U.S. District Court District of Utah (Central) CIVIL DOCKET FOR CASE #: 96-CV-645 Caldera v. Microsoft Filed: 07/23/96 Assigned to: Chief Judge Dee Benson Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 410 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 28:1337 Sherman-Clayton Act CALDERA Max D Wheeler, Mr. plaintiff JFAX 9,3630400 [COR LD NTC] SNOW CHRISTENSEN & MARTINEAU 10 EXCHANGE PLACE PO BOX 45000 SALT LAKE CITY, UT 84145-5000 (801)521-9000 M. Laurence Popofsky [term 06/02/97] [COR NTC] Robert D. Fram [term 06/02/97] EMAIL [COR] HELLER EHRMAN WHITE & MCAULIFFE 333 BUSH ST STE 3100 SAN FRANCISCO, CA 94104 (415)772-6000 Stephen D. Susman EMAIL [COR LD NTC] Charles R. Eskridge, III JFAX 8,713,6543357 [COR] James T. Southwick [COR] SUSMAN GODFREY LLP 1000 LOUISIANA STE 5100 HOUSTON, TX 77002-5096 (713)651-9366 Parker C. Folse, III [COR NTC] SUSMAN GODFREY LLP 1201 THIRD AVE STE 3090 SEATTLE, WA 98101 (206)516-3880 Ralph H. Palumbo [COR NTC] Lynn M. Engel [COR] Philip S. McCune [COR] Lawrence C. Locker [COR] SUMMIT LAW GROUP 1505 WESTLAKE AVE N STE 300 SEATTLE, WA 98109 (206)281-9881 Stephen J. Hill JFAX 9,3224139 [COR] 185 S ST ST STE 1300 SALT LAKE CITY, UT 84111 (801)328-1308 J. Harrison Colter [COR LD NTC] 333 S 520 W LINDON, UT 84042 (801)932-6162 Ryan E. Tibbitts, Mr. JFAX 8,801,8053030 [COR] CENTER 7 INC 333 S 520 W LINDON, UT 84042 (801)805-3063 NOVELL, INC. Thomas R Karrenberg, Mr. movant [term 03/18/99] [term 03/18/99] EMAIL [COR NTC] John P. Mullen, Mr. [term 03/18/99] EMAIL [COR] ANDERSON & KARRENBERG 50 W BROADWAY STE 700 SALT LAKE CITY, UT 84101 (801)534-1700 Jim F Lundberg [term 03/18/99] EMAIL [COR LD NTC] LAW OFFICE OF JIM F LUNDBERG 1524 E EAGLE DR MAPELTON, UT 84664 (801)376-6141 IBM movant [term 03/18/99] SALT LAKE TRIBUNE, THE Michael P O'Brien, Mr. movant [COR LD NTC] JONES WALDO HOLBROOK & MCDONOUGH 170 S MAIN ST STE 1500 PO BOX 45444 SALT LAKE CITY, UT 84145-0444 (801)521-3200 SUN MICROSYSTEMS John P. Mullen, Mr. movant (See above) [COR LD NTC] Paul S. Grewal [COR LD NTC] 20300 STEVENS CREEK BLVD STE 400 CUPERTINO, CA 95015 (408)873-0110 v. MICROSOFT James S. Jardine defendant EMAIL [COR LD NTC] Steven J. Aeschbacher, Mr. [COR] Mark M Bettilyon, Mr. EMAIL [COR] John W. Mackay EMAIL [COR] Valerie A. Longmire JFAX 9,5327543 [COR] Mark W. Pugsley EMAIL [COR] RAY QUINNEY & NEBEKER 36 S STATE ST STE 1400 PO BOX 45385 SALT LAKE CITY, UT 84145-0385 (801)532-1500 Richard J. Urowsky [COR LD NTC] Steven L. Holley [COR] Richard C. Pepperman, II [COR] Jay Holtmeier [COR] Richard H. Klapper [COR] SULLIVAN & CROMWELL 125 BROAD ST NEW YORK, NY 10004 (212)558-4000 William H. Neukom BLDG 8S/2078 [COR LD NTC] Thomas W. Burt Bldg 8S/2077 [COR] David A. Heiner BLDG 8S/2076 [COR] MICROSOFT CORPORATION ONE MICROSOFT WAY REDMOND, WA 98052 (206)703-6323 James R. Weiss [COR LD NTC] PRESTON GATES ELLIS & ROUVELAS MEEDS 1735 NEW YORK AVE NW WASHINGTON, DC 20006 (202)628-1700 Michael H. Steinberg [COR LD NTC] Michael Tenenbaum [COR] Brendan P. Cullen EMAIL [COR] SULLIVAN & CROMWELL 1888 CENTURY PARK EAST STE 2100 LOS ANGELES, CA 90067 (310)712-6600 ======================== BRISTOL TECHNOLOGY Clark Waddoups, Mr. movant EMAIL [COR LD NTC] PARR WADDOUPS BROWN GEE & LOVELESS 185 S STATE ST STE 1300 PO BOX 11019 SALT LAKE CITY, UT 84147 (801)532-7840 Robert G. Loewy [COR NTC] OMELVENY & MYERS 610 NEWPORT CENTER DR STE 1700 NEWPORT BEACH, CA 92660-6429 (949)760-9600 ======================== SAN JOSE MERCURY NEWS Michael P O'Brien, Mr. movant [COR LD NTC] JONES WALDO HOLBROOK & MCDONOUGH 170 S MAIN ST STE 1500 PO BOX 45444 SALT LAKE CITY, UT 84145-0444 (801)521-3200 James Chadwick JFAX 8,650,3273699 [COR LD NTC] Edward P. Davis, Jr. [COR] GRAY CARY WARE & FRIDENRICH 400 HAMILTON AVE PALO ALTO, CA 94301-1825 (650)328-6561 ======================== BLOOMBERG L.P. Gary F. Bendinger, Mr. movant EMAIL [COR LD NTC] Joy E. Onton [COR] BENDINGER CROCKETT PETERSON & CASEY 170 S MAIN STE 400 SALT LAKE CITY, UT 84101-1664 (801)533-8383 Richard L. Klein JFAX 8,212,7288111 [COR LD NTC] Marcia T. Maack [COR] WILLKIE FARR & GALLAGHER 787 SEVENTH AVE NEW YORK, NY 10019 (212)728-8000 DATE # DOCKET ENTRY 7/23/96 1 Complaint filed, assigned to Judge Dee Benson Receipt #: 75134 (dd) [Entry date 07/25/96] 7/23/96 -- Jury Flag set (dd) [Entry date 07/25/96] 8/1/96 -- Motion by Caldera for Parker C. Folse, III to appear pro hac vice on behalf of pla (ce) [Entry date 08/02/96] 8/7/96 -- Motion by Caldera for Stephen D. Susman to appear pro hac vice on behalf of pla (ce) [Entry date 08/08/96] 8/8/96 -- Motion by Caldera for Ralph H. Palumbo (lead), Lynn M. Engel, Robert D. Fram to appear pro hac vice on behalf of pla (ce) [Entry date 08/09/96] 8/8/96 2 Certificate of service of [1-1] complaint & summons by Caldera (ce) [Entry date 08/09/96] 8/15/96 3 Order 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 (sh) [Entry date 08/15/96] 8/15/96 4 Order 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 (sh) [Entry date 08/15/96] 8/15/96 5 Answer to Complaint by Microsoft (sh) [Entry date 08/16/96] 8/21/96 -- Motion by Caldera for Charles R. Eskridge III to appear pro hac vice on behalf of pla (ce) [Entry date 08/21/96] 8/26/96 -- Motion by Caldera for M. Laurence Popofsky to appear pro hac vice on behalf of pla (ce) [Entry date 08/27/96] 9/3/96 6 Order 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) [Entry date 09/03/96] 9/3/96 -- 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) [Entry date 09/04/96] 9/10/96 7 Order 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) [Entry date 09/10/96] 9/10/96 8 Order 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) [Entry date 09/10/96] 9/16/96 -- Motion by Microsoft for Thomas W. Burt, William H. Neukom, David A. Heiner to appear pro hac vice (sh) [Entry date 09/16/96] 9/18/96 9 Order 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) [Entry date 09/18/96] 9/18/96 -- Motion by Microsoft for James R. Weiss to appear pro hac vice on behalf of dft (ce) [Entry date 09/19/96] 9/30/96 10 Order 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) [Entry date 09/30/96] 10/29/96 11 Order of Reference signed by DB, 10/24/96, 636(b)(1)(A). Mag to hear/determine all nondispositive pretrial matters. cc: atty (ce) [Entry date 10/29/96] 10/31/96 12 Case referred to Judge Ronald N. Boyce. Cnsl notified (ce) [Entry date 11/01/96] 11/6/96 13 Magistrate Notice of Hearing Initial Pretrial Conference set for 11:00 2/20/97 To be held before Judge Boyce. cc: atty (ce) [Entry date 11/06/96] 12/16/96 -- Case referred to magistrate under 28:636(b)(1)(A). (sh) [Entry date 12/16/96] 12/18/96 14 Order 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) [Entry date 12/19/96] 1/7/97 15 Stipulation 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) [Entry date 01/08/97] 1/13/97 16 Order 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) [Entry date 01/13/97] 1/15/97 17 Motion by Microsoft for protective order (sh) [Entry date 01/16/97] 1/15/97 18 Memorandum by Microsoft in support of [17-1] motion for protective order (sh) [Entry date 01/16/97] 1/15/97 19 Declaration of Steven L. Holley (sh) [Entry date 01/16/97] 1/15/97 20 Memorandum of Microsoft Corp. requesting adoption of its proposed discovery plan (sh) [Entry date 01/16/97] 1/15/97 21 Memorandum RE: discovery issues filed by Caldera (ce) [Entry date 01/16/97] 1/24/97 22 Reply Memorandum of Caldera re: discovery issues filed pursuant to [16-1] order requesting a reply memo be filed by 1/24/97 (ce) [Entry date 01/27/97] 1/24/97 23 Reply 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) [Entry date 01/27/97] 1/24/97 23 Reply by Microsoft to response to [17-1] motion for protective order (ce) [Entry date 01/27/97] 1/30/97 24 Minute 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) [Entry date 02/05/97] 2/10/97 -- Transcript of Proceedings of Status and Scheduling cnf for dates of 1/30/97 (tl) [Entry date 02/10/97] 2/24/97 25 Order 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) [Entry date 02/24/97] 2/26/97 26 Certificate of service by Microsoft re first set interrog (ce) [Entry date 02/27/97] 4/1/97 27 Protective Order granting [17-1] motion for protective order re prod of confidential material signed by DB, 3/27/97. cc: atty (ce) [Entry date 04/01/97] 4/15/97 28 Notice of filing by Caldera - notice of change of address & firm affiliation of cnsl Ralph H. Palumbo, Lynn M. Engel (ce) [Entry date 04/15/97] 4/25/97 29 Certificate of service by Caldera re ans to dfts first set interrog (ce) [Entry date 04/25/97] 4/28/97 30 Certificate of service by Microsoft re: dft's resp to the 17 purported "subjects of disc" set forth in pla's purposed disc plan (klh) [Entry date 04/28/97] 5/2/97 -- Motion by Microsoft for Michael H. Steinberg to appear pro hac vice on behalf of dft (ce) [Entry date 05/02/97] 5/15/97 31 Motion by Caldera for M. Laurence Popofsky & Robert D. Fram to withdraw as attorney, attys for pla (klh) [Entry date 05/15/97] 5/16/97 32 Certificate of service by Microsoft re notices of depo of Novell, Incl and Caldera, Inc. (ce) [Entry date 05/16/97] 5/19/97 -- Motion by Microsoft for Michael H. Steinberg to appear pro hac vice, atty for dft (klh) [Entry date 05/19/97] 5/19/97 33 Order 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. (ksj) [Entry date 05/21/97] 5/28/97 34 SEALED First Status Report filed by Caldera (ce) [Entry date 05/28/97] 5/29/97 35 Status Report and proposed plan for the second phase of discovery filed by Microsoft (ce) [Entry date 05/29/97] 5/29/97 36 Motion by Microsoft to strike [34-1] sealed status report (ce) [Entry date 05/30/97] 5/29/97 37 Memorandum by Microsoft in support of [36-1] motion to strike [34-1] sealed status report (ce) [Entry date 05/30/97] 6/2/97 38 Order 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. (klh) [Entry date 06/03/97] [Edit date 06/03/97] 6/13/97 39 Certificate 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) [Entry date 06/16/97] 6/16/97 40 Motion by Microsoft for leave to file overlength memo in oppo to pla's req/modify the protective order (ce) [Entry date 06/17/97] 6/16/97 41 SEALED 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) [Entry date 06/17/97] 6/23/97 42 Order 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 (klh) [Entry date 06/24/97] 6/30/97 43 Certificate of service by Microsoft re: dft's 1st req for prod of docs (klh) [Entry date 06/30/97] 7/1/97 44 SEALED Reply by Caldera to response to pla's req/modify the protective order (note: pla's req/modify proto not yet filed w/Crt) (klh) [Entry date 07/02/97] 7/3/97 45 UNSEALED Motion by Caldera for leave to file overlength rply memo re: Modification of Status Rpt Motion unsealed per Order #665 (klh) [Entry date 07/07/97] [Edit date 01/27/00] 7/7/97 46 UNSEALED 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 (klh) [Entry date 07/07/97] [Edit date 01/27/00] 7/9/97 47 Motion by Microsoft to file sur-reply memo in opp to Caldera's req to mod protective order (klh) [Entry date 07/10/97] 7/9/97 48 UNSEALED 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 (klh) [Entry date 07/10/97] [Edit date 01/27/00] 7/18/97 49 Second 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 ) (klh) [Entry date 07/21/97] 7/28/97 50 Certificate of service by Caldera re: resp to Microsoft's 1st req for prod of docs (klh) [Entry date 07/29/97] 7/31/97 51 Motion by Microsoft for leave to file overlength memo in supp of mot to transf venue to W dist of WA (klh) [Entry date 08/01/97] 8/1/97 52 SEALED Motion by Microsoft to change/transfer venue to W Dist of WA (klh) [Entry date 08/04/97] 8/1/97 53 SEALED Exhibits filed by defendant Microsoft RE: [52-1] motion to change/transfer venue to W Dist of WA (klh) [Entry date 08/04/97] 8/1/97 54 SEALED Memorandum by Microsoft in support of [52-1] motion to change/transfer venue to W Dist of WA (klh) [Entry date 08/04/97] 8/4/97 55 Order 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 (klh) [Entry date 08/04/97] 8/11/97 56 Notice of filing by Caldera re: chg of address for Parkcer