Judge Denies SCO's Ex Parte Motion to Adjourn 206
karvind writes "Groklaw has up an article stating that judge Kimball has issued an order regarding SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint: The Motion is denied. SCO has finally filed its 10Q." From the article: "The court declines to adjourn the hearing. Accordingly, IT IS HEREBY ORDERED that SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint is DENIED. In addition to hearing SCO's Motion to Amend its Complaint and SCO's Motion to Compel the Deposition of Samuel Palmisano at the April 21, 2005 hearing, the parties are hereby NOTIFIED that the court will also hear argument regarding the parties' Proposed Scheduling Orders."
Background to the case (Score:1, Informative)
For those who do not wish to RTFA, the gist is:
Briefly, IBM asked the judge to rule that they weren't infringing any of Calsera/SCO's copyrights by distributing Linux. And they further asked for that ruling immediately, before the trial is complete. In such a pre-trial summary judgement motion, the rules are heavily biased in favor of Caldera/SCO; they only have to show a tiny bit of evidence to defeat the motion.
Re:Background to the case (Score:3, Informative)
Re:Background to the case (Score:5, Informative)
Here's another groklaw article explaining what this one is about. [groklaw.net]
Re:Background to the case (Score:2)
Re:Background to the case (Score:2)
Or, in this case, no evidence at all.
10Q (Score:5, Funny)
You're Welcome.
Re:10Q (Score:2)
Re:10Q (Score:2)
http://www.investopedia.com/terms/1/10q.asp [investopedia.com]
Re:10Q (Score:1)
-d
Re:10Q (Score:2)
May I be the first to say: (Score:5, Funny)
Re:May I be the first to say: (Score:5, Funny)
Re:May I be the first to say: (Score:4, Funny)
But on a side note, I Agree... What?
Re:May I be the first to say: (Score:5, Funny)
SCO: Hold up your Honor, my bad, thats not the way it happened. What really happened was...
JUDGE: Shut your Pie-Hole SCO. It's too damn late to be changing your story, yet again.
IBM: Oh, SCO you been served.
SCO: Now it's on!
Re:May I be the first to say: (Score:4, Informative)
Ex parte orders mean that you're asking for something in your benefit without the other party consenting or defending the decision. Restraining orders, protective orders, etc. are generally ex parte decisions. In other words, the judge hears one side of the arguments and makes a decision for that one side.
I would imagine that SCO is asking for an adjournment without IBM's consent and without first consulting IBM's attorneys. He must feel that they don't have enough reason to do so without some other kind of trial.
Re:May I be the first to say: (Score:3, Funny)
Damn, all I saw was 'Parte!!!!!'
I already got the tequila, salt and lemons, it'd be a shame to waste them...
Re:May I be the first to say: (Score:2)
Because (Score:2)
Also that post sounds like it's about an ex parte motion brought forth by IBM, but this clearly says it's SCO's ex parte motion, so maybe that text is just wrong. However it does appear to link to some long and boring diatribe about the right lawsuit, so I imagine people will mod it up anyhow, leaving both of us no more informed than we were before.
Oh yeah, and no doubt some $3 crack is involved as well.
Cheers
Because that doesn't expalin anything... (Score:2)
Well (Score:2)
Re:May I be the first to say: (Score:2)
Technical issues are another matter entirely.
Re:May I be the first to say: (Score:2)
"Don't tell me how to decode legal speak, just tell me what it means! Legal speak does not trump GIS boobie search!"
Re:May I be the first to say: (Score:2)
GAH! (Score:4, Funny)
Re:GAH! (Score:3, Funny)
*W.I.S. Weasels in Suits
IANAL (Score:5, Funny)
And, sadly, I read Groklaw too. D'oh!
Erp... (Score:2)
Re:Erp... (Score:5, Informative)
That's it. Why this got a front page story I don't know, although it is a sign that this judge at least feels that SCO now has sufficient rope to hang themselves with, so there is that.
