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Novell Hearing Will Not Be on September 15th - Set in Error
Thursday, September 02 2004 @ 04:17 AM EDT

The Novell Hearing, set for the 15th of September at 2:00, has been vacated. No new time set. Evidently, as we thought might be the case, there was an error in the notice of hearing. Pacer has the clerk's notation like this:

9/1/04 45 Notice of VACATED Hearing filed : Hearing set for 9/15/04 at 2:00 p.m. set in error therefore is VACATED cc:atty (Ntc generated by: BK) (blk) [Entry date 09/01/04]

This is why I always say you can't go just by what you see on Pacer. We contacted the court, and they were surprised to learn that both the IBM and the Novell hearings were scheduled for the same time period. Obviously, it wasn't intended that way.

On the IBM front, SCO has been granted permission to file their overlength memorandum regarding their Motion to Compel Discovery. And on oral arguments on IBM, Pacer records this:

8/27/04 262 - Notice of Hearing filed : Motion hearing set for 2:30 12/9/04 for [233-1] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim), set for 2:30 12/9/04 for [225-1] motion for partial summary judgment on Breach of Contract Claims. (Oral Argument Requested) To be held before Judge Kimball cc:atty ( Ntc generated by: KJ) (blk) [Entry date 08/27/04]

9/1/04 268 Notice of Hearing filed : Motion hearing set for 2:00 9/15/04 for [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement, set for 2:00 9/15/04 for [144-1] amended motion to Dismiss To be held before Judge Kimball cc:atty ( Ntc generated by: KJ) (blk) [Entry date 09/01/04]

This makes more sense. Be aware some of the links may take a few minutes to resolve properly.


  


Novell Hearing Will Not Be on September 15th - Set in Error | 64 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Novell Hearing Will Not Be on September 15th - Set in Error
Authored by: Anonymous on Thursday, September 02 2004 @ 05:03 AM EDT
DOH! and I was so looking forward to a party on the 15th!

oh, and errors? go here?

[ Reply to This | # ]

OT Here Please
Authored by: Anonymous on Thursday, September 02 2004 @ 05:08 AM EDT
No useful text for you to read.

[ Reply to This | # ]

What do you think will happen now?
Authored by: Anonymous on Thursday, September 02 2004 @ 05:39 AM EDT
It looks like Judge Kimball might have been having second thoughts about cutting up SCO. The chucking out of the Novell suit would have set a big precedent for the granting of the PSJ on CC10. It could also work the other way round.

So what do you think his strategy is now? Will he grant the PSJ anyway? Watch this space.

Personally, I think the PSJ will be granted at least partially because SCO do not seem to have a case and their lawyers are doing a very bad job of it (just have a look at their latest documents). Maybe Boies et. al was thinking of the almighty buck when they signed on to the case.

[ Reply to This | # ]

Darl didn't know any better either.
Authored by: MikeA on Thursday, September 02 2004 @ 05:53 AM EDT
Someone pointed out that Darl "confirmed" the hearing date at the
teleconference, and I replied that as far as we know, he doesn't realize it's a
mistake.

I guess I was right. Geez. Darl should read Groklaw. (More often)


---
"You need some facts to win in a court of law, thou doofus." - The Knights of
Armonk (Translation by PJ)

[ Reply to This | # ]

Novell Hearing Will Not Be on September 15th - Set in Error
Authored by: Anonymous on Thursday, September 02 2004 @ 06:07 AM EDT
At least this can set the conspiracy theories at bay - for a while. There was a
*lot* of smoke generated earlier over the 'simultanous' hearing.

So QM et al any suggestions now that we know that the hearings are not
simultaneous? :-)

--

MadScientist

[ Reply to This | # ]

Error?
Authored by: pbarritt on Thursday, September 02 2004 @ 06:33 AM EDT
As Judge Kimball giggles up his sleeve saying

"Gotcha Groklaw!".

---
"Who are you going to believe, me or your own two eyes?" - Groucho Marx

[ Reply to This | # ]

Novell Hearing Will Not Be on September 15th - Set in Error
Authored by: seeks2know on Thursday, September 02 2004 @ 09:39 AM EDT
Old adage:

"When things seem to good to be true, they usually are.

---
There is but one straight course, and that is to seek truth and pursue it
steadily."
-- George Washington

[ Reply to This | # ]

Novell Hearing Will Not Be...
Authored by: Anonymous on Thursday, September 02 2004 @ 10:41 AM EDT
Can this then be considered SCOX's second legal win? Maybe the stock will go
up.

The first one being that they can still attack DC for how incrediably long they
took to respond to the audit.

I can see it now... Expert Legal anaylists theorize that Judge Kimball was about
to rule in favor of IBM's PSJ 10th CC. Something occured most likely do to SCO
groups crack legal team for the schedule to be changed, thus negating the chance
that there will be a diffinitive ruling on the 10th CC. The *interest* in SCO's
license has greatly renewed.

[ Reply to This | # ]

"Oral Argument Requested"?
Authored by: Anonymous on Thursday, September 02 2004 @ 11:36 AM EDT
What does that notation on the 12/9 hearing indicate? (It isn't on the other
one.) Is there always oral argument from both sides at a hearing? Thanks
Groklawyers.

[ Reply to This | # ]

Novell Hearing Will Not Be on September 15th - Set in Error
Authored by: Anonymous on Thursday, September 02 2004 @ 12:31 PM EDT
Can we sue and make it happen that day ? I'm now suffering post scomatic stress
because I won't get to see sco stomped on by ibm and novell at the same time.

Sniff... I want compensation now that my party day has to be cancelled..
:-)

[ Reply to This | # ]

  • Pecuniary Losses - Authored by: Anonymous on Thursday, September 02 2004 @ 01:18 PM EDT
A fly on the wall explains it all
Authored by: webster on Thursday, September 02 2004 @ 12:34 PM EDT
[One of Sonntag's "reliable sources" who had been in the Court Staff
snack bar is rumored to have overhead this complete explanation of what
happened.]

The Novell matter was set on the same afternoon as the IBM matter by accident.
There was no intent or significance to it. Then there was a call to the office
to question the accuracy and appropriateness of this scheduling. At the same
time the law clerks were buzzing about the significance of this scheduling that
they had picked up on the internet. Despite the fact that there is no
significance to this scheduling, it had taken on a significance by many, and
indeed reasonably so. To keep it on the same date now that it had been brought
to the Court's attention would lend it further significance. So the scheduling
has been deemed an error by the powers that be and will be redacted on paper and
in actuality.

There may be some poetry up there if you read it out loud.

---
webster

[ Reply to This | # ]

More SCO blabber on its way
Authored by: hipster on Thursday, September 02 2004 @ 12:38 PM EDT
Judge Kimball's granting SCO permission to submit another *sigh* overlength
memorandum just means that we are to be exposed to more of the same blabbering
we've been flooded with so far.

I wonder if the judge finds it amusing having to read all the nonsensical stuff
SCO decides to spew, or perhaps *his* strategy is to let them inundate the court
with gibberish, the more so that their fall will be the greatest when it comes.

I just wish the wait wasn't so tedious.


---
--
Every man is a damn fool for at least five minutes every day; wisdom consists in
not exceeding the limit. ~Elbert Hubbard

[ Reply to This | # ]

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