Case 1:06-mc-00046-PTS          Document 15      Filed 05/31/2006    Page 1 of 2



                     IN THE UNITED STATES DISTRICT COURT
                 FOR THE MIDDLE DISTRICT OF NORTH CAROLINA



THE SCO GROUP, INC.,                                )
                                                    )
        Plaintiff/Counterclaim-Defendant,           )
                                                    )
        v.                                          )            1:06MC00046
                                                    )
INTERNATIONAL BUSINESS                              )
MACHINES CORPORATION,                               )
                                                    )
        Defendant/Counterclaim-Plaintiff.           )


                             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.1 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 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.


        1
            Mr. Wilson's motion for leave to file a declaration, Pleading No. 10, is GRANTED.
      Case 1:06-mc-00046-PTS        Document 15     Filed 05/31/2006       Page 2 of 2



      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




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