C. Folse, III and Susman Godfrey, LLP, cnsl for pla (klh) [Entry date 08/12/97] 8/20/97 57 Certificate of service by Microsoft re: 2nd set of interrogs to pla (klh) [Entry date 08/20/97] 8/27/97 58 Motion by Microsoft for protective order (klh) [Entry date 08/28/97] 8/27/97 59 Memorandum by Microsoft in support of [58-1] motion for protective order (klh) [Entry date 08/28/97] 9/3/97 60 Motion by Caldera for leave to file overlength memo in opp to mot/transf venue (klh) [Entry date 09/04/97] 9/3/97 61 SEALED Memorandum by Caldera in opposition to [52-1] motion to change/transfer venue to W Dist of WA (klh) [Entry date 09/04/97] 9/8/97 62 Order 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 (klh) [Entry date 09/08/97] 9/12/97 63 SEALED Reply by Microsoft to response to [52-1] motion to change/transfer venue to W Dist of WA (klh) [Entry date 09/12/97] 9/15/97 64 Memorandum by Caldera in opposition to [58-1] motion for protective order (klh) [Entry date 09/16/97] 9/15/97 65 Certificate of service by Caldera re: pla's obj to dft's 2nd set of interrogs (klh) [Entry date 09/16/97] 9/16/97 66 Objections by Novell Inc re: subp from dft Microsoft served on 7/11/97 (klh) [Entry date 09/17/97] 9/18/97 67 Ntc of Withdrawal of [58-1] dft's motion for protective order (klh) [Entry date 09/19/97] 9/26/97 68 Magistrate 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 (klh) [Entry date 09/29/97] 9/30/97 69 Return 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. (klh) [Entry date 10/01/97] 10/1/97 70 Motion by Caldera for leave to file 1st amd cmp (klh) [Entry date 10/02/97] 10/1/97 71 Memorandum by Caldera in support of [70-1] motion for leave to file 1st amd cmp. Doc is oversized placed in Volume A. (klh) [Entry date 10/02/97] [Edit date 01/23/03] 10/6/97 72 AMENDED 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. (klh) [Entry date 10/07/97] [Edit date 01/23/03] 10/14/97 73 Return of service executed re: subp issued to Zenith Electronics Corp, c/o Richard Vitkus, 10/1/97 (klh) [Entry date 10/14/97] 10/14/97 74 Motion by Caldera for leave to file overlength memo in support re: mot/compel (klh) [Entry date 10/14/97] 10/14/97 76 Memorandum by Caldera in support of [75-1] motion to compel prod of docs (klh) [Entry date 10/15/97] 10/15/97 75 Motion by Caldera to compel prod of docs (klh) [Entry date 10/15/97] 10/15/97 77 Order 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 (klh) [Entry date 10/16/97] 10/16/97 78 Motion by Microsoft for leave to file overlength memo/opp to mot/leave to file 1st amd cmp (klh) [Entry date 10/17/97] 10/16/97 79 Memorandum by Microsoft in opposition to [70-1] motion for leave to file 1st amd cmp (klh) [Entry date 10/17/97] 10/20/97 80 Magistrate 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 (klh) [Entry date 10/20/97] 10/21/97 81 Order 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 (klh) [Entry date 10/22/97] 10/23/97 82 Motion by Microsoft to compel pla resp to 2nd set of interrogs (klh) [Entry date 10/24/97] 10/23/97 83 Memorandum by Microsoft in support of [82-1] motion to compel pla resp to 2nd set of interrogs (klh) [Entry date 10/24/97] 10/27/97 84 Return of service executed re: subp issued to Novell, Inc., 10/22/97, c/o L. Jimanez, Agent (klh) [Entry date 10/27/97] 10/27/97 85 Return of service executed re: subp issued to Novell, Inc., c/o S. Streeper, Agent, 5/6/97 (klh) [Entry date 10/27/97] 10/27/97 86 Return of service executed re: subp issued to Novell, Inc., c/o Cindy Paul, Agent, 7/11/97 (klh) [Entry date 10/27/97] 10/27/97 87 Certificate of service by Microsoft re: ntc of depo to Novell, Inc. (klh) [Entry date 10/28/97] 10/28/97 88 Magistrate 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 (klh) [Entry date 10/28/97] 10/28/97 89 Stipulation 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 (klh) [Entry date 10/29/97] 10/29/97 90 Amended 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 (klh) [Entry date 10/29/97] 10/30/97 91 Order 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. (klh) [Entry date 10/31/97] 10/31/97 92 AMENDED 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 (klh) [Entry date 11/03/97] 10/31/97 93 Certificate of service by Microsoft re: ntc of depo of Novell (klh) [Entry date 11/03/97] 11/6/97 94 Certificate of service by Caldera re: 2nd req for prod of docs to dft Microsoft (klh) [Entry date 11/07/97] 11/12/97 95 Sealed Reply by Caldera to response to [70-1] motion for leave to file 1st amd cmp (klh) [Entry date 11/12/97] 11/12/97 96 Sealed Declaration of Stephen J. Hill (klh) [Entry date 11/12/97] 11/12/97 97 Motion by Microsoft for leave to file overlength memo/opp to pla's mot/compel prod of docs (klh) [Entry date 11/13/97] 11/12/97 98 Memorandum by Microsoft in opposition to [75-1] motion to compel prod of docs (klh) [Entry date 11/13/97] 11/12/97 99 Exhibits 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. (klh) [Entry date 11/13/97] [Edit date 01/23/03] 11/13/97 100 Memorandum by Caldera in opposition to [82-1] motion to compel pla resp to 2nd set of interrogs (klh) [Entry date 11/14/97] 11/17/97 101 Order 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 (klh) [Entry date 11/17/97] 11/18/97 102 Minute 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) [Entry date 11/18/97] 11/19/97 -- Judge Boyce told chambers to change trial time from 2 weeks to 6 weeks. (ksj) [Entry date 11/19/97] 11/26/97 103 Motion by Microsoft to compel prod of docs withheld on ground of the atty-client privlege (klh) [Entry date 12/01/97] 11/26/97 104 Sealed Memorandum by Microsoft in support of [103-1] motion to compel prod of docs withheld on ground of the atty-client privlege (klh) [Entry date 12/01/97] [Edit date 12/01/97] 11/26/97 105 Sealed Exhibits filed by defendant Microsoft RE: [103-1] motion to compel prod of docs withheld on ground of the atty-client privlege (klh) [Entry date 12/01/97] 12/1/97 106 SEALED Reply by Caldera to response to [75-1] motion to compel prod of docs (klh) [Entry date 12/02/97] [Edit date 02/15/00] 12/2/97 107 Reply by Microsoft to response to [82-1] motion to compel pla resp to 2nd set of interrogs (klh) [Entry date 12/03/97] 12/3/97 108 Motion by Caldera for leave to file overlength rply memo in supp of Caldera's mot/comp prod of docs (klh) [Entry date 12/04/97] [Edit date 03/14/00] 12/3/97 109 Order 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 (klh) [Entry date 12/04/97] [Edit date 04/02/98] 12/5/97 110 Magistrate 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 (klh) [Entry date 12/05/97] 12/5/97 111 Objections by Microsoft to Caldera's 1st set of interrogs (klh) [Entry date 12/08/97] 12/9/97 112 Notice 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 (klh) [Entry date 12/10/97] 12/12/97 113 Certificate of service by Caldera re: Caldera's objections and responses to Microsoft's 2nd set of interrogs (klh) [Entry date 12/15/97] 12/15/97 114 Order denying [52-1] motion to change/transfer venue to W Dist of WA signed by Judge Ronald N. Boyce, 12/12/97. cc: attys (klh) [Entry date 12/15/97] 12/15/97 115 Memorandum by Caldera in opposition to [103-1] motion to compel prod of docs withheld on ground of the atty-client privlege (klh) [Entry date 12/16/97] 12/16/97 116 Minute 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) [Entry date 12/16/97] 12/19/97 117 Motion by Caldera for leave to file 2nd draft of 1st amd cmp (klh) [Entry date 12/19/97] 12/19/97 118 Memorandum by Caldera in support of [117-1] motion for leave to file 2nd draft of 1st amd cmp (klh) [Entry date 12/19/97] 12/22/97 119 Minute 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) [Entry date 12/22/97] 12/23/97 120 Order 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) [Entry date 12/23/97] 12/23/97 121 Motion 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) [Entry date 12/24/97] 12/23/97 122 SEALED Reply by Microsoft to response to [103-1] motion to compel prod of docs withheld on ground of the atty-client privlege (ce) [Entry date 12/24/97] 12/29/97 123 Order 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 (klh) [Entry date 12/30/97] 12/29/97 124 Sealed 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 . (klh) [Entry date 12/30/97] 12/30/97 125 Return 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 (klh) [Entry date 12/31/97] 12/31/97 126 Memorandum by Microsoft in opposition to [117-1] motion for leave to file 2nd draft of 1st amd cmp (klh) [Entry date 01/05/98] 1/7/98 127 Sealed Reply by Caldera to response to [117-1] motion for leave to file 2nd draft of 1st amd cmp (klh) [Entry date 01/08/98] 1/7/98 128 Motion by Caldera to amend [27-1] protective order to replace "highly confid" with "trade secret" (klh) [Entry date 01/08/98] 1/12/98 -- Transcript of Prcdgs on Mot to Modify Protective Ord & on Pla's Mot to Compel for date of 12/22/97 (kam) [Entry date 01/12/98] 1/12/98 -- Transcript of Proceedings on Motion to Change Venue for date of 11/18/97 (kam) [Entry date 01/12/98] 1/13/98 129 Return of service executed re: subp served upon Compaq Computer, 12/23/97 (kam) [Entry date 01/14/98] 1/15/98 130 Sealed Declaration of Charles R. Eskridge III (klh) [Entry date 01/16/98] 1/15/98 131 Sealed Reply Memo by Caldera to response to [75-1] motion to compel prod of docs (klh) [Entry date 01/16/98] 1/15/98 -- Transcript of Proceedings re: mot to amd cmp/mot to compel disc for date of 12/16/97 (kam) [Entry date 01/16/98] 1/22/98 132 Motion by Microsoft to compel Novell to comply w/document subpoena (klh) [Entry date 01/23/98] 1/22/98 133 Memorandum by Microsoft in support of [132-1] motion to compel Novell to comply w/document subpoena (klh) [Entry date 01/23/98] 1/22/98 134 Declaration of Michael H. Steinberg Re: [132-1] motion to compel Novell to comply w/document subpoena (klh) [Entry date 01/23/98] 1/22/98 135 Motion by Microsoft for leave to file overlength memo in supp of mot/compel Novell to comply with doc subp (kam) [Entry date 01/23/98] 1/22/98 138 Motion by Microsoft to vacate dates in [49-1] Second Scheduling order re: scheduling & disc plan, and to schedule additional Pretrial Conference (klh) [Entry date 01/26/98] 1/22/98 139 Motion by Microsoft to expedite hrg of mot to vacate dates in 2nd sched order (mot #138) re: scheduling and disc plan (klh) [Entry date 01/26/98] 1/22/98 140 Memorandum 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 (klh) [Entry date 01/26/98] 1/22/98 141 Memorandum 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 (klh) [Entry date 01/26/98] 1/23/98 136 Return of service executed re: subp issued to Acer Amer Corp, c/o Michael Tung, 1/7/98 (klh) [Entry date 01/26/98] 1/23/98 137 Amended 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 (klh) [Entry date 01/26/98] 1/26/98 142 Order 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 (klh) [Entry date 01/27/98] 1/27/98 143 Magistrate 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 (klh) [Entry date 01/27/98] 1/28/98 144 Stipulation 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 (klh) [Entry date 01/28/98] 1/28/98 145 Certificate of service by Microsoft re: ans to Caldera's 1st set of interrogs (klh) [Entry date 01/29/98] 1/29/98 146 Notice 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 (klh) [Entry date 01/29/98] 1/30/98 147 Certificate 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 (kam) [Entry date 01/30/98] 1/30/98 148 AMENDED 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) (kam) [Entry date 02/02/98] 2/6/98 149 Memorandum 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 (klh) [Entry date 02/09/98] 2/9/98 150 Reply 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 (klh) [Entry date 02/10/98] 2/10/98 151 Stipulation 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 (klh) [Entry date 02/10/98] 2/10/98 152 Order 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 (klh) [Entry date 02/10/98] 2/11/98 153 Minute 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 BensonFurther 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) [Entry date 02/12/98] 