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AutoZone Case Is Being Reassigned to a New Judge
Tuesday, March 09 2004 @ 05:31 AM EST

The SCO v. AutoZone case will be reassigned to a new judge "to avoid the appearance of impropriety." Judge David W. Hagen's order, filed March 5, 2004, is here as PDF.

Normally this tends to mean somebody is related to somebody or the judge owns stock or some such thing and rather than have questions raised about bias, they ask to have the case assigned to another judge. I don't know what the impropriety might seem to be in this matter, but it's normal for a judge to decline to hear a case if there could be an appearance of impropriety.



***********************************************

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

________________________________

THE SCO GROUP, INC., a Delaware
corporation,

Plaintiff,

vs.

AUTOZONE, INC., a Nevada
corporation,

Defendant.

_________________________________

CV-S-04-0237-DWH(LRL)

MINUTES OF THE COURT

March 5, 2004

_________________________________

PRESENT: HONORABLE DAVID W. HAGEN, U.S. DISTRICT JUDGE

Deputy Clerk: MICHAEL J. ZADINA Reporter: NONE APPEARING

Counsel for Plaintiff(s): NONE APPEARING

Counsel for Defendant(s): NONE APPEARING

MINUTE ORDER IN CHAMBERS:

To avoid the appearance of impropriety, this action is submitted to Chief Judge Philip M. Pro for reassignment.

IT IS SO ORDERED.

LANCE S. WILSON, CLERK

By: ______[signature]________
Deputy Clerk


  


AutoZone Case Is Being Reassigned to a New Judge | 283 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Post URLs here
Authored by: CnocNaGortini on Tuesday, March 09 2004 @ 05:57 AM EST
Post URLs here

[ Reply to This | # ]

AutoZone Case Is Being Reassigned to a New Judge
Authored by: CnocNaGortini on Tuesday, March 09 2004 @ 05:59 AM EST
Who gets to request such reassignments -- is it at the request of the judge to
whom the case was originally assigned, or could one of the parties have
requested it?

[ Reply to This | # ]

AutoZone Case Is Being Reassigned to a New Judge
Authored by: JeR on Tuesday, March 09 2004 @ 06:26 AM EST
The AutoZone Complaint - as text is still not up to par with the official documents (filed with the Nevada court).

The official documents at TuxRocks show at least superficial differences with the draft version CNet produced, it appears: instead of the incorrect "Amended Complaint" the official document correctly states "Complaint". The official document may also show differences in language, similar to the changes found using the trace changes function in MS Word.

PJ, let us know if you'd like transcriptions of these AutoZone documents.

[ Reply to This | # ]

AutoZone Case Is Being Reassigned to a New Judge
Authored by: jmc on Tuesday, March 09 2004 @ 06:26 AM EST
Maybe it's being assigned to a new court because of the conflict of interest due
to the fact that the Nevada court uses Linux?

[ Reply to This | # ]

AutoZone Case Is Being Reassigned to a New Judge
Authored by: Anonymous on Tuesday, March 09 2004 @ 07:03 AM EST
Take a look at this one: http://www.fool.com/News/mft/2004/mft04030809.htm

Does this stregthen or weaken SCO's case ?
And is it fair to assume that AutoZone is a substitute for another bank (e.g.
Deutsche Bank) ?

Jan Christian Anker

[ Reply to This | # ]

AutoZone Case Is Being Reassigned to a New Judge
Authored by: meldroc on Tuesday, March 09 2004 @ 08:02 AM EST
Dunno why the judge recused himself. Having stock in SCO or Autozone, or having
previously worked for one or the other is a good reason. He might have a close
relative that works for one of the parties. In any case, he got out so he
wouldn't get busted for a conflict of interest.

[ Reply to This | # ]

Not the first recusal in a SCO case
Authored by: Electric Dragon on Tuesday, March 09 2004 @ 08:14 AM EST
According to the IBM Timeline, there was a recusal in that suit as well:

26-Mar-03 Court Memo of recusal signed by Judge Paul G. Cassell

[ Reply to This | # ]

Maybe it's because...
Authored by: Anonymous on Tuesday, March 09 2004 @ 09:37 AM EST
He lives within a couple miles of an IBM branch office, and was somehow paid off
by IBM to confuse the issue and spread misinformation on a website called
Groklaw... oh wait, that was PJ. Sorry.

:)

[ Reply to This | # ]

AutoZone Case Is Being Reassigned to a New Judge
Authored by: Anonymous on Tuesday, March 09 2004 @ 09:47 AM EST
Unless the case involves Dick Cheney, of course.

