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TO COMPELCivil No. 2:03CV0294 DAKHonorable Dale A. KimballMagistrate Decide Brooke Wells___________________________________Plaintiff, The SCO Group, Inc. IBM HAS FAILED To make DISCOVERYOn June 24, 2003, SCO propounded its To start with Requests for Production of Files and Initially List of Interrogatories to IBM (collectively, the "SCO Discovery"). These requests sought The fundamental components of discovery, like the identification of prospective witnesses, essential agreements, resource code and relevant correspondence.
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Id. Only following the courtroom solved the "threshold concern" of decision of legislation did it conclude that a more definite statement of the claim was essential. Id. at 1008. Similar to the plaintiff in Dethmers, SCO pleaded a assert of unfair Level of competition below applicable condition law. SCO is willing to handle the issue of alternative of law at a far more acceptable time, 2 and understands that after the "threshold question" of choice of regulation is settled, it might need to amend its unfair Competitiveness assert.
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