UNITED STATES OF AMERICA,                                                         Plaintiff,                            v. MICROSOFT CORPORATION,                                       Defendant.

| | | | | | | | | | | |

Civil Action No. 98-1232 (CKK) Next Court Deadline: None

PLAINTIFF'S UNOPPOSED MOTION TO MODIFY
THE BRIEFING SCHEDULE ON THE JOINT MOTION OF CCIA
AND SIIA FOR LEAVE TO INTERVENE FOR PURPOSES OF APPEAL

Plaintiff, the United States, hereby moves to modify the briefing schedule relating to the Joint Motion of CCIA and SIIA (collectively "Joint Movants") for Leave to Intervene for Purposes of Appeal, which was filed on December 20, 2002. Under the proposed modified briefing schedule:

1. Plaintiff and Microsoft will file their respective oppositions to the Joint Motion, if any, no later than 12:00 noon on January 6, 2003 (rather than on December 31, 2002); and

2. Joint Movants' reply will be filed on January 8, 2003 (the same date that it would have been due absent the proposed modification).

Counsel for Plaintiff discussed this proposal with counsel for Joint Movants on December 20, 2002, and with counsel for Microsoft on December 23, 2002, and was informed that neither Joint Movants nor Microsoft opposes the modified briefing schedule proposed by Plaintiff. Counsel for Plaintiff and counsel for Joint Movants jointly notified the Court of the proposed modification to the briefing schedule by telephone conference with Judge Kollar-Kotelly's law clerk on December 20, 2002, and Plaintiff files this motion pursuant to the Court's instructions.

Dated: December 23, 2002

Respectfully submitted,

__________________________ PHILLIP R. MALONE RENATA B. HESSE PAULA L. BLIZZARD PATRICIA A. BRINK JOAN V. FARRAGHER JEFFREY D. NEGRETTE BARBARA J. NELSON JEFFREY J. VANHOOREWEGHE Trial Attorneys U.S. Department of Justice Antitrust Division 600 E Street, N.W. Suite 9500 Washington, D.C. 20530 202/514-8276