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

10Q

[uberdave]

SCO has finally filed its 10Q.

You're Welcome.

May I be the first to say:

[mcc]

...what?

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: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.

Re:Explain

[JohnnyGTO]

http://www.google.com/search?lr=&ie=UTF-8&oe=UTF-8 &q=IANAL

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."

Re:10Q -- HA!

[GrabtharsHammer]

My favourite part of the 10Q filing is in 10Qa, under "Other Assets".

It reads:

Goodwill: --

As in, none left.