Re:Erp... (Score:2)
SCO's Motion to Amend its Complaint: SCO wants to change what evil they claim that IBM did to them. IBM will oppose this because procedurally they should have filed this a year ago.
SCO's Motion to Compel the Deposition of Samuel Palmisano: SCO wants to depose the CEO of IBM. IBM opposes this because the CEO has no knowledge
Re:Erp... (Score:2)
1- SCO is in "even" deeper shit from the court case. After talking up the "size" of their case the judge3 is finally asking them to drop their pants and measure up to IBM.
2- Two nothing to do with 1: They file a peice of paper so that they can be let back into NASDAQ.
It is nice how the two stories are intertwined so that they make the illusion of one:
In the 10Q report there is some good stuff like:
1-Darl McBride makes $265,000 per year.
2-"The
Just one request... (Score:2)
why it made the front page... (Score:2)
(And actually, SCO is still trying to ask for more delay. What this particular ruling means is that they cannot delay the discussion about whether they get more delay. This fores
Re:Erp... (Score:2)
Re:Erp... (Score:2)
I'm well up on the background to the case, it's the legalese surrounding this particular event that needs translating.
Re:Erp... (Score:2)
The legalese is not that interesting, the real question is why SCO would be filing for an extension.
If SCO had found a smoking gun they would not be needing an extension. The fact they are asking for one means that they have not yet found one in that morass of discovery.
The refusal of summary judgement means nothing until the discovery process is over. The judge is not very likely to e
Legalese... I hate this stuff. (Score:1, Redundant)
Re:Legalese... I hate this stuff. (Score:2)
Re:Legalese... I hate this stuff. (Score:4, Informative)
SCOXE wanted time to "amend their complaint" (this is lawyereese for "change our story again"). Before IBM could object (I think...), the judge said "Yeah, right." and denied their plea for delay.
It's a minor thing.
Re:Legalese... I hate this stuff. (Score:2)
Here comes the stampede.... (Score:4, Funny)
opinion of what the defendants, judge and attorneys handling the case should do.
It's better than subscribing to True Detective!
Re:Here comes the stampede.... (Score:1)
Re:Here comes the stampede.... (Score:2, Funny)
17 i5 h3R3bY 0rD3r3d th4t SCO's X-p4r7e M0t10n 2
4dj0rn teh @pr1l 21, 2005 4rgUm3nt 0n SCO's m0t10n
2 4m3nd itz c0mpl41nt 15 D-NI3D. PWN3D!
When will the SEC step in? (Score:5, Interesting)
Re:When will the SEC step in? (Score:2)
Dir Sir/Madam,
I'm sure not all people in SEC are men.
So.... (Score:3, Funny)
Re:So.... (Score:3, Funny)
Since they cant (probably) get the real one.
Unnecessary usages of caps... (Score:5, Funny)
Re:Unnecessary usages of caps... (Score:2)
Re:Unnecessary usages of caps... (Score:3, Insightful)
Now all we need to do is get scientists, Internet RFC authors, and lawyers together... "This comment MUST be MODERATED favorably: moderators SHOULD choose PLUS FIVE (+5) insightful." In the future, all professional publications will look like 1337-speak, I guess.
Re:Unnecessary usages of caps... (Score:2)
That's just to emphasize the very specific meaning the phrases have been given. Just like legal documents might use Client to mean Client as defined in great detail earlier, as opposed to client which is any old client (I suppose).
Re:Unnecessary usages of caps... (Score:3, Funny)
Oh, wait, that might not have been clear enough for you. Let me rephrase it.
There's a fine line BETWEEN emphasis and INSULTING one's intelligence.
Got it now?
Would you like some ketchup with your motion? (Score:5, Funny)
Re:Would you like some ketchup with your motion? (Score:5, Funny)
Re:Would you like some ketchup with your motion? (Score:2)
Why? Is it different than what an american would think?