[ Reply to This | # ]

OT - AutoZone Case Is Being Reassigned to a New Judge
Authored by: blacklight on Tuesday, March 09 2004 @ 09:48 AM EST
Every suit that the SCO Group files diminishes the SCO Group's financial ability
to file another suit. Even if we assume that the suits against AutoZone and
Daimler/Chrysler were filed on contingency, both AutoZone and Daimler/Chrysler
could look for ways to file countersuits if they were so inclined. And defending
against these countersuits would have to be done on an hourly billable basis.

[ Reply to This | # ]

AutoZone Case Is Being Reassigned to a New Judge
Authored by: Anonymous on Tuesday, March 09 2004 @ 09:48 AM EST
This is class:

http://www.theregister.co.uk/content/30/36116.html

[ Reply to This | # ]

OT: Like a stone
Authored by: resst on Tuesday, March 09 2004 @ 10:14 AM EST
A quick look at trading this morning shows SCOX shares sinking. Yesterday opened
at $11.85 and closed at $11.28. Today opened at $11.13 and was as low as $11.03.
Of course the trading day is still young and we'll see how things progress
(regress?) through the day.

Do you think the investing public might be catching on? PJ's hard work here on
Groklaw and her resonses to some of the media stories that have appeared
recently have surely helped. Keep up the good work!

[ Reply to This | # ]

SEC filing re: SCO, needs to be viewed in person......
Authored by: Callan.ca on Tuesday, March 09 2004 @ 10:39 AM EST
Anyone in DC (Physical run needed)

A no-action letter was filed by the SEC on Mar 1:

tinyurl.com/3cjmq

This is most likely a finding requested by SCO. The document was filed on paper
and is not available online. One would have to go to the reference room at SEC
headquarters to see it:

www.sec.gov/info/edgar/prrrules.htm

The document control number is 04009720.

---
IANAL, IANAP, IAAC (I am a Canadian)

[ Reply to This | # ]

OT: satire, the latest BOFH episode
Authored by: Anonymous on Tuesday, March 09 2004 @ 11:43 AM EST
The latest BOFH episode at The Register is a lovely satire of SCO's nonsense.

It made me smile. :-)

[ Reply to This | # ]

Good Ol' CA
Authored by: RLP on Tuesday, March 09 2004 @ 11:48 AM EST
It looks like CA's vehement denial of support for SCO and their making damn sure
everyone knew it may have finally tipped the press that *something* is wrong
here. The stock is dropping fast an NewsForge has an article that's a real
killer on the S2, Microsoft allegations.

http://trends.newsforge.com/trends/04/03/08/0457259.shtml?tid=147

[ Reply to This | # ]

Little OT. Canopy corporate veil
Authored by: bstadil on Tuesday, March 09 2004 @ 12:14 PM EST
As you know CA was "given" SCO licenses from Canopy as part of the $40M settlement. This is now being Fudded as CA has bought into the SCO IP story.

Anyone want to speculate on what that does to the Corporate Veil of Canopy when IBM et al most likely goes after them.

Is is enough protection for Canopy to have "bought" the Licenses from SCO and then given it to CA, or is the Mingling of this enough for holding Canopy liable?

[ Reply to This | # ]

OT: NOT SCO Related, yet a fun legal tactic
Authored by: Anonymous on Tuesday, March 09 2004 @ 01:35 PM EST
Perhaps this can be SCO's last line of defense - http://www.nypost.com/n ews/regionalnews/20274.htm

[ Reply to This | # ]

AutoZone Case Is Being Reassigned to a New Judge
Authored by: Anonymous on Tuesday, March 09 2004 @ 01:35 PM EST
Ah, I see someone beat me to posting this ... cracks me up.

[ Reply to This | # ]

SCO And Monty Python
Authored by: dmscvc123 on Tuesday, March 09 2004 @ 01:54 PM EST
SCO's lawsuits against customers remind me of the Piranha Brothers from Monty
Python:
"They began to operate what they called 'The Operation'...They would select
a victim and then threaten to beat him up if he paid the so-called protection
money. Four months later they started another operation which the called 'The
Other Operation.' In this racket they selected another victim and threatened not
to beat him up if he didn't pay them. One month later they hit upon 'The Other
Other Operation'. In this the victim was threatened that if he didn't pay them,
they would beat him up. This for the Piranha brothers was the turning
point."

Right now SCO is just on "the Operation," beating up those who have
paid them for a license and they haven't quite gotten to the stage of the
"The Other Operation" or "The Other Other Operation." So if
you want to avoid being beaten up by Dinsdale McBride, don't pay the protection
money!

[ Reply to This | # ]

AutoZone Case Is Being Reassigned to a New Judge
Authored by: jog on Tuesday, March 09 2004 @ 02:58 PM EST
Every tech stock I own is going down, but as long as SCO leads the way i'm
cheering. IBM, DELL, INTEL; will be back SCO won't.

jog

[ Reply to This | # ]

OT: AutoZone Case Is Being Reassigned to a New Judge
Authored by: Anonymous on Tuesday, March 09 2004 @ 03:04 PM EST
The SCOX board on Yahoo is pretty amusing.