2/11/98 157 Order 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 (klh) [Entry date 02/17/98] 2/11/98 158 Order 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 (klh) [Entry date 02/17/98] 2/12/98 154 Memorandum by Novell Inc in opposition to [132-1] Microsoft's motion to compel Novell to comply w/document subpoena (klh) [Entry date 02/12/98] 2/12/98 155 Affidavit of Jim Lundberg, Esq (klh) [Entry date 02/12/98] 2/12/98 156 Amended complaint by Caldera added party(ies): None. Amends [1-1] complaint; jury demand. See Order #158 allowing the filing of amd cmp (mjm) [Entry date 02/13/98] [Edit date 02/17/98] 2/18/98 159 Notice 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 (klh) [Entry date 02/19/98] 2/23/98 160 Answer by Microsoft to first amended complaint (klh) [Entry date 02/24/98] 2/23/98 161 Stipulation 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 (klh) [Entry date 02/24/98] 2/26/98 162 Motion by Microsoft for leave to file dfts overlength rply memo in supp of its mot/compel Novell to comply w/doc subp (klh) [Entry date 02/27/98] 2/26/98 163 Sealed Reply by Microsoft to response to [132-1] motion to compel Novell to comply w/document subpoena (klh) [Entry date 02/27/98] 3/2/98 164 Minute 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) [Entry date 03/02/98] 3/3/98 165 Order 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 (klh) [Entry date 03/03/98] 3/3/98 166 Order 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 (klh) [Entry date 03/03/98] 3/6/98 167 Certificate of service by Microsoft re: dft's 3d set of interrogs to pla (klh) [Entry date 03/09/98] 3/16/98 168 Third 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) (klh) [Entry date 03/16/98] 3/18/98 169 Stipulation 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 (klh) [Entry date 03/19/98] 3/20/98 170 Order 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 (klh) [Entry date 03/23/98] 3/23/98 171 Return of service executed re: subp issued to Richard Dixon, personally, 3/18/98 (klh) [Entry date 03/23/98] 4/1/98 172 Stipulation by Caldera, Microsoft, IBM stip/mot to produce docs in resp to subp (kam) [Entry date 04/01/98] 4/3/98 173 Magistrate 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 (klh) [Entry date 04/03/98] 4/7/98 174 Order 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. (klh) [Entry date 04/08/98] 4/8/98 175 Certificate of service by Caldera re: Caldera's obj & resp to Microsoft's 3d set of interrogs (klh) [Entry date 04/09/98] 4/10/98 176 Motion 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 (klh) [Entry date 04/13/98] 4/10/98 177 Suppl 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 (klh) [Entry date 04/13/98] 4/13/98 178 Response by Novell Inc to [177-1] suppl support memorandum of Microsoft re: doc compliance w/subp (klh) [Entry date 04/13/98] 4/14/98 179 Minute 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) [Entry date 04/14/98] 4/14/98 180 Certificate of service by Microsoft re: Microsoft's answers to discovery req nos 1,2,3,4 & 6 (klh) [Entry date 04/15/98] 4/22/98 181 Return of service executed re: subp issued to Deborah O'Connell, personally,, 4/4/98 (klh) [Entry date 04/22/98] 4/28/98 182 Objections by Novell Inc to Microsoft's Proposed form of Order to Microsoft's Mot/Compel (klh) [Entry date 04/29/98] 4/30/98 183 Affidavit of John P. Mullen (mjm) [Entry date 05/01/98] 5/5/98 184 Return of service executed re: ntc of doc deposition of Corel Corp (USA), Inc. (klh) [Entry date 05/05/98] 5/7/98 185 Magistrate 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 (klh) [Entry date 05/07/98] 5/7/98 186 Affidavit of Jim Lundberg, Esq. Re: search for mktg docs (klh) [Entry date 05/08/98] 5/13/98 187 Affidavit of Jim Lundberg, Esq. Re: search for marketing documents (klh) [Entry date 05/14/98] 5/14/98 188 Order 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) (klh) [Entry date 05/15/98] 5/21/98 189 Certificate of service by Microsoft re: ntc of depo of Steve Tucker (klh) [Entry date 05/21/98] 5/21/98 190 Certificate of service by Microsoft re: Microsoft's 2d req for prod of docs/things (klh) [Entry date 05/21/98] 6/3/98 191 Certificate of service by Microsoft re: first request for admissions. (asb) [Entry date 06/04/98] 6/4/98 193 Return of service executed re: subp issued to Morgan Stanley & Co, c/o L. Jimanez, Agent, 6/1/98 (klh) [Entry date 06/10/98] 6/9/98 192 Return of service executed re: subp issued to Cooper & Lybrand, c/o Jim Karkas, Office Mgr, 6/2/98, San Jose, CA (klh) [Entry date 06/09/98] 6/10/98 194 Return of service executed re: subp issued to Ernst & Young, c/o Fin Most, Custodian of Records, 6/2/98 (klh) [Entry date 06/10/98] 6/12/98 195 Motion and Order signed by Judge Dee Benson , 6/12/98 cc:atty . Granting motion /PHV for Attorney: Jay Holtmeier on behalf of defendant Microsoft (pcn) [Entry date 06/12/98] 6/12/98 196 Motion by Microsoft for leave to file overlength mem/sup re: expedited mot/compel prod of docs withheld based on alleged atty work product protection (klh) [Entry date 06/15/98] 6/12/98 197 Expedited Motion by Microsoft to compel prod of docs withheld based on alleged atty work production protection (klh) [Entry date 06/15/98] 6/12/98 197 Request for hrg filed by Microsoft re: [197-1] expedited motion to compel prod of docs withheld based on alleged atty work production protection (klh) [Entry date 06/15/98] 6/12/98 198 Memorandum by Microsoft in support of [197-1] expedited motion to compel prod of docs withheld based on alleged atty work production protection (klh) [Entry date 06/15/98] 6/18/98 199 Order 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) [Entry date 06/19/98] 6/18/98 -- Transcript of Proceedings for dates of 4/14/98 (mjm) [Entry date 06/19/98] 6/23/98 200 Magistrate 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) [Entry date 06/24/98] 6/24/98 201 Stipulation filed by Caldera, Microsoft RE: exchange of lists of trial witnesses (not including expert witnesses or trial rebuttal witnesses) on 8/3/98 (ce) [Entry date 06/25/98] 6/25/98 202 Return of service of subpoena executed as to Novell, Inc. served on Tally Burke-Ellison (agent) on 6/22/98 (pcn) [Entry date 06/26/98] 6/30/98 203 Order granting [201-1] stip re: exchange of witness lists to 8/3/98 signed by Judge Dee Benson , 6/29/98 (klh) [Entry date 06/30/98] 6/30/98 204 Objections by Novell Inc to subpoena of Microsoft dtd 6/22/98 (klh) [Entry date 07/01/98] 6/30/98 205 Motion by Novell Inc to quash subpoena dtd 6/22/98 (klh) [Entry date 07/01/98] 7/1/98 206 Return of service executed re: subpoena issued to Unterberg harris c/o Monica Fox 6/3/98 (mjm) [Entry date 07/02/98] 7/1/98 207 Return of service executed re: subpoena svd on Deutsch Bank Securities c/o Jane Doe - Receptionist on 6/23/98 (mjm) [Entry date 07/02/98] 7/1/98 208 Return of service executed of subpoena svd on Sun Microsystems Computer c/o Maria Sanchez on 6/17/98 (mjm) [Entry date 07/02/98] 7/1/98 209 Return of service executed re: subpoena issued to Apple Computer c/o Maria Sanchez 6/17/98 (mjm) [Entry date 07/02/98] 7/3/98 210 Motion 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 (klh) [Entry date 07/06/98] 7/3/98 211 Joint 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 (klh) [Entry date 07/06/98] 7/6/98 212 Motion by Caldera to compel prod of OEM license databases (klh) [Entry date 07/06/98] 7/6/98 212 Expedited Request for hrg filed by Caldera re: [212-1] motion to compel prod of OEM license databases (klh) [Entry date 07/06/98] 7/6/98 213 Sealed Memorandum by Caldera in support of [212-1] motion to compel prod of OEM license databases (klh) [Entry date 07/06/98] 7/6/98 214 Sealed Exhibits filed by plaintiff Caldera RE: [212-1] motion to compel prod of OEM license databases (klh) [Entry date 07/06/98] 7/6/98 215 Motion by Caldera for leave to file overlength mem/supp of mot/compel prod of OEM License Databases (klh) [Entry date 07/06/98] 7/7/98 216 Motion by Caldera to compel prod of software source code (klh) [Entry date 07/07/98] 7/7/98 216 Request for expedited hrg filed by Caldera re: [216-1] motion to compel prod of software source code (klh) [Entry date 07/07/98] 7/7/98 217 Memorandum by Caldera in support of [216-1] hearing requested, [216-1] motion to compel prod of software source code (klh) [Entry date 07/07/98] 7/7/98 218 Exhibits filed by plaintiff Caldera RE: [216-1] motion to compel prod of software source code (klh) [Entry date 07/07/98] 7/14/98 219 Magistrate 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 (klh) [Entry date 07/14/98] 7/14/98 220 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 (klh) [Entry date 07/15/98] 7/14/98 220 Reply by Microsoft to response to [197-1] motion to compel prod of docs withheld based on alleged atty work production protection (klh) [Entry date 07/15/98] 7/14/98 221 Order 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 (klh) [Entry date 07/15/98] 7/16/98 222 Amended 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 (klh) [Entry date 07/16/98] 7/16/98 223 Minute 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) [Entry date 07/16/98] 7/17/98 224 Motion 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. (kam) [Entry date 07/20/98] 7/17/98 225 Memorandum 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. (kam) [Entry date 07/20/98] 7/17/98 226 Notice 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 (kam) [Entry date 07/20/98] 7/21/98 227 Memorandum by Microsoft in opposition to [216-1] motion to compel prod of software source code (ce) [Entry date 07/22/98] 7/21/98 228 Memorandum by Microsoft in opposition to [212-1] motion to compel prod of OEM license databases (ce) [Entry date 07/22/98] 7/21/98 229 JT 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 (kam) [Entry date 07/22/98] 7/24/98 230 Suppl 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 (klh) [Entry date 07/28/98] 7/27/98 231 Memorandum by Caldera in opposition to [224-1] motion to extend the discovery cut-off date (klh) [Entry date 07/28/98] 7/28/98 232 Order 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 (klh) [Entry date 07/29/98] 7/28/98 233 Minute 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) [Entry date 07/29/98] 7/28/98 234 SEALED DOCUMENT (mrw) [Entry date 07/31/98] 7/30/98 235 Return of service executed re: subp issued to Micron Electronics, c/o Steve Arnold, VP & Gen cnsl, 7/23/98 (klh) [Entry date 07/31/98] 8/4/98 236 Return of service executed re: subp served upon Peter J. DiCorti, personally, on 7/28/98 (kam) [Entry date 08/07/98] 8/6/98 237 Fourth 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) [Entry date 08/07/98] 8/11/98 -- Transcript of Proceedings for dates of 3/2/98 Hearing (asb) [Entry date 08/12/98] 8/11/98 -- Transcript of Proceedings for dates of 7/28/98 Motion Hearing (asb) [Entry date 08/12/98] 8/11/98 -- 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) [Entry date 08/12/98] 8/11/98 -- Transcript of Proceedings for dates of 02/11/98 re: hrg held before RNB (jag) [Entry date 08/12/98] 8/14/98 238 Order 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) (klh) [Entry date 08/17/98] 8/24/98 239 Certificate of service by Microsoft re: 4th set of interrog (asb) [Entry date 08/25/98] 8/27/98 240 Certificate of service by Microsoft re: req for prod of docs (jag) [Entry date 08/28/98] 9/1/98 241 Motion 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) [Entry date 09/14/98] 9/1/98 242 Memorandum 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) [Entry date 09/14/98] 9/4/98 243 Return of service executed re: subp issued to Sykes Enterprises, c/o Angelica Carrillo, 8/27/98 (klh) [Entry date 09/08/98] 9/9/98 245 Motion 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 (mas) [Entry date 09/10/98] 9/9/98 246 Memorandum 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 (mas) [Entry date 09/10/98] 9/9/98 247 Motion by Microsoft for leave to file overlength memo (mas) [Entry date 09/10/98] 9/9/98 -- 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 (klh) [Entry date 