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Microsoft spars on dates
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September 20, 2001: 12:58 p.m. ET
Justice Department seeks February hearing; Microsoft says too early
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NEW YORK (CNNfn) - Meeting a twice delayed deadline because of last week's terrorist attacks, Microsoft and federal prosecutors Thursday filed a joint status report to the new judge in the case, Colleen Kollar-Kotelly.
In the 40-page report filed with the U.S. District Court judge, the two sides agreed on some procedural matters, but differed on how quickly the case should be scheduled.
Microsoft is proposing a series of alternative procedures which could stretch the remedy portion of the antitrust trial well into 2002. It says many so-called "conduct" provisions in the prior judgment by U.S. District Court Judge Thomas Penfield Jackson are improper because they are outside the scope of the issues in the case.
The government says the company's business practices have not changed since it was found to have illegally maintained its operating system monopoly. Both sides want more discovery of additional evidence. But the government foresees a remedy hearing no later than February 4 with each side limited to 40 hours of testimony, 10 witnesses, and four more hours for opening and closing arguments.
There has been widespread suspicion that Microsoft has been trying to delay resolution of the landmark case to get Windows XP into the marketplace before any actions in the case can be taken.
But the company says in today's filing, "Microsoft wishes to bring this case to a prompt conclusion, but fundamental principles of due process should not be sacrificed for the sake of dispatch."
Judge Kollar-Kotelly has ordered the parties to appear in her court a week from tomorrow to consider how to proceed.
Shares of Microsoft (MSFT: down $2.57 to $51.30, Research, Estimates) fell in Nasdaq trade Thursday amid a broader decline among stocks in the technology sector. 
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