105V6V
THE SCO GROUP, INC., Plaintiff/Counterclaim-Defendant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant/Counterclaim-Plaintiff.
1:06MC00046
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
2006 U.S. Dist. LEXIS 35661
May 31, 2006, Decided
COUNSEL: [*1] For THE SCO GROUP, INC., COUNTERCLAIM-DEFENDANT, Plaintiff: HEATHER HOWELL WRIGHT, ROBERT R. MARCUS, SMITH MOORE, L.L.P., GREENSBORO, NC; EDWARD NORMAND, BOIES, SCHILLER & FLEXNER LLP, ARMONK, NY US.
For INTERNATIONAL BUSINESS MACHINES CORPORATION, COUNTERCLAIM-PLAINTIFF, Defendant: MICHAEL T. MEDFORD, MANNING FULTON & SKINNER, RALEIGH, NC; DAVID MARRIOTT, CRAVATH, SWAINE & MOORE LLP, NEW YORK, NY US; TODD SHAUGHNESSY, SNELL & WILMER LLP, SALT LAKE CITY, UT US.
For Otis L. Wilson, Deponent: MICHAEL T. MEDFORD, MANNING FULTON & SKINNER, RALEIGH, NC.
JUDGES: P. Trevor Sharp, United States Magistrate Judge.
OPINION BY: P. Trevor Sharp
OPINION:
ORDER ENFORCING SUBPOENA
Before the Court is the motion of SCO to enforce its subpoena served upon non-party Otis Wilson. (Pleading No. 1.) The Court has considered the briefs of the parties and the oral argument of counsel given on May 30, 2006. For reasons announced in open court, the Court GRANTS the motion and directs that Mr. Wilson appear for deposition in accordance with the subpoena. n1 The only limitation imposed upon the deposition is that SCO may depose Mr. Wilson for no greater length of time than 4 hours. The Court finds that [*2] SCO has shown good cause for the re-deposition of Mr. Wilson in that SCO, although it was proceeding diligently with discovery, had inadequate information to proceed in a complete fashion at the time of the first deposition of Mr. Wilson in this action, which was noticed by IBM.
n1 Mr. Wilson's motion for leave to file a declaration, Pleading No. 10, is GRANTED.
Mr. Wilson's motion to quash subpoena and for protective order (Pleading No. 5) is hereby DENIED.
IT IS SO ORDERED.
/s/ P. Trevor Sharp
United States Magistrate Judge
Date: May 31, 2006
