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| The Yarro Complaint & the Wiley and Christensen Affidavits |
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Wednesday, February 09 2005 @ 08:56 AM EST
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I finally have the Yarro Complaint in Yarro et al v. Kreidel et al. Well, most of it. The fax was missing several pages, but rather than make you wait, I'll put up what I have and supplement as I get the rest, hopefully. If you are on dialup, it's a long download. I'll try to fix that later. It's enough to give us the idea of what is going on. UPDATE: Here is the complete complaint, and slimmed down for an easier download. In a nutshell, Yarro and the others who "resigned" from Canopy say Noorda meant to give them millions and millions (and in some cases part ownership of the company) instead of to his children. You see, it was like this: Yarro was such a valuable employee that Noorda wished to keep him there, and apparently it required millions in perks to retain his services. It was all on the up-and-up, and it is only now, when they say Noorda is incompetent -- and they have their doubts about Mrs. Noorda too, and they'd like competency hearings on the matter -- that one daughter, Val Noorda Kreidel, is causing trouble for them unfairly, I guess out of greed. Um. OK. But one question: since the beneficiaries when her parents die are two charities, what greedy motive can she possibly have? 'Tis a puzzlement.
Here are two of the affidavits, the one by Joyce Wiley and the one by Brent Christensen. The rest I will put up as I am able. They all say essentially the same things: they resigned because Mr. Mustard is a meanie who yells at employees, so mean he didn't say Christmas greetings to the staff and made some of them cry (they claim one was allegedly driven to suicide), they had to sign some document they don't describe or identify with particularity under "duress", and now the company can't possibly live without them. Portfolio companies, like you know who, I presume, are worried about continued money flowing to them from Canopy. Darl, I've heard, has put in an affidavit that is sealed, but I haven't yet been able to confirm that detail. No one ever heard Noorda say a critical word about Yarro, Mott or Christensen in all the happy years together in the Canopy family. They no longer have access to the computers. No one else can possibly do the taxes, etc. for Canopy. If the three are reinstated, as their complaint requests happen, and the gravy train starts running again, they'd be happy to go back to work for Canopy Group. If you wish to compare, here is the Canopy/Kreidel complaint against Yarro and friends. It portrays the same general facts as self-dealing and wasteful transactions, as well as a power struggle to gain control of Canopy, as Bob Mims' article highlights.
If you wish to read the media version, here's an article by the Daily Herald's Grace Leong, and she says the document was an NDA. One affidavit describes it as a "settlement". atul666 has done some research on the SCOX Finance message board on various Canopy employees who also provided affidavits or are mentioned in the lawsuits. I've saved the best for last, Frank Hayes' opinion piece in ComputerWorld. He finds it hard to believe Noorda is incompetent, and he thinks what happens next is the lawsuits against customers, like AutoZone and Daimler Chrysler, will disappear. Noorda, he thinks, would never lose his business sense enough to sue his own customers, and he calls his article, "Ray's Return." Honestly, does it get any uglier than this? Maybe in Greek tragedies. This is a quintessential American tragedy, however. By that I mean, it's all about money.
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| Authored by: Benanov on Wednesday, February 09 2005 @ 10:11 AM EST |
So PJ can find them.
'