Here's a really good one:

Re: Hello There.
by: hjweth (37/M)
Long-Term Sentiment: Strong Sell
03/09/04 02:57 pm
Msg: 106700 of 106700


<JUST WONDER.. NOT EVEN ONE PERSON TO SAY BUY THIS STOCK?ONLY THEY SAID SELL!!!I ASK WHY?WHY THEY ON THIS BROAD?IF THEY DON'T OWN THIS STOCK?>

People smart enough to operate a keyboard, including the "Caps Lock" key, are generally smart enough to not buy SCOX.

Posted as a reply to: Msg 106584 by jimmythanh

See: http://finance.messages.yah oo.com/bbs?.mm=FN&action=m&board=1600684464&tid=cald&sid=1600684 464&mid=106700

Sorry... couldn't resist :-/

[ Reply to This | # ]

Stock is crumbling away £10.18 atm
Authored by: Anonymous on Tuesday, March 09 2004 @ 03:04 PM EST
i dont know whether to laugh or cry?
any suggestions :-)

[ Reply to This | # ]

AutoZone Case Is Being Reassigned to a New Judge
Authored by: Anonymous on Tuesday, March 09 2004 @ 03:25 PM EST
I'm no money specialist but does it seem like scox is dropping fast today to
anyone else?

[ Reply to This | # ]

(Not Wholly) OT, but damn funny: BOFH on The Register
Authored by: Anonymous on Tuesday, March 09 2004 @ 03:47 PM EST
The only thing funnier is watching SCOX drop, 10% so far today.

Anyone taking bets on when they become a penny stock again?

[ Reply to This | # ]

AutoZone Case Is Being Reassigned to a New Judge
Authored by: qcubed on Tuesday, March 09 2004 @ 05:34 PM EST
not so much impropriety as netcraft says that the court itself runs linux.
netcraft

[ Reply to This | # ]

    Dins-DARL
    Authored by: Anonymous on Tuesday, March 09 2004 @ 08:28 PM EST
    ...can't wait to hear that famous Kevin sarcasm in court.
    Dude, you are right on the nose...

    [ Reply to This | # ]

    • Dins-DARL - Authored by: Anonymous on Tuesday, March 09 2004 @ 09:09 PM EST
    appearance of impropriety
    Authored by: Anonymous on Tuesday, March 09 2004 @ 10:09 PM EST
    "it's normal for a judge to decline to hear a case if there could be an
    appearance of impropriety"

    Unless your name is Scalia.

    [ Reply to This | # ]

    [OT] Everybody Sing Along
    Authored by: Anonymous on Tuesday, March 09 2004 @ 11:53 PM EST
    Re: DARL'S GOT A GUN........
    by: scox_on_the_rox
    Long-Term Sentiment: Strong Sell
    03/09/04 03:50 pm
    Msg: 106782 of 106797


    Everybody run, the C.E.O.'s got a gun
    Everybody run, the C.E.O. has got a gun
    Darl's smiling and waving his gun
    Picking off crunchies one by one
    God, my best friend's on a shooting spree
    Stop it, Darl, you're embarrassing me

    With apologies to Julie Brown. What? Is my age showing?

    [ Reply to This | # ]

    SCO stock
    Authored by: Anonymous on Wednesday, March 10 2004 @ 12:42 AM EST
    down 9.13%

    Even the investors aren't impressed anymore.

    [ Reply to This | # ]

    Apologies B. Geldof
    Authored by: Anonymous on Wednesday, March 10 2004 @ 04:20 AM EST
    A satire based on "I Don't Like Mondays" by B. Geldof

    The silicon chip inside his head gets switched to overload
    And Darl's not singing Kumbayah today
    He wants to take the whole thing home.

    And Ransom sadly understands it
    He always said Darl loves the gold
    And he can see
    No Reasons
    Cos there are
    No Reasons
    What reasons do you need to know -oh -oh -oh -oh

    Tell me why?
    I don't like Linux
    Tell me why?
    I don't like Linux
    Tell me why
    I don't like... I don't like... I don't like Linux

    I want to close--- the whole thing down.
    Take it all down.. [piano etc.]

    [ Reply to This | # ]

    Someone else needs PJ's GPL course
    Authored by: Anonymous on Wednesday, March 10 2004 @ 08:30 AM EST
    Here

    [ Reply to This | # ]

    AutoZone Case Is Being Reassigned to a New Judge
    Authored by: Anonymous on Friday, March 12 2004 @ 10:15 PM EST
    They are suing their ex customers and not any non-customer linux users because
    that may result in a class action law suit , which SCO may find difficult to
    handle.

    [ Reply to This | # ]

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