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Web page 2 On April 10, Novell also submitted its Movement for a far more Definite Statement of SCO's UnfairCompetition Explanation for Action, arguing that SCO have to detect the particular unfair competitionlaws that Novell has allegedly violated. In its opposition submitted on May 26, SCO argued that itsunfair Opposition assert meets the pleading necessities in the Federal Guidelines, which also donot require that SCO specify statutory provisions or progress a legal idea for its claim. On April ten, Novell also filed a Movement to Stay Statements Increasing Problems Topic toArbitration. Novell argued that SCO's promises are arbitrable pursuant to sure 2002UnitedLinux contracts amongst SCO, SuSE (a completely owned subsidiary of Novell given that 2004),along with other Linux distributors. In its opposition filed on Might 26, SCO argued that Novell hadwaived any appropriate to your stay due to the fact (between other issues) it had two times moved to dismiss SCO'soriginal declare, received Practically all discovery from SCO within the promises and defenses at concern,expanded the scope of the case by introducing seven counterclaims, and answered SCO's SecondAmended Complaint. SCO also argued that its promises usually are not arbitrable and that, in almost any function,the Court docket should really deny the movement because even the allegedly arbitrable difficulties could precludeonly a small portion of many of SCO's statements. Novell filed its reply memorandum on June 19,and the Court has scheduled a hearing for July 17. On April ten, 2006, SuSE filed a Ask for for Arbitration Using the Intercontinental Chamberof Commerce International Court docket of Arbitration in Paris. On June 27, 2006, SCO submitted itsAnswer to that Request. Respectfully, /s/ Leslie A. Polizoti Leslie A. Polizoti (4299)cc: Peter T. Dalleo, Clerk (By Hand)
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