Re:Would you like some ketchup with your motion? (Score:2)
Comment removed (Score:4, Funny)
Best I can come up with (Score:5, Informative)
10Q is a quartly report.
Samuel Palmisano, the guy wanted to force into deposition, is the CEO of IBM.
I really do wonder how much longer SCO can survive.
Re:how long can they survive? (Score:2, Insightful)
Seriously. You state your allegiance to a company (by accepting their paycheck, or buying their stock), and I've got no problems whatsoever holding you responsible for that company's actions.
It has to be good (Score:1)
The McBride Meltdown. (Score:5, Interesting)
You might have missed the CC, but Darl McBride had a little meltdown where he blamed Groklaw and PJ for the sorry state of his company.
See for instance cbronline [cbronline.com]
I'll let Elcorton [yahoo.com] speak, because he can speak for many:
As the cbronline author notes:
Indeed.
Some think this Groklaw attack was just redirection to get eyes off the bad numbers. I think it's much more than that. This is another sign of utter DESPERATION from the SCOXE crew. They're fucked, they know it... and now it's time to blame someone else.
Re:The McBride Meltdown. aka [SCOOBY DOO defense] (Score:3, Funny)
Explain (Score:1)
-d
Re:Explain (Score:5, Funny)
Small typo (Score:2, Funny)
IANA Paralegal Either Apparently (Score:2, Insightful)
10Q -- HA! (Score:2, Insightful)
Re:10Q -- HA! (Score:1, Funny)
Re:10Q -- HA! (Score:5, Funny)
My favourite part of the 10Q filing is in 10Qa, under "Other Assets [sec.gov]".
It reads:
Goodwill: --As in, none left.
Re:10Q -- HA! (Score:2)
Re:10Q -- HA! (Score:3, Informative)
Actually this is very significant, goodwill is a measure of the difference between the price paid for a company that is aqcuired and the hard assets of the company. Most IT companies have huge figures for goodwill because they will buy a company for maybe $100 million and its hard assets might be less then $10 million, the rest is the value of the ongoing business.
In normal circumstances goodwill depreciates at a steady rate but if a company suffers a major financial catastrophe the 'goodwi
Something I don't understand (Score:2)
Re:Something I don't understand (Score:2)
The translation for the slashdot crowd. (Score:1, Funny)
What I want to know is this (Score:2)
I want to see sco fail and then go bankrupt like everyone else, but I just want this sore/wort to finally go away and McBride get his prison sentance.
So far all I can get (I am not a laywer) out of this is motion is that SCO wanted to file more compliants agaisnt IBM and the judge denied it.
Re:What I want to know is this (Score:3, Funny)
It's kind of like putting a 6 year old to bed. They will kick and scream and fight to stay up as long as they can. They will find excuses to drag things on as long as they can in hopes that you will forget how late it is getting. Eventually though, they always end up going to sleep.
Re:What I want to know is this (Score:4, Informative)
I'm not a lawyer either, but I've worked with enough legal nonsense to explain this. (Though probably not as well as Groklaw.) You slightly missed what happened.
SCO already had a motion (the "motion to amend") on the table to add one additional claim to their suit. This amendment motion then got scheduled to be heard on April 21, meaning that both parties show up in court and make their arguments. They were also scheduled to discuss scheduling proposals, which I think means that they would hammer out dates on which no new discovery can take place and that kind of thing. This is the motion you were referring to. No decision was made by the judge on it.
The motion in the article was to adjourn the April 21 hearing, that is to say they wanted to cancel the scheduled courtroom discussion of the motion mentioned above. They said they needed this cancellation because they wanted to add even more claims besides the single new one that would be discussed April 21. I think they also said they wanted to change around the scheduling proposal. The judge ruled against this motion to adjourn -- essentially saying no, we're not going to delay any longer, you are going to show up on April 21 and argue your amendment motion.