09/10/98] 9/9/98 244 SEALED 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) [Entry date 09/14/98] 9/11/98 248 Reply 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) [Entry date 09/14/98] 9/14/98 249 Order granting [247-1] motion for leave to file overlength memo signed by Judge Dee Benson , 9/10/98 cc: atty (mas) [Entry date 09/14/98] 9/14/98 250 Expedited 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) [Entry date 09/15/98] 9/14/98 251 Memorandum 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) [Entry date 09/15/98] [Edit date 01/23/03] 9/14/98 252 Certificate of service by Microsoft re: second req/adms to pla (ce) [Entry date 09/15/98] 9/15/98 253 Certificate of service by Caldera re: 3rd set of rqst for prod of docs, 1st rqst for admissions & 2nd set of interrog (asb) [Entry date 09/16/98] 9/17/98 254 Return of service executed 09/11/98 McKenna, Cuneo, LLP, c/o Cathie Alter (jag) [Entry date 09/18/98] 9/18/98 255 UNSEALED Expedited Motion by Caldera to declare portions of Stefanie Reichel's deposition not confidential Unsealed pursuant to Order #665 (jag) [Entry date 09/21/98] [Edit date 01/27/00] 9/18/98 255 SEALED Memorandum by Caldera in support of [255-1] motion to declare portions of Stefanie Reichel's deposition not confidential (jag) [Entry date 09/21/98] 9/18/98 256 SEALED Declaration of Stephen J. Hill (jag) [Entry date 09/21/98] 9/23/98 257 Memorandum 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) [Entry date 09/24/98] 9/24/98 258 Order, 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) (klh) [Entry date 09/25/98] 9/25/98 259 Stipulation 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 (mas) [Entry date 09/25/98] 9/25/98 260 Reply 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 (klh) [Entry date 09/28/98] 9/25/98 261 Ex parte motion by Novell Inc for leave to file overlength memo in opp to Microsoft's mot/compel (klh) [Entry date 09/28/98] 9/25/98 262 Memorandum by Novell Inc in support of [261-1] ex parte motion for leave to file overlength memo in opp to Microsoft's mot/compel (klh) [Entry date 09/28/98] 9/25/98 263 SEALED 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 (klh) [Entry date 09/28/98] 9/28/98 264 SEALED Motion by Microsoft for an Order to show cause why pla & its cnsl should not be held in contempt of ct (klh) [Entry date 09/28/98] 9/28/98 265 SEALED 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 (klh) [Entry date 09/28/98] 9/28/98 266 Sealed 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 (klh) [Entry date 09/28/98] 9/28/98 267 SEALED Memorandum by Microsoft in opposition to [255-1] sealed expedited motion to declare portions of Stefanie Reichel's deposition not confidential (klh) [Entry date 09/28/98] 9/28/98 268 SEALED Notice of filing by Novell Inc re: Novell's in-camera prod of privileged docs (klh) [Entry date 09/28/98] 9/28/98 269 Minute 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) [Entry date 09/29/98] 9/29/98 270 Ex 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 (klh) [Entry date 09/30/98] 10/2/98 271 Return of service executed re: Sturgis M. Sobin, and Ablondi, Foster, Sobin & Davidow, c/o Sturgis M. Sobin. on 10/1/98 (mas) [Entry date 10/02/98] 10/5/98 272 Reply 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 (klh) [Entry date 10/06/98] 10/6/98 273 Return of service executed 09/30/98, depo subpoena to Novell, Inc (jag) [Entry date 10/07/98] 10/6/98 274 Return of service executed 10/04/98, depo subpoena served on Snow, Christensen & Martineau (jag) [Entry date 10/07/98] 10/7/98 275 Notice 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 (klh) [Entry date 10/08/98] 10/9/98 277 Minute 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) [Entry date 10/13/98] 10/12/98 276 Stipulation 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 (mas) [Entry date 10/13/98] 10/13/98 278 Objections by Novell Inc to subpoena & ntc of depo from Microsoft dtd 9/30/98 (klh) [Entry date 10/14/98] 10/15/98 279 Minute 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) [Entry date 10/15/98] 10/15/98 280 Certificate of service by Microsoft re: ans to Caldera's req for adms (kam) [Entry date 10/16/98] 10/15/98 281 Stipulation by Caldera, Microsoft stip/motion to extend time for Caldera to respond to Microsoft's second request for admissions until 11/13/98 (dvk) [Entry date 10/16/98] 10/15/98 282 Order 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 (dvk) [Entry date 10/16/98] 10/15/98 283 Order 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. (dvk) [Entry date 10/16/98] 10/16/98 284 Expedited Motion by Caldera for letter of request to approp authority in the UK (England & Wales) authorizing pla to take depo of Diran Kazandjian (klh) [Entry date 10/19/98] 10/16/98 285 Declaration 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 (klh) [Entry date 10/19/98] 10/16/98 286 Order 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) (klh) [Entry date 10/19/98] [Edit date 10/19/98] 10/20/98 287 Response and objections by Caldera in opposition to subpoena served by Microsoft on 10/1/98 (dvk) [Entry date 10/21/98] 10/22/98 288 Certificate 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 (dvk) [Entry date 10/23/98] 10/23/98 290 Request for clarification re: certain statements made by the court at the hearing on 9/28/98: by defendant Microsoft (dvk) [Entry date 10/26/98] 10/23/98 291 Memorandum by Microsoft in support of [290-1] clarification requested (dvk) [Entry date 10/26/98] 10/26/98 289 Order 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 (kam) [Entry date 10/26/98] 10/26/98 292 Stipulation 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) (kam) [Entry date 10/27/98] 10/26/98 292 Order 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 (kam) [Entry date 10/27/98] 10/27/98 293 Certificate of service by Microsoft re: 3rd set of requests for prod of docs (jag) [Entry date 10/28/98] 10/29/98 294 Motion by Caldera to disqualify Microsoft's counsel as counsel for Stefanie Reichel Individually (dvk) [Entry date 10/29/98] 10/29/98 295 Declaration of Ralph H. Palumbo Re: [294-1] motion to disqualify Microsoft's counsel as counsel for Stefanie Reichel Individually (dvk) [Entry date 10/29/98] 10/30/98 296 Order 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 (kam) [Entry date 10/30/98] 10/30/98 297 Stipulation 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) (kam) [Entry date 10/30/98] 10/30/98 298 Protective 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) (kam) [Entry date 10/30/98] 11/2/98 300 Return of service executed re: subp served on Dr. Lee Hollaar 10/27/98 (mas) [Entry date 11/03/98] 11/3/98 299 Order 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 (kam) [Entry date 11/03/98] 11/3/98 -- Per M Judge RNB - docs #294 & 295 are to be unsealed. (klh) [Entry date 11/04/98] 11/3/98 301 Return of service executed served upon Scott Wilson c/o Dr. Evan Ivie & Dr. James R. Kearl on 10/29/98. (asb) [Entry date 11/04/98] 11/3/98 302 Sealed 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) (klh) [Entry date 11/04/98] 11/5/98 303 Motion by Caldera for leave to file Caldera's overlength resp to Microsoft's mot/order to show cause (klh) [Entry date 11/06/98] 11/5/98 304 Sealed 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 (klh) [Entry date 11/06/98] 11/5/98 305 SEALED Declaration of Ralph H. Palumbo IN SUPPORT Re: [304-1] Caldera's response to Microsoft's mot/order to show cause (klh) [Entry date 11/06/98] [Edit date 11/06/98] 11/5/98 306 SEALED Declaration of Stephen J. Hill IN SUPPORT Re: [304-1] Caldera's response to Microsoft's mot/order to show cause (klh) [Entry date 11/06/98] [Edit date 11/06/98] 11/9/98 307 Order 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 (klh) [Entry date 11/10/98] 11/9/98 308 Return of service executed re: subp issued to Shawn Lynn, 11/1/98, personally. (klh) [Entry date 11/10/98] 11/13/98 -- Transcript of Proceedings for date(s) of 10/9/98 (ksj) [Entry date 11/13/98] 11/13/98 309 Stipulation by Caldera, Microsoft second stip to extend time to 11/30/98 for Caldera to respond Microsoft's 2nd req for admissions (klh) [Entry date 11/16/98] 11/13/98 310 Order 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 (klh) [Entry date 11/16/98] 11/16/98 311 Return of service executed re: subp issued to Apple Computer, c/o Miguel Lopez, 11/9/98 (klh) [Entry date 11/16/98] 11/17/98 312 Notice 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) (klh) [Entry date 11/18/98] 11/17/98 313 Declaration 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 (klh) [Entry date 11/18/98] 11/18/98 314 Response by Caldera to [290-1] Microsoft's clarification request (klh) [Entry date 11/19/98] 11/20/98 315 Stipulation 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 (klh) [Entry date 11/23/98] 11/20/98 316 Motion by Microsoft to compel complete prod of docs obtained from third parties (klh) [Entry date 11/23/98] 11/20/98 317 Memorandum by Microsoft in support of [316-1] motion to compel complete prod of docs obtained from third parties (klh) [Entry date 11/23/98] 11/30/98 318 Stipulation by Caldera, Microsoft third stip to extend time to 12/18/98 for Caldera to resp to Microsoft's 2nd req for admissions (klh) [Entry date 12/01/98] 11/30/98 319 Stipulation 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 (klh) [Entry date 12/01/98] 11/30/98 320 Stipulation by Caldera, Microsoft stip to extend time to 12/2/98 for Microsoft to file its req for clarification (klh) [Entry date 12/01/98] 11/30/98 321 Order 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 (klh) [Entry date 12/01/98] 11/30/98 322 Order 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 (klh) [Entry date 12/01/98] 12/1/98 323 Sealed Response by Microsoft to [294-1] motion to disqualify Microsoft's counsel as counsel for Stefanie Reichel Individually (klh) [Entry date 12/02/98] 12/1/98 324 Response Reply by Microsoft to [290-1] clarification requested (klh) [Entry date 12/02/98] 12/3/98 325 Motion 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 (klh) [Entry date 12/04/98] 12/3/98 326 Memorandum 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 (klh) [Entry date 12/04/98] 12/3/98 -- Affidavit of Steve Goodrich, rec'd on 12/3/98 was Lodged in file - not original signature (klh) [Entry date 12/04/98] 12/4/98 327 Order 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 (klh) [Entry date 12/07/98] 12/4/98 328 Motion 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 (klh) [Entry date 12/07/98] 12/4/98 329 Motion by Microsoft to compel prod of docs from Novell re: twenty Netware License Agreements (klh) [Entry date 12/07/98] 12/4/98 329 Request 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 (klh) [Entry date 12/07/98] 12/4/98 330 Memorandum by Microsoft in support of [329-1] oral argument request, [329-1] motion to compel prod of docs from Novell re: Netware License Agreements (klh) [Entry date 12/07/98] 12/7/98 331 Objections by Novell Inc RE: [329-1] motion to compel prod of docs from Novell re: twenty Netware License Agreements (klh) [Entry date 12/08/98] 12/7/98 331 Request 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 (klh) [Entry date 12/08/98] 12/8/98 332 Order, 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) (klh) [Entry date 12/09/98] 12/8/98 333 Stip 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 (klh) [Entry date 12/09/98] 12/8/98 334 Minute 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) [Entry date 12/09/98] 12/10/98 -- Transcript of Proceedings for date(s) of 12/8/98 re: tape recorded hrg of mot/compel held before RNB (klh) [Entry date 12/10/98] 12/10/98 335 Motion 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 (klh) [Entry date 12/10/98] 12/10/98 336 Memorandum 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 (klh) [Entry date 12/10/98] 12/14/98 337 Stipulation 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) [Entry date 12/15/98] 12/15/98 338 Stipulation by Caldera, Microsoft stip for discovery from expert witnesses (klh) [Entry date 12/16/98] 12/15/98 339 Motion by Caldera to compel interrogs, and for document discovery (klh) [Entry date 12/16/98] 12/16/98 340 Order 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 (mas) [Entry date 12/16/98] 12/17/98 341 Motion and Order signed by Judge Dee Benson , 12/16/98 cc: attys . Granting motion /PHV for Attorney: Michael Tenenbaum on behalf of defendant Microsoft (klh) [Entry date 12/18/98] 12/17/98 342 Stipulation 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 (klh) [Entry date 12/18/98] 12/18/98 343 Certificate of service by Caldera re: resp to def Microsoft's second req/adms (klj) [Entry date 12/18/98] 12/18/98 344 Motion 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 (klh) [Entry date 12/21/98] 12/22/98 345 Order granting [338-1] stip/motion for discovery from expert witnesses signed by Judge Ronald N. Boyce , 12/22/98 cc: attys (klh) [Entry date 12/23/98] 12/28/98 346 Magistrate 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 (klh) [Entry date 12/28/98] 12/28/98 347 Motion by Novell Inc to quash Microsoft's fourth subp to Novell (klj) [Entry date 12/29/98] 12/28/98 348 Memorandum by Novell Inc in support of [347-1] motion to quash Microsoft's fourth subp to Novell (klj) [Entry date 12/29/98] 12/30/98 349 Order 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 (klh) [Entry date 01/04/99] 12/31/98 350 Motion 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 (klh) [Entry date 01/04/99] 12/31/98 350 Memorandum 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 (klh) [Entry date 01/04/99] 1/7/99 351 Magistrate 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 (klh) [Entry date 01/07/99] 1/12/99 352 Stipulation 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) (klh) [Entry date 01/13/99] [Edit date 01/13/99] 1/12/99 353 Order 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 (klh) [Entry date 01/13/99] 1/12/99 354 Stipulation 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 (klh) [Entry date 01/13/99] 1/12/99 355 Motion by Microsoft for partial summary judgment on pla's predisclosure claim (klh) [Entry date 01/13/99] 1/12/99 356 SEALED Memorandum by Microsoft in support of [355-1] motion for partial summary judgment on pla's predisclosure claim (klh) [Entry date 01/13/99] 1/12/99 357 Amd Certificate of service by Microsoft re: notice of depo of Janet Masinter (klj) [Entry date 01/13/99] 1/13/99 358 Order 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 (klh) [Entry date 01/14/99] 1/13/99 359 Motion by Novell Inc to quash Microsoft's 5th subpoena dtd 1/18/99 (klh) [Entry date 01/14/99] 1/13/99 360 Memorandum by Novell Inc in support of [359-1] motion to quash Microsoft's 5th subpoena dtd 1/18/99 (klh) [Entry date 01/14/99] 1/13/99 361 Affidavit of John P. Mullen (klh) [Entry date 01/14/99] 1/13/99 362 Return of service executed re: subp served on Novell c/o Loreto Jimenez, 1/8/99 (klh) [Entry date 01/14/99] 1/14/99 363 Order 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 (klh) [Entry date 01/15/99] 1/14/99 364 Motion by Microsoft for leave to file overlength Mem/Opp to Mot/Compel Interrog & Doc Discovery (klh) [Entry date 01/15/99] 1/14/99 365 Memorandum by Microsoft in opposition to [339-1] motion to compel interrogs, [339-2] motion for document discovery (klh) [Entry date 01/15/99] 1/20/99 366 Order 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) [Entry date 01/21/99] 1/20/99 367 Order 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) [Entry date 01/21/99] 1/20/99 368 Affidavit of Betty Litke Re: [366-2] relief (ksj) [Entry date 01/21/99] 1/21/99 369 Order 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 (klh) [Entry date 01/25/99] 1/22/99 370 Motion 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 (klh) [Entry date 01/25/99] 1/25/99 371 Stipulation by Caldera, Microsoft to extend time to 1/27/99 for dft Microsoft to file four dispositive motions (klh) [Entry date 01/26/99] 1/25/99 372 Sealed Motion by Microsoft for partial summary judgment re: pla's state claim of tortious interference (klh) [Entry date 01/27/99] 1/25/99 373 SEALED Memorandum by Microsoft in support of [372-1] sealed motion for partial summary judgment re: pla's state claim of tortious interference (klh) [Entry date 01/27/99] 1/25/99 374 Sealed Motion by Microsoft for partial summary judgment re: pla's "product preannouncement" claims (klh) [Entry date 01/27/99] 1/25/99 375 Sealed Memorandum by Microsoft in support of [374-1] sealed motion for partial summary judgment re: pla's "product preannouncement" claims (klh) [Entry date 01/27/99] 1/25/99 376 Sealed Motion by Microsoft for partial summary judgment re: pla's claim of "perceived incompatibilities" (klh) [Entry date 01/27/99] 1/25/99 377 Sealed Memorandum by Microsoft in support of [376-1] Sealed motion for partial summary judgment re: pla's claim of "perceived incompatibilities" (klh) [Entry date 01/27/99] 1/25/99 378 Sealed Motion by Microsoft for partial summary judgment re: alleged intentional incompatibilities (klh) [Entry date 01/27/99] 1/25/99 379 Sealed Memorandum by Microsoft in support of [378-1] sealed motion for partial summary judgment re: alleged intentional incompatibilities (klh) [Entry date 01/27/99] 1/25/99 380 Sealed Motion by Microsoft for partial summary judgment re: pla's "technological tying" claim (klh) [Entry date 01/27/99] 1/25/99 381 Sealed Memorandum by Microsoft in support of [380-1] sealed motion for partial summary judgment re: pla's "technological tying" claim (klh) [Entry date 01/27/99] 1/25/99 382 Certificate 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 (klh) [Entry date 01/27/99] 1/26/99 383 Motion by Microsoft for partial summary judgment re: Pla's European and Japanese Claims (klh) [Entry date 01/27/99] 1/26/99 384 Sealed Memorandum by Microsoft in support of [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims (klh) [Entry date 01/27/99] 1/27/99 385 Sealed Motion by Microsoft for partial summary judgment on claims re: Microsoft's licensing practices (klh) [Entry date 01/28/99] [Edit date 01/28/99] 1/27/99 386 Sealed Memorandum by Microsoft in support of [385-1] sealed motion for partial summary judgment on claims re: Microsoft's licensing practices (klh) [Entry date 01/28/99] 1/27/99 387 Sealed Motion by Microsoft for partial summary judgment on pla's product disparagement claims (klh) [Entry date 01/28/99] 1/27/99 388 Sealed Memorandum by Microsoft in support of [387-1] sealed motion for partial summary judgment on pla's product disparagement claims (klh) [Entry date 01/28/99] 1/29/99 389 Motion and Order signed by Judge Dee Benson, 1/29/99. Granting motion /PHV for Attorney: Richard H. Klapper on behalf of defendant Microsoft (hom) [Entry date 02/01/99] 1/29/99 390 AMENDED 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 (hom) [Entry date 02/01/99] 1/29/99 391 Motion by Caldera to extend time to 3/31/99 for filing expert rebuttal reports (hom) [Entry date 02/01/99] 1/29/99 392 Memorandum by Caldera in support of [391-1] motion to extend time to 3/31/99 for filing expert rebuttal reports (hom) [Entry date 02/01/99] 1/29/99 393 Declaration of Stephen J. Hill (hom) [Entry date 02/01/99] 1/29/99 394 Motion 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 (hom) [Entry date 02/01/99] [Edit date 02/16/99] 1/29/99 395 Memorandum 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 (hom) [Entry date 02/01/99] [Edit date 02/16/99] 1/29/99 395 Memo in Response by Microsoft to [347-1] Novell's motion to quash Microsoft's fourth subp to Novell (hom) [Entry date 02/04/99] 2/1/99 399 AMENDED 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 (hom) [Entry date 02/04/99] 2/2/99 396 Affidavit of Steve Goodrich (hom) [Entry date 02/03/99] 2/3/99 397 Order 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 (hom) [Entry date 02/04/99] 2/3/99 398 Stip 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 (hom) [Entry date 02/04/99] 2/4/99 400 Minute 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) [Entry date 02/05/99] 2/5/99 401 Motion by Microsoft to continue trial date, now set for 6/7/99, be continued for 3 months (hom) [Entry date 02/08/99] 2/5/99 402 Memorandum by Microsoft in support of [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months (hom) [Entry date 02/08/99] 2/10/99 403 Motion 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) [Entry date 02/11/99] 2/10/99 405 Motion for permissive intervention to modify protective order by Bristol Tech (asb) [Entry date 02/12/99] 2/10/99 406 Memorandum by Bristol Tech in support of [405-1] motion for permissive intervention to modify protective order by Bristol Tech (asb) [Entry date 02/12/99] 2/10/99 406 Declaration of Patrick Lynch Re: [405-1] motion for permissive intervention to modify protective order by Bristol Tech (asb) [Entry date 02/12/99] 2/11/99 404 Memorandum by Caldera in opposition to [401-1] motion to continue trial date, now set for 6/7/99, be continued for 3 months (asb) [Entry date 02/12/99] 2/11/99 408 Stipulation 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) [Entry date 02/16/99] 2/11/99 409 Motion by Caldera for leave to file pla's overlength memo in oppo to dft's mot/cont trial date (ce) [Entry date 02/16/99] 2/11/99 410 Declaration 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) [Entry date 02/16/99] 2/11/99 411 SEALED 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) [Entry date 02/16/99] 2/11/99 412 Order 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) [Entry date 02/16/99] 2/12/99 407 Order 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) [Entry date 02/16/99] 2/12/99 413 Certificate 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) [Entry date 02/16/99] 2/12/99 414 Notice 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) [Entry date 02/16/99] 2/12/99 415 Memorandum by Microsoft in opposition to [391-1] motion to extend time to 3/31/99 for filing expert rebuttal reports (ce) [Entry date 02/16/99] 2/12/99 426 Memorandum 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. (hom) [Entry date 02/18/99] [Edit date 01/23/03] 2/12/99 427 Memorandum 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. (hom) [Entry date 02/18/99] [Edit date 01/23/03] 2/12/99 428 Memorandum 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. (hom) [Entry date 02/18/99] [Edit date 01/23/03] 2/12/99 429 Memorandum 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. (hom) [Entry date 02/18/99] [Edit date 01/23/03] 2/12/99 430 Memorandum 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. (hom) [Entry date 02/18/99] [Edit date 01/23/03] 2/12/99 431 Memorandum 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. (hom) [Entry date 02/18/99] [Edit date 01/23/03] 2/12/99 432 Memorandum 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. (hom) [Entry date 02/18/99] [Edit date 01/23/03] 2/12/99 433 Memorandum 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. (hom) [Entry date 02/18/99] [Edit date 01/23/03] 2/12/99 434 Memorandum 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. (hom) [Entry date 02/18/99] [Edit date 01/23/03] 2/16/99 416 SEALED 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) [Entry date 02/16/99] [Edit date 02/16/99] 2/16/99 416 SEALED Memorandum by Caldera in support of [347-1] motion to quash Microsoft's fourth subp to Novell (asb) [Entry date 02/16/99] 2/16/99 417 Motion to intervene by San Jose Mercury News for limited purpose of seeking an order, to unseal court file (asb) [Entry date 02/17/99] 2/16/99 418 Memorandum 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) [Entry date 02/17/99] 2/16/99 419 Declaration 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) [Entry date 02/17/99] 2/16/99 420 SEALED 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) [Entry date 02/17/99] 2/16/99 421 Motion by Microsoft for leave to file dfts overlength reply brief in supp of mot/cont trial date (ce) [Entry date 02/17/99] 2/16/99 422 Motion by Microsoft to file under seal dft's reply to pla's oppo to dft's