SCO's Objections

Message ID: 390654
Posted By: coredump11
Posted On: 2006-07-13 21:30:00
Subject: SCO's Objections

Woo hoo! Hopefully it'll be scanned tomorrow.

07/13/2006 721 NOTICE OF CONVENTIONAL FILING of SCO's Objections to Order Granting In Part IBM's Motion to Limit SCO's Claims filed by Plaintiff SCO Group (Hatch, Brent) (Entered: 07/13/2006)
07/13/2006 722 NOTICE OF CONVENTIONAL FILING of Declaration of Mark F. James filed by Plaintiff SCO Group (Hatch, Brent) (Entered: 07/13/2006)
07/13/2006 723 Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages Objections to Order Granting In Part IBM's Motion to Limit SCO's Claims filed by Plaintiff SCO Group. (Attachments: # 1 Text of Proposed Order)(Hatch, Brent) (Entered: 07/13/2006)

Message ID: 390657
Posted By: coredump11
Posted On: 2006-07-13 21:41:00
Subject: Re: SCO's Objections

53 pages of objections to a 39-page order...

Plaintiff/Counterclaim-Defendant The SCO Group (“SCO”) hereby moves the Court pursuant to District Court Rule 7-1(e) for an Order granting it leave to file its Objections to Order Granting In Part IBM’s Motion to Limit SCO’s Claims (the “Objections”) that consists of 53 pages, exclusive of face sheet, table of contents and authorities, appendixes and exhibits.

SCO’s Motion is made upon the grounds that the Objections of the indicated length is necessary given the complex nature of the issues raised by Judge Wells’ Order to which the Objections are raised.

SCO has endeavored to be as concise as possible, but respectfully submits that the excess length is necessary to fully and fairly address the issues being placed before the Court.

SCO respectfully requests that it be allowed to file its Objections containing 53 pages, exclusive of face sheet, table of contents and authorities, appendixes and exhibits.

DATED this the 13th day of July, 2006.

Message ID: 390663
Posted By: arthur_ski
Posted On: 2006-07-13 21:51:00
Subject: On Tuxrocks

Thanks, Frank!
http://sco.tuxrocks.com/Docs/IBM/IBM-721.pdf
http://sco.tuxrocks.com/Docs/IBM/IBM-722.pdf
http://sco.tuxrocks.com/Docs/IBM/IBM-723-A.pdf
http://sco.tuxrocks.com/Docs/IBM/IBM-723.pdf

Message ID: 390674
Posted By: coredump11
Posted On: 2006-07-13 22:20:00
Subject: Re: SCO's Objections

According to 721 and 722, the Objections and the declaration of Mark F. James are both sealed documents. So I think it's safe to say we won't see them on caldera.com or anywhere else unless SCO also files a redacted version.

Message ID: 390869
Posted By: karl_w_lewis
Posted On: 2006-07-14 11:06:00
Subject: IANAL

I am not a lawyer, and you know that, so ther eis no point, whatsoever, in reading further.

The fact that Caldera's Objections to Well's Order has been filed under seal is already prima facia evidence that Kimball won't even break stride in shooting it down.

Why? Because the standard for that kind of objection is that the Magistrate made an error of law. Filing under seal indicates that the SCOundrels want, desperately, to argue the merits of their "evidence." IBM will without a doubt remind Kimball of the standard, though he won't actually need them to do so. Those of us who've been watching this fiaSCO for a while recall the SCOndrels' last abortive attempt to do an end run around Wells, and Kimball's *first* question, as he openned the hearing was what was the standard required for him to overturn her decision. Even if the Magistrate had made an error, (ha!), the SCOundrels' claims, themselves, are not relevant, so there'd be no need at all to seal the objection.

Not only are the SCOundrels fsked, but their lawyers seem to be playing them for fools.

KWL

There's a lesson here, boys and girls, never, ever, ever pay the lawyers *in advance*.

Message ID: 391153
Posted By: arthur_ski
Posted On: 2006-07-14 18:17:00
Subject: SCO Appealing Setback to Claims

SCO Appealing Setback to Claims Over Linux Code

http://www.ksl.com/?nid=148&sid=360181

The texts of these Yahoo Message Board posts have been licensed for copying and distribution by the Yahoo Message Board users "coredump11", "arthur_ski", "karl_w_lewis" under the following license: License: CCL Attribution-NonCommercial-ShareAlike v2.0.