motion by Sun Microsystems to extend time until 1/6/03 to file a reply in supp of its motion to intervene (asp) (Entered: 12/17/2002)
12/16/2002684Memorandum by Sun Microsystems in support of [683-1] motion to extend time until 1/6/03 to file a reply in supp of its motion to intervene (asp) (Entered: 12/17/2002)
12/16/2002685Declaration of Paul S. Grewal Re: [683-1] motion to extend time until 1/6/03 to file a reply in supp of its motion to intervene (asp) (Entered: 12/17/2002)
01/10/2003686Stipulation by Microsoft, Caldera, Sun Microsystems stip to amend [674-1] order permitting destruction of docs by Canopy Grp (alt) (Entered: 01/10/2003)
01/10/2003686Order granting [686-1] stipulated motion to amend [674-1] order permitting destruction of docs by Canopy Grp (see order for details) signed by Chief Judge Dee Benson, 1/9/03 cc:atty (alt) (Entered: 01/10/2003)
01/22/2003 10 Transcripts of proceedings placed in expandable folders for the following dates - Volume T: 2/18/99, 5/25/99, 5/27/99, 6/8/99, 6/10/99. Volume U: 6/29/99, 7/6/99, 7/7/99, 12/7/99, 12/22/99 (admin) Modified on 01/22/2003 (Entered: 01/22/2003)