Opinion
Civil No. 2:03CV0294 DAK.
June 15, 2004
SNELL WILMER L.L.P., Alan L. Sullivan, Todd M. Shaughnessy, CRAVATH, SWAINE MOORE, Evan R. Chesler, David R. Marriott, Counsel for Defendant International Business Machines Corporation.
HATCH, JAMES DODGE, P.C., Brent O. Hatch, Mark F. James, Counsel for Plaintiff.
ORDER DENYING SCO'S MOTION FOR PROTECTIVE ORDER
Plaintiff and Counterclaim Defendant The SCO Group, Inc.'s ("SCO's") Expedited Motion for Protective Order came before the Court for a telephonic hearing on June 7, 2004. SCO was represented by Brent Hatch. Defendant Counterclaim Plaintiff International Business Machines Corporation ("IBM") was represented by Todd Shaughnessy.
The Court, being fully advised, hereby concludes as follows: (i) SCO's attempt to postpone depositions scheduled for the week of June 7, 2004 was undertaken too late; (ii) granting SCO's motion would cause undue inconvenience to the third party witnesses and other participants in the depositions, and (iii) to the extent SCO's motion is premised on its need to have the same attorney appear both at the deposition of David Frasure and at the hearing scheduled for June 8, 2004, before the Honorable Dale A. Kimball, Judge Kimball is willing to reschedule that hearing to accommodate SCO's counsel.
Based on the foregoing, and for good cause shown, IT IS HEREBY ORDERED that SCO's Expedited Motion for Protective Order be and hereby is denied.