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

When will the SEC step in?

[NZheretic]

Complaint to the SEC

The McBride Meltdown.

[Anonymous Coward]

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

I'll let Elcorton speak, because he can speak for many:

Instead of unsupported innuendo against Pamela Jones, why didn't you talk about the fact that both the judge in the IBM case and YOUR OWN COUNSEL have publicly called you a liar for your fraudulent claims of copyright infringement in Linux? You trotted out that miserable little slug Stowell to announce that you wouldn't talk about specifics of pending litigation, which you then proceeded to do when it served your purpose. But you didn't mention that Judge Kimball, who has seen all the sealed filings that you always said proved your case, was "astonished" to find NO COMPETENT EVIDENCE supporting your public pronouncements of all this misappropriated material in Linux. NONE. So tell us again what was in all those sealed filings that the judge overlooked.

Neither did you mention that your own lawyer Robert Silver said in open court that the AutoZone case has NOTHING TO DO WITH LINUX, after you told your shareholders exactly the opposite in a previous conference call. Is that what you mean be "transparency," Darl?

And who do you think gives a fuck who Pamela Jones "really" is? Was it Groklaw that found a "vast disparity" between your public pronouncements and actual evidence? No, Darl, that was a United States District Judge. Too bad none of the callers today brought that up.

Why doesn't your "transparent" web site, the one that has only facts and no spin, mention the fact that your case against Daimler-Chrysler was DISMISSED as to all but one trivial claim, and that your appeal of the dismissal was DENIED months ago? Is all that set in a transparent font?

You're a better liar but a worse human being than any of the contemptible shills who haunt this board. If you really had anything on Jones you would have used it by now. Who's going to be the next victim of a "heart attack" that later turns out to be a bullet in the head with "no possibility of murder?" Anybody who stands up to that has courage. You disgust me, you cowardly little crooked prick.

As the cbronline author notes:

"So who is Pamela Jones? McBride would not say. "We're still digging to the bottom of this. I think once we have all of the facts complete we'll be glad to do [share] that," he said. Perhaps the bigger question might be why SCO, a company McBride claimed is "steadfastly focused on winning in both the court room and in the market place" is so concerned with what a small community web site thinks about its claims."

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.

[Anonymous Coward]

Wow. That's just... hilarious!

Your company is going down the drain because you don't produce anything of value and sue everybody you have a business relationship with... and you blame it all on some "shady" paralegal who you claim "isn't who she appears to be"?

I'm torn between thinking Darl has crossed the line into true paranoid delusion, and thinking that he's just reverted into a child-like persona of blaming failure on anybody, *anybody* but himself.

I should feel sorry for the guy, but he's brought it all on himself, and I've just got my fingers crossed hoping for even more comedy. I'm sure he's not far off cracking up and declaring that Pamela Jones is just Linus Torvalds in a dress.

Re:No understand

[mikael]

In the beginning of this court case, SCO were being required by the judge to provide evidence to the court relating to the copyright/IP violations by IBM.

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 find something useful.

IBM isn't falling into this trap, and like everyone else around the world, are still waiting with baited breath for SCO to provide the evidence of the original accusation of IP/copyright theft.

Everyone knows the information from IBM is not fundamental to this case ; after all, you don't go to court accusing someone of theft unless you already know what is missing, do you?

When SCO realized they wouldn't get this information, they attempted another delay tactic, by asking the judge to pause the court hearing until IBM provide all documents relating to their projects with SCO. The judge refused this request, not least of all because the judge is an ex-lawyer himself, and know the tricks that lawyers will get up to when they have a weak case.

This puts this game of legal ping-pong firmly in SCO's side of the net now. They will *have* to provide the evidence of violation otherwise their case will probably collapse.

Re:the trial hasn't started yet

[RobertLTux]

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. :) --- funny how the good and chunky asteroids are Iron Ball Munitions >8-)