The shorter version -- SCO tried to cancel a court date and stall some more. The judge said no, they need to show up and proceed.
Note that this only means they have to appear on April 21 and argue on whether or not they can add another claim to their lawsuit. I am pretty sure they will NOT be arguing any aspect of the actual lawsuit on April 21.
Re:What I want to know is this (Score:2)
The original Groklaw article re: SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint [groklaw.net]
The original Groklaw article re: SCO's Reply in Support of its Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Complaint [groklaw.net]
Groklaw's article that discussed the Ex Parte motion before it was turned to text and analyzed in depth [groklaw.net]
Hopefully with those three clues, we c
EXPLANATION HERE (Score:5, Informative)
"Ex parte refers to a motion or petition by or for one party. An ex parte judicial proceeding is on where the opposing party has not received notice nor is present. This is an exception to the usual rule of court procedure and due process rights that both parties must be present at any argument before a judge."
(Source: http://www.uslegalforms.com/lawdigest/legal-defin
)
About the 10-Q:
"What does it Mean? A quarterly report submitted by all public companies to the SEC in which firms are required to disclose relevant information regarding their financial position. This must be done on time, and the information should be available to all interested parties." (Source: http://www.investopedia.com/terms/1/10q.asp [investopedia.com])
---
In other words...
This means that SCO wanted to play dirty on Linux er, IBM, by doing legal things on their back, this is, without IBM being present for the legal actions to take place - but judge Kimball didn't allow them to do so. Also, SCO also published their quarterly report.
(RTFW <-- words of wisdom to slashdotters regarding legalese
Re:EXPLANATION HERE (Score:3, Insightful)
Huh? SCO wanted to a break so they could circle their wagons and probably change their strategy. Just because they didn't want to ask permission from IBM to do that, doesn't mean that "they're playing dirty" or doing anything underhanded. Their c
Re:EXPLANATION HERE (Score:5, Funny)
I tried putting it through babelfish, but apparently that doesn't work with legalese.
Re:EXPLANATION HERE (Score:5, Funny)
So, the court is sinking to shift an audition. This must mean Battleship, because in Battleship you sink things. That ought to Zusatzantrag SCO's joggle. I'm not sure this is clear enough. Let's get a few more languages' opinions:
Aha! With German, French, and Japanese combines, this appears to be a message... from the FUTURE! Unfortunately some information appears to have been lost, but from this it looks like the courthouse is gone ("As for the courthouse? [...] It goes."), perhaps from battleship? 2005 years in the future, on April 21st, SCO has given an order of some kind. An unknown entity, S (or "Thing S"), is involved. It seems a contract is involved, with a theory of some sort, and they're running from Samuel Palmisano (who has perhaps travelled into the future to take care of this). Unfortunately the last line is garbled, or we'd know exactly how many more people SCO intends to transmit from the future.
Stay tuned!
Ok, lets see if I'm reading this right... (Score:5, Informative)
http://www.groklaw.net/article.php?story=20050413
SCO Asks for Delay on the April 21st Hearing and IBM Gets Really, Really Clear
Wednesday, April 13 2005 @ 09:15 AM EDT
There are three new filings in SCO v. IBM, and they are enjoyable to me. First, SCO asks for a delay regarding the April 21st hearing [PDF] on their request to amend their complaint again. This would be the AIX on POWER claim, from what they've leaked to the media. They say their reason for wanting a delay is because they are about to get a ton of code from IBM and maybe they'll find some other things to use to amend the complaint.
Yeah. Right. Or maybe they read Groklaw and figured out, now that I did all the research for them, that they haven't a ghost of a chance of prevailing on that misguided claim, and so now they would like some time to figure out what to try next.
So lets see... this means:
Did I get that right?
the trial hasn't started yet (Score:5, Informative)
We're currently in the "discovery" phase, where both sides are supposed to show each other their evidence and take depositions and whatnot. This is where SCOG is balking, since they apparently have no evidence.
