Judge Denies SCO's Ex Parte Motion to Adjourn

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."

Comments

Re:Background to the case

[Karma Farmer]

That's a nice summary, but it's not related to the article in any way, shape, or form.

Here's another groklaw article explaining what this one is about.

Ok, lets see if I'm reading this right...

[grassy_knoll]

From Groklaw:
http://www.groklaw.net/article.php?story=200504130 91534173

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:

• SCO asks for a delay so they can review all the code they got from IBM.
  
• The judge just told them to get stuffed.
  
• The trial now enters the "put up or shut up" phase.
  

Did I get that right?

Translation

[Phocas]

Translation from legalese into English:

Judge Kimball issued an order // Judge Kimball made a decision

regarding SCO's Ex Parte Motion to Adjourn the April 21, 2005 Argument on SCO's Motion to Amend its Complaint // A complaint is the document you use to start a lawsuit in federal court - it states what your claim is about. SCO wanted to revise its complaint in some way. April 21, 2005 was the date set for the parties to argue over whether it should be allowed to amend. SCO asked the court (lawyers say "brought a motion") to adjourn (i.e. postpone) that date. "Ex parte" means they didn't notify the other side that they were asking for a postponement - normally not a good idea. Despite the other side not being present, SCO still lost.

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."