mot/cont trial date (ce) [Entry date 02/17/99] 2/16/99 423 Memorandum 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) [Entry date 02/17/99] 2/16/99 424 Amended 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) [Entry date 02/17/99] 2/17/99 425 Motion and Order signed by Judge Dee Benson , 2/16/99 . Granting motion /PHV for Attorney: Robert G. Loewy on behalf of movant Bristol Tech (hom) [Entry date 02/18/99] 2/18/99 435 Minute 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 (lc) [Entry date 02/19/99] 2/19/99 436 Ex 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 (hom) [Entry date 02/22/99] 2/19/99 437 Stipulation 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 (hom) [Entry date 02/22/99] 2/19/99 438 Order 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 (hom) [Entry date 02/22/99] 2/19/99 439 Order 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 (hom) [Entry date 02/22/99] 2/19/99 440 Order 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 (hom) [Entry date 02/22/99] 2/19/99 441 Affidavit of Karen Owens (hom) [Entry date 02/22/99] 2/19/99 442 Reply by Novell Inc to response to [347-1] motion to quash Microsoft's fourth subp to Novell (hom) [Entry date 02/22/99] 2/19/99 442 Memorandum by Novell Inc in opposition to [394-1] motion to compel Novell to produce netware files and prepaid balance information (hom) [Entry date 02/22/99] 2/22/99 443 Motion by Caldera to compel production of improperly withheld docs (hom) [Entry date 02/23/99] 2/22/99 444 Memorandum by Caldera in support of [443-1] motion to compel production of improperly withheld docs (hom) [Entry date 02/23/99] 2/22/99 445 Motion by Caldera for leave to file overlength mem/supp to their mot/compel production of improperly withheld docs (hom) [Entry date 02/23/99] 2/22/99 446 Declaration of Stephen J. Hill IN SUPPORT Re: [443-1] Caldera's motion to compel production of improperly withheld docs (hom) [Entry date 02/23/99] 2/22/99 447 Certificate 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 (hom) [Entry date 02/23/99] 2/23/99 -- 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 (hom) [Entry date 02/23/99] 2/23/99 448 Ex 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 (hom) [Entry date 02/24/99] 2/23/99 -- 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 (hom) [Entry date 02/24/99] 2/24/99 449 AMENDED 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 (hom) [Entry date 02/25/99] 2/25/99 450 Affidavit of Janet Masinter (hom) [Entry date 02/26/99] 2/25/99 451 Affidavit of David Trotter IN OPPOSITION Re: Microsoft's mot/compel (can't determine which mot/compel filed by Microsoft) (hom) [Entry date 02/26/99] 3/2/99 -- Transcript of Proceedings for date(s) of 2/4/99 re: Caldera's mot/compel hearing held before M Judge RNB (hom) [Entry date 03/02/99] 3/2/99 452 Scheduling 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. (hom) [Entry date 03/03/99] 3/2/99 453 Motion 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" (hom) [Entry date 03/03/99] 3/2/99 454 Memorandum 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" (hom) [Entry date 03/03/99] 3/3/99 455 Memorandum by Microsoft in opposition to Bristo. Tech's [405-1] motion for permissive intervention to modify protective order (ce) [Entry date 03/04/99] 3/4/99 456 Reply by Bristol Tech to response to [405-1] motion for permissive intervention to modify protective order by Bristol Tech (hom) [Entry date 03/05/99] 3/10/99 457 Reply by Microsoft to response to [394-1] motion to compel Novell to produce netware files and prepaid balance information (hom) [Entry date 03/11/99] 3/11/99 459 Motion 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) [Entry date 03/12/99] 3/11/99 460 Memorandum 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) [Entry date 03/12/99] 3/11/99 461 Affidavit 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) [Entry date 03/12/99] 3/12/99 458 Magistrate 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) [Entry date 03/12/99] 3/15/99 462 Minute 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) [Entry date 03/15/99] 3/16/99 463 Memorandum by Caldera in support of [405-1] motion for permissive intervention to modify protective order by Bristol Tech (hom) [Entry date 03/17/99] 3/18/99 464 Motion 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) [Entry date 03/19/99] 3/18/99 465 Memorandum 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) [Entry date 03/19/99] 3/22/99 466 Memorandum 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 (hom) [Entry date 03/23/99] 3/23/99 467 Minute 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) [Entry date 03/23/99] 3/23/99 468 Scheduling 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 (hom) [Entry date 03/24/99] 3/23/99 -- 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 (hom) [Entry date 03/24/99] 3/23/99 -- 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 (hom) [Entry date 03/24/99] 3/23/99 -- 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 (hom) [Entry date 03/24/99] 3/23/99 -- 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 (hom) [Entry date 03/24/99] 3/23/99 -- 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 (hom) [Entry date 03/24/99] 3/23/99 -- 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 (hom) [Entry date 03/24/99] 3/23/99 469 Motion by Microsoft for leave to file overlength mem/opp to Calderan's mot/compel prod of improperly withheld docs (hom) [Entry date 03/24/99] 3/23/99 470 Memorandum by Microsoft in opposition to [443-1] motion to compel production of improperly withheld docs (hom) [Entry date 03/24/99] 3/23/99 471 Declaration of Jay Holtmeier IN OPPOSITION Re: [443-1] motion to compel production of improperly withheld docs. Doc is oversized and placed in Volume H. (hom) [Entry date 03/24/99] [Edit date 01/23/03] 3/26/99 472 Notice 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. (hom) [Entry date 03/29/99] 3/26/99 473 Memorandum 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" (hom) [Entry date 03/29/99] 3/29/99 474 Motion 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 (hom) [Entry date 03/29/99] 3/29/99 475 Memorandum 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 (hom) [Entry date 03/29/99] 3/29/99 476 Order 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 (hom) [Entry date 03/30/99] 3/29/99 477 Order 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 (hom) [Entry date 03/30/99] 3/30/99 -- 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 (hom) [Entry date 03/31/99] 3/31/99 478 Certificate of service [475-1] support memorandum by Caldera (hom) [Entry date 04/01/99] 4/2/99 479 Reply 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" (hom) [Entry date 04/05/99] 4/5/99 480 Minute 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) [Entry date 04/05/99] 4/5/99 481 Motion 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 (hom) [Entry date 04/07/99] 4/7/99 482 Memorandum 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 (hom) [Entry date 04/07/99] 4/7/99 483 Order, 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 (hom) [Entry date 04/09/99] 4/9/99 490 Response 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 (hom) [Entry date 04/14/99] 4/12/99 486 Reply 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) [Entry date 04/13/99] 4/12/99 487 Declaration 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) [Entry date 04/13/99] 4/13/99 484 Motion by Caldera for leave to file under seal, Caldera's reply memo in support of it's mot/compel prod of improperly withheld docs (hom) [Entry date 04/13/99] 4/13/99 485 Order 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 (hom) [Entry date 04/13/99] 4/13/99 488 Reply by Caldera to response to [443-1] motion to compel production of improperly withheld docs (ce) [Entry date 04/13/99] 4/13/99 489 Declaration 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) [Entry date 04/13/99] 4/15/99 491 Motion 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 (hom) [Entry date 04/15/99] 4/21/99 492 Motion by Microsoft for order that certain exhibits and information be filed under seal re: info contained in memo filed by pla Caldera (hom) [Entry date 04/22/99] [Edit date 04/22/99] 4/21/99 493 Motion 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 (hom) [Entry date 04/22/99] 4/21/99 494 Memorandum 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 (hom) [Entry date 04/22/99] 4/21/99 495 Memorandum 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 (hom) [Entry date 04/22/99] 4/27/99 496 Order 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 (hom) [Entry date 04/28/99] 4/28/99 497 Notice 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 (hom) [Entry date 04/28/99] 4/28/99 498 Addendum/Corrections to [497-1] file notice re: consolidated stmt of facts filed by Caldera . (hom) [Entry date 04/29/99] 4/28/99 499 Notice 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 (hom) [Entry date 04/29/99] 4/29/99 -- 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) [Entry date 04/29/99] 4/29/99 500 Motion by Caldera for leave to file publicly file mem/opp to dft's mot/part sum jgm on pla's technolgical tying claim (hom) [Entry date 04/30/99] 4/29/99 501 Memorandum by Caldera in opposition to [380-1] motion for partial summary judgment re: pla's "technological tying" claim (hom) [Entry date 04/30/99] 4/29/99 502 Declaration 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. (hom) [Entry date 04/30/99] [Edit date 01/23/03] 5/3/99 503 Memorandum by Caldera in opposition to [387-1] motion for partial summary judgment on pla's product disparagement claims (hom) [Entry date 05/04/99] 5/3/99 504 Memorandum by Caldera in opposition to [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices (redacted version) (hom) [Entry date 05/04/99] 5/3/99 505 Memorandum by Caldera in opposition to [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims (hom) [Entry date 05/04/99] 5/3/99 506 Order 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 (hom) [Entry date 05/04/99] 5/3/99 507 Memorandum 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 (hom) [Entry date 05/04/99] 5/3/99 509 Memorandum 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 (hom) [Entry date 05/04/99] 5/4/99 508 Second 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 (hom) [Entry date 05/04/99] 5/4/99 510 Notice 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 (hom) [Entry date 05/05/99] 5/5/99 511 Third 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 (hom) [Entry date 05/06/99] 5/5/99 512 Memorandum 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 (hom) [Entry date 05/06/99] 5/5/99 513 Motion by Microsoft for leave to file overlength memo in resp & objecting to Caldera's Consolidated Stmt of Facts (hom) [Entry date 05/06/99] 5/5/99 514 Response 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. (hom) [Entry date 05/06/99] [Edit date 01/23/03] 5/5/99 514 Objections (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. (hom) [Entry date 05/06/99] [Edit date 01/23/03] 5/5/99 515 Unsealed 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. (hom) [Entry date 05/06/99] [Edit date 01/23/03] 5/5/99 515 Unsealed 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. (hom) [Entry date 05/06/99] [Edit date 01/24/03] 5/6/99 516 Reply by Microsoft to response to [387-1] motion for partial summary judgment on pla's product disparagement claims (hom) [Entry date 05/06/99] 5/6/99 516 Objections by Microsoft to the declaration of Evan Ivie (hom) [Entry date 05/06/99] 5/6/99 517 Motion 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 (hom) [Entry date 05/06/99] 5/6/99 518 Motion by Microsoft for leave to file overlength rply memo re: dft's mot/part sum jgm on Product Preannouncement Claims (hom) [Entry date 05/06/99] 5/6/99 519 Reply by Microsoft to response to [374-1] motion for partial summary judgment re: pla's "product preannouncement" claims (hom) [Entry date 05/06/99] 5/6/99 520 Certificate of service by Caldera re: suppl resp to Microsoft's interrogs (hom) [Entry date 05/06/99] 5/7/99 521 Exhibits - 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. (hom) [Entry date 05/10/99] [Edit date 01/23/03] 5/7/99 522 Exhibits 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. (hom) [Entry date 05/10/99] [Edit date 01/23/03] 5/7/99 523 Exhibits 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. (hom) [Entry date 05/10/99] [Edit date 01/23/03] 5/10/99 524 Motion by Microsoft for leave to file overlength reply memo in support of their mot/partial sum jgm on pla's licensing practices claims (hom) [Entry date 05/11/99] 5/10/99 525 Reply by Microsoft to response to [385-1] motion for partial summary judgment on claims re: Microsoft's licensing practices (hom) [Entry date 05/11/99] 5/11/99 526 Amended [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 (hom) [Entry date 05/13/99] 5/11/99 527 Amended [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 (hom) [Entry date 05/13/99] 5/11/99 528 Amended [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 (hom) [Entry date 05/13/99] 5/11/99 529 Amended [378-1] motion for partial summary judgment re: alleged intentional incompatibilities amd mot/for partial summary judgment re: alleged intentional incompatibilities by Microsoft (hom) [Entry date 05/13/99] 5/11/99 530 Amended [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 (hom) [Entry date 05/13/99] 5/11/99 531 Certificate 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 (hom) [Entry date 05/13/99] 5/17/99 541 Suppl Pleading/Memorandum by Bristol Tech in support of [405-1] motion for permissive intervention to modify protective order by Bristol Tech (hom) [Entry date 05/20/99] 5/17/99 541 Request for further hrg filed by Bristol Tech re: [405-1] motion for permissive intervention to modify protective order by Bristol Tech (hom) [Entry date 05/20/99] 5/18/99 532 Minute 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) [Entry date 05/19/99] 5/18/99 533 Order 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 (hom) [Entry date 05/20/99] 5/18/99 534 Order 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 (hom) [Entry date 05/20/99] 5/18/99 535 Order 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 (hom) [Entry date 05/20/99] 5/18/99 536 Order 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 (hom) [Entry date 05/20/99] 5/19/99 -- 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 (hom) [Entry date 05/19/99] 5/19/99 537 Motion by Microsoft for leave to file overlength reply memo re: Microsoft's mot/part sum jgm on Caldera's claim of perceived incompatibilities (hom) [Entry date 05/20/99] 5/19/99 538 Reply 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 (hom) [Entry date 05/20/99] 5/19/99 538 Objections by Microsoft to suppl declaration of Lee Hollaar (hom) [Entry date 05/20/99] 5/19/99 539 Motion 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 (hom) [Entry date 05/20/99] 5/19/99 540 Reply 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" (hom) [Entry date 05/20/99] 5/20/99 542 AMENDED 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. (hom) [Entry date 05/21/99] 5/20/99 543 Motion by Microsoft for leave to file overlength reply mem re: mot/part sum jgm on pla's state law claim of tortious interference (hom) [Entry date 05/21/99] 5/20/99 544 Reply by Microsoft to response to [372-1] motion for partial summary judgment re: pla's state claim of tortious interference (hom) [Entry date 05/21/99] 5/20/99 549 Minute 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) [Entry date 05/26/99] 5/21/99 -- 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 (hom) [Entry date 05/21/99] 5/21/99 -- 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 (hom) [Entry date 05/21/99] 5/21/99 -- 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 (hom) [Entry date 05/21/99] 5/21/99 -- Motion hearing re: [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims at 1:30 6/10/99 (hom) [Entry date 05/21/99] 5/21/99 -- 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 (hom) [Entry date 05/21/99] 5/21/99 -- 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 (hom) [Entry date 05/21/99] 5/21/99 -- 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 (hom) [Entry date 05/21/99] 5/21/99 545 Motion by Microsoft for leave to file overlength rply memo re: Caldera's "predisclosure" claim (hom) [Entry date 05/24/99] 5/21/99 546 Motion by Microsoft for leave to file overlength reply memo re: pla's European & Japanese Claims (hom) [Entry date 05/24/99] 5/21/99 547 Reply by Microsoft to response to [526-1] amd mot/for partial summary judgment re: pla's predisclosure claim (hom) [Entry date 05/24/99] 5/21/99 548 Reply by Microsoft to response to [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims (hom) [Entry date 05/24/99] 5/25/99 554 Minute 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) [Entry date 06/01/99] [Edit date 06/01/99] 5/26/99 550 Order 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 (hom) [Entry date 05/27/99] 5/26/99 551 Order 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 (hom) [Entry date 05/27/99] 5/26/99 552 Order 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 (hom) [Entry date 05/27/99] 5/26/99 553 Order 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 (hom) [Entry date 05/27/99] 5/27/99 555 Minute 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) [Entry date 06/01/99] 5/28/99 556 Suppl 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 (hom) [Entry date 06/01/99] 6/3/99 557 Order 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 (hom) [Entry date 06/03/99] 6/3/99 558 Motion by Microsoft for leave to file overlength reply memo re: Caldera's Technological Tying Claim (hom) [Entry date 06/04/99] 6/3/99 559 Reply 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 (hom) [Entry date 06/04/99] 6/4/99 -- 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 (hom) [Entry date 06/07/99] 6/4/99 -- 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 (hom) [Entry date 06/07/99] 6/8/99 561 Minute 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) [Entry date 06/09/99] 6/9/99 560 Magistrate 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 (hom) [Entry date 06/09/99] 6/9/99 562 Motion by Microsoft in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony (hom) [Entry date 06/10/99] 6/9/99 563 Memorandum by Microsoft in support of [562-1] motion in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony (hom) [Entry date 06/10/99] 6/10/99 565 Order 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 (ksj) [Entry date 06/15/99] 6/14/99 564 Minute 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) [Entry date 06/14/99] 6/14/99 566 SECOND 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 (ksj) [Entry date 06/15/99] 6/18/99 567 Surreply Brief by Caldera IN OPPOSITION re: [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims (hom) [Entry date 06/21/99] 6/24/99 568 Memorandum by Caldera in opposition to [562-1] motion in limine to exclude pla's new alleged intentional incompatibilities and new expert testimony (hom) [Entry date 06/25/99] 6/24/99 569 Declaration 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 (hom) [Entry date 06/25/99] 6/28/99 570 Memorandum 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 (hom) [Entry date 06/29/99] 6/29/99 571 Sur-Reply brief filed by Microsoft in further support of [383-1] motion for partial summary judgment re: Pla's European and Japanese Claims (ce) [Entry date 06/30/99] 6/29/99 574 Minute 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) [Entry date 07/07/99] 7/1/99 572 Reply 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. (kam) [Entry date 07/02/99] [Edit date 01/23/03] 7/1/99 573 Motion 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 (hom) [Entry date 07/06/99] 7/6/99 575 Minute 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) [Entry date 07/07/99] 7/7/99 576 Minute 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) [Entry date 07/09/99] 7/29/99 577 Order 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 (hom) [Entry date 07/30/99] 7/29/99 578 Order 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 (hom) [Entry date 07/30/99] 8/3/99 579 Suppl 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. (hom) [Entry date 08/04/99] [Edit date 01/23/03] 8/4/99 580 Suppl Memorandum by Caldera in opposition to [372-1] motion for partial summary judgment re: pla's state claim of tortious interference (redacted version) (hom) [Entry date 08/05/99] 8/13/99 581 Order 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 (hom) [Entry date 08/18/99] 8/16/99 -- Transcript of Proceedings for date(s) of 3/23/99. Court Reporter: Dawn E. Brunner-Hahn (ksj) [Entry date 08/17/99] 8/16/99 -- Transcript of Proceedings for date(s) of 4/5/99. Court Reporter: Karen Murakami (ksj) [Entry date 08/17/99] 8/16/99 -- Transcript of Proceedings for date(s) of 3/15/99. Court Reporter: Karen Murakami (ksj) [Entry date 08/17/99] 8/17/99 582 Stipulation 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 (hom) [Entry date 08/18/99] 8/19/99 583 Order 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 (hom) [Entry date 08/23/99] 9/1/99 584 Response by Microsoft to Caldera's Suppl Memo re: [372-1] motion for partial summary judgment re: pla's state claim of tortious interference (hom) [Entry date 09/02/99] 9/1/99 585 Reply 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 (hom) [Entry date 09/02/99] 9/1/99 586 Motion 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 (hom) [Entry date 09/02/99] 9/14/99 587 Order 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 (hom) [Entry date 09/15/99] 9/23/99 588 Notice 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) (hom) [Entry date 09/24/99] 9/27/99 589 Order 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 (hom) [Entry date 09/28/99] 10/4/99 590 Motion 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 (hom) [Entry date 10/05/99] 10/4/99 591 Memorandum 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 (hom) [Entry date 10/05/99] 10/4/99 592 Declaration 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 (hom) [Entry date 10/05/99] 10/4/99 593 Declaration 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 (hom) [Entry date 10/05/99] 10/4/99 594 Declaration 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 (hom) [Entry date 10/05/99] 10/8/99 595 Magistrate 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) (hom) [Entry date 10/08/99] 10/20/99 596 Memorandum 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 (hom) [Entry date 10/21/99] 10/22/99 597 AMD 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) (hom) [Entry date 10/25/99] 11/3/99 598 Memorandum 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 (hom) [Entry date 11/04/99] 11/4/99 599 Reply 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 (hom) [Entry date 11/04/99] 11/10/99 600 Minute 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) [Entry date 11/10/99] 11/15/99 601 Renewal of Motion by San Jose Mercury to unseal parts of court file (hom) [Entry date 11/16/99] 11/15/99 602 Memorandum by San Jose Mercury in support of [601-1] renewed motion to unseal parts of court file (hom) [Entry date 11/16/99] 11/15/99 603 Motion 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 (hom) [Entry date 11/16/99] 11/16/99 604 Motion by Microsoft for leave to file overlength mem/sup re: mot/in lim to exclude expert testimony of Wm Barnett (hom) [Entry date 11/17/99] 11/16/99 605 Motion by Microsoft in limine to exclude the expert testimony of William P. Barnett (hom) [Entry date 11/17/99] 11/16/99 606 Memorandum 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. (hom) [Entry date 11/17/99] [Edit date 01/23/03] 11/16/99 607 Motion by Microsoft in limine to exclude hearsay evid of stmts by orig equip manufacturers (hom) [Entry date 11/17/99] 11/16/99 608 Memorandum 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. (hom) [Entry date 11/17/99] [Edit date 01/23/03] 