Once discovery is over, there will be a period where both sides continue examining the evidence they've received and prepare for trial. This is also where both sides bring up motions for summary judgement on points where they think the evidence is indisputably in their favor. Look for IBM to gut SCOG's case during this period. Look for SCOG to continue everything they can think of to delay the start of this phase.
Finally, if there's anything left of the case, the trial proper will start. Look for IBM's patent claims against SCOG, and possibly their GPL claims as well, to be resolved here. Look for the people in charge of SCOG's bankruptcy proceedings to be managing the defense.
Finally, as a former customer of the Santa Cruz Operation, I would like to remind people that the company currently called The SCO Group bears no relation. The company suing IBM is a Linux company that was named "Caldera" until a couple of years ago. There's a charming irony there, since "Caldera" basically means, "a smoking hole in the ground," which is what we expect Caldera/SCOG to be fairly soon.
Re:the trial hasn't started yet (Score:3, Interesting)
Re:the trial hasn't started yet (Score:2)
Uh, your Honor, the dog ate it. Would we lieeeeeee??
In English Please? (Score:3, Insightful)
Re:In English Please? (Score:2)
OK, I'll stick a ferret down my pants. (Score:2, Funny)
Hey, I'm a simple, dumb MSEE here. How about reposting this thing using English, not Klingon.
Translation (Score:5, Informative)
Judge Kimball issued an order
regarding SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend its Complaint
This is a purely procedural ruling. All it means is the arguments over whether SCO can amend will go ahead on April 21, 2005 as scheduled.
"Groklaw has up an article stating that judge Kimball has issued an order regarding SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint: The Motion is denied. SCO has finally filed its 10Q." From the article: "The court declines to adjourn the hearing. Accordingly, IT IS HEREBY ORDERED that SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend Its Complaint is DENIED. In addition to hearing SCO's Motion to Amend its Complaint and SCO's Motion to Compel the Deposition of Samuel Palmisano at the April 21, 2005 hearing, the parties are hereby NOTIFIED that the court will also hear argument regarding the parties' Proposed Scheduling Orders."
Randomly generated by those crazy MIT kids? (Score:5, Funny)
IBM says: (Score:2, Funny)
because (Score:2)
Re:Sweet, sweet SCO (Score:5, Informative)
As for 'ex parte'... um... the parte is over? Let's get this parte started? No... wait... aha.
But, y'know, they couldn't just say that.
Re:Sweet, sweet SCO (Score:2)
An ex parte motion to adjourn refers to a motion by one party in the case, without consultation nor agreement with the other party, requests the court to delay the hearing for a period of time for whatever extenuating circumstantial reason (in this case, simply to delay having to show the code in question and to avoid having it ripped to shreds by the Linux community).
IOW, SCO is trying to delay this case yet again for no good reason other than to
Re:In related news (Score:4, Informative)
Sorry, the link points to the "original" version of the story, bad paste job on my part. Here is a google link [google.com].
Re:In related news (Score:2)
There's no way I'm giving clicks to the likes of her - she's worse than Laura DiDio.
May they both end up crying into thier afternoon tea [betanews.com] when SCO is nothing but a little smudge of red ink on the floor of the Utah desert.
Soko
Val vs. the Weasels (Score:2)
Here's some background on Val [groklaw.net] from her brother. Sheds her in the light she apparently deserved, rather than from the weaseling vulture we know as Maureen O'Gara.
I passed it through my ebonics translator... (Score:2, Funny)
Re:No understand (Score:3, Interesting)
Now, just about everyone thinks they don't have anything to show (perhaps even SCO know this themselves), and SCO even appeared to confirm this by requiring IBM to provide them with every possible item of documentation relating to the joint projects (in legal speak "discovery". This had two advantages; it delayed the court, and SCO might just actually fin
Re:No understand (Score:3, Informative)