11/17/99 609 Motion by Microsoft in limine to exclude reference to gov antitrust actions & settlements (asb) [Entry date 11/18/99] 11/17/99 610 Memorandum by Microsoft in support of [609-1] motion in limine to exclude reference to gov antitrust actions & settlements (asb) [Entry date 11/18/99] 11/19/99 611 Order 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) [Entry date 11/22/99] 12/2/99 612 Order 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 (hom) [Entry date 12/03/99] 12/3/99 613 Motion by Microsoft in limine to exclude reference to the findings of fact entered in US v. Microsoft (hom) [Entry date 12/06/99] 12/3/99 614 Memorandum by Microsoft in support of [613-1] motion in limine to exclude reference to the findings of fact entered in US v. Microsoft (hom) [Entry date 12/06/99] 12/3/99 615 Motion by Microsoft to stay briefing, and for Hearing of renewed motion to unseal parts of court file (hom) [Entry date 12/06/99] 12/3/99 616 Memorandum 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 (hom) [Entry date 12/06/99] 12/7/99 617 Minute 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) [Entry date 12/07/99] 12/7/99 618 Motion by Microsoft in limine to preclude inadmissible testimony of Phil Barrett (hom) [Entry date 12/08/99] 12/7/99 619 Memorandum by Microsoft in support of [618-1] motion in limine to preclude inadmissible testimony of Phil Barrett (hom) [Entry date 12/08/99] 12/7/99 620 Motion by Microsoft in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger (hom) [Entry date 12/08/99] 12/7/99 621 Motion 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 (hom) [Entry date 12/08/99] 12/7/99 622 Memorandum by Microsoft in support of [620-1] motion in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger (hom) [Entry date 12/08/99] 12/7/99 623 Trial Exhibit list, attachment 2 to the Pretrial Order by Microsoft (hom) [Entry date 12/08/99] 12/9/99 624 Order 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 (hom) [Entry date 12/10/99] 12/13/99 625 Magistrate 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) (hom) [Entry date 12/13/99] 12/13/99 626 Memorandum 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) [Entry date 12/13/99] 12/14/99 627 Motion by Microsoft in limine to exclude newly disclosed testimony of Dr. Jeffrey J. Leitzinger and Dr. William E. Wecker (cjh) [Entry date 12/14/99] 12/14/99 628 Memorandum 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 (cjh) [Entry date 12/14/99] 12/14/99 629 Motion by Microsoft to expedite/shorten briefing period and for an expedited hearing on dft's motion in limine doc #627 (cjh) [Entry date 12/14/99] 12/14/99 630 Memorandum 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 (cjh) [Entry date 12/14/99] 12/14/99 631 Motion by Microsoft to strike Messrs. Kim, Herrick & Yarro (3 witnesses) from Caldera's trial witness list (kam) [Entry date 12/15/99] 12/14/99 632 Memorandum by Microsoft in support of [631-1] motion to strike Messrs. Kim, Herrick & Yarro (3 witnesses) from Caldera's trial witness list (kam) [Entry date 12/15/99] 12/16/99 633 Memorandum by Caldera in opposition to [605-1] motion in limine to exclude the expert testimony of William P. Barnett (hom) [Entry date 12/17/99] [Edit date 12/17/99] 12/16/99 634 Order 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) [Entry date 12/21/99] 12/20/99 635 Memorandum 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) [Entry date 12/21/99] 12/20/99 636 Motion by Caldera for leave to file overlength mem/opp re: dft's mot/in lime to exclude expert testimony of Wm. Barnett (hom) [Entry date 12/21/99] 12/20/99 637 Order 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 (hom) [Entry date 12/21/99] 12/20/99 638 Response by Caldera in opposition to [607-1] motion in limine to exclude hearsay evid of stmts by orig equip manufacturers (hom) [Entry date 12/21/99] 12/21/99 639 Reply 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 (cjh) [Entry date 12/21/99] 12/21/99 640 Reply by Microsoft to response to [607-1] motion in limine to exclude hearsay evid of stmts by orig equip manufacturers (hom) [Entry date 12/21/99] 12/21/99 641 Reply by Microsoft to response to [605-1] motion in limine to exclude the expert testimony of William P. Barnett (hom) [Entry date 12/21/99] 12/30/99 642 Reply 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 (hom) [Entry date 01/03/00] 12/30/99 643 Motion by Microsoft in limine to exclude newspaper & magazine articles (hom) [Entry date 01/03/00] 12/30/99 644 Memorandum by Microsoft in support of [643-1] motion in limine to exclude newspaper & magazine articles (hom) [Entry date 01/03/00] 12/30/99 645 Motion 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 (hom) [Entry date 01/03/00] 12/30/99 646 Memorandum 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 (hom) [Entry date 01/03/00] 12/30/99 647 Motion 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 (hom) [Entry date 01/03/00] 12/30/99 648 Memorandum 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 (hom) [Entry date 01/03/00] 1/3/00 649 Memorandum by Caldera in opposition to [618-1] motion in limine to preclude inadmissible testimony of Phil Barrett (hom) [Entry date 01/04/00] 1/3/00 650 Memorandum by Caldera in opposition to [620-1] motion in limine to exclude non-expert testimony of Dr. Jeffrey J. Leitzinger (hom) [Entry date 01/04/00] 1/3/00 651 Memorandum by Caldera in opposition to [609-1] motion in limine to exclude reference to gov antitrust actions & settlements (hom) [Entry date 01/04/00] 1/3/00 652 Declaration 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 (hom) [Entry date 01/04/00] 1/6/00 661 Minute 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) [Entry date 01/10/00] 1/7/00 653 Motion by Microsoft in limine to exclude pla's proposed trial exh 939 (hom) [Entry date 01/10/00] 1/7/00 654 Memorandum by Microsoft in support of [653-1] motion in limine to exclude pla's proposed trial exh 939 (hom) [Entry date 01/10/00] 1/7/00 655 Motion by Microsoft in limine to exclude pla's trial exhibit 510 (hom) [Entry date 01/10/00] 1/7/00 656 Memorandum by Microsoft in support of [655-1] motion in limine to exclude pla's trial exhibit 510 (hom) [Entry date 01/10/00] 1/7/00 657 Motion by Microsoft in limine to exclude evidence of alleged misconduct by Microsoft directed against companies other than Caldera or its predecessors (hom) [Entry date 01/10/00] 1/7/00 658 Memorandum 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 (hom) [Entry date 01/10/00] 1/7/00 659 Motion by Microsoft in limine to preclude references to Microsoft's alleged "monopoly" (hom) [Entry date 01/10/00] 1/7/00 660 Memorandum by Microsoft in support of [659-1] motion in limine to preclude references to Microsoft's alleged "monopoly" (hom) [Entry date 01/10/00] 1/10/00 -- Transcript of Proceedings for date(s) of 2/18/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) [Entry date 01/10/00] 1/10/00 -- Transcript of Proceedings for date(s) of 5/25/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) [Entry date 01/10/00] 1/10/00 -- Transcript of Proceedings for date(s) of 5/27/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) [Entry date 01/10/00] 1/10/00 -- Transcript of Proceedings for date(s) of 6/8/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) [Entry date 01/10/00] 1/10/00 -- Transcript of Proceedings for date(s) of 6/10/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) [Entry date 01/10/00] 1/10/00 -- Transcript of Proceedings for date(s) of 6/29/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) [Entry date 01/10/00] 1/10/00 -- Transcript of Proceedings for date(s) of 7/6/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) [Entry date 01/10/00] 1/10/00 -- Transcript of Proceedings for date(s) of 7/7/99 Motion Hearing. Court Reporter: Ed Young, 328-3202 (asb) [Entry date 01/10/00] 1/10/00 -- Transcript of Proceedings for date(s) of 12/7/99 Final Pretrial Conference. Court Reporter: Ed Young, 328-3202 (asb) [Entry date 01/10/00] 1/10/00 -- Transcript of Proceedings for date(s) of 12/22/99 Motions in Limine. Court Reporter: Ed Young, 328-3202 (asb) [Entry date 01/10/00] 1/10/00 662 Stipulation 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 (hom) [Entry date 01/11/00] 1/10/00 663 Order 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 (hom) [Entry date 01/11/00] 1/11/00 -- CASE NO LONGER REFERRED TO Judge Ronald N. Boyce (hom) [Entry date 01/11/00] 1/11/00 -- Case closed per Order #663 (hom) [Entry date 01/11/00] 1/13/00 -- 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 (hom) [Entry date 01/14/00] 1/18/00 664 Order, 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 (hom) [Entry date 01/19/00] 1/25/00 665 Order 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 (hom) [Entry date 01/26/00] 2/2/00 666 Stipulation 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 (hom) [Entry date 02/03/00] 2/2/00 667 Order 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 (hom) [Entry date 02/03/00] 2/3/00 668 Receipt by movant Novell Inc re: sealed Doc #268 picked up by John P. Mullen, cnsl for Novell, purs to Order #667 (hom) [Entry date 02/04/00] 2/7/00 669 AMENDED 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 (hom) [Entry date 02/07/00] 2/9/00 670 Ntc 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. (hom) [Entry date 02/09/00] 3/15/00 -- Transcript of Proceedings for date(s) of 11/10/99 re: Motion Hearing held before RNB. Court Reporter: Karen Murakami (slh) [Entry date 03/16/00] 5/30/00 671 Stipulation by Microsoft, Caldera for preservation of docs under the protective order (hom) [Entry date 05/31/00] 5/30/00 671 Order granting [671-1] stipulation motion for preservation of docs under the protective order signed by Chief Judge Dee Benson , 5/30/00 cc:atty (hom) [Entry date 05/31/00] 10/18/02 672 Motion by Caldera to amend/modify [671-1] stipulated motion for preservation of docs under the protective order (ce) [Entry date 10/21/02] [Edit date 10/25/02] 10/18/02 673 Memorandum by Caldera in support of [672-1] motion to amend/modify [671-1] stipulated motion for preservation of docs under the protective order (ce) [Entry date 10/21/02] 10/24/02 674 Order 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) [Entry date 10/25/02] 11/13/02 675 Notice of attorney appearance for Sun Microsystems by John P. Mullen (asp) [Entry date 11/14/02] 11/13/02 676 Motion by Sun Microsystems to intervene by Sun Microsystems, to amend [671-1] order (asp) [Entry date 11/14/02] 11/13/02 677 Memorandum by Sun Microsystems in support of [676-1] motion to intervene by Sun Microsystems, [676-2] motion to amend [671-1] order (asp) [Entry date 11/14/02] 11/13/02 678 Declaration 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) [Entry date 11/14/02] [Edit date 01/23/03] 11/14/02 679 Motion 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) [Entry date 11/15/02] 11/14/02 680 Certificate 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) [Entry date 11/15/02] 12/2/02 681 Response by Caldera to [676-1] motion to intervene by Sun Microsystems, [676-2] motion to amend [671-1] order (asp) [Entry date 12/03/02] 12/3/02 682 Response by Microsoft to [676-1] motion to intervene by Sun Microsystems, [676-2] motion to amend [671-1] order (asp) [Entry date 12/03/02] 12/16/02 683 Motion by Sun Microsystems to extend time until 1/6/03 to file a reply in supp of its motion to intervene (asp) [Entry date 12/17/02] 12/16/02 684 Memorandum 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) [Entry date 12/17/02] 12/16/02 685 Declaration 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) [Entry date 12/17/02] 1/10/03 686 Stipulation by Microsoft, Caldera, Sun Microsystems stip to amend [674-1] order permitting destruction of docs by Canopy Grp (alt) [Entry date 01/10/03] 1/10/03 686 Order 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) [Entry date 01/10/03] 1/22/03 -- 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 (su) [Entry date 01/22/03] [Edit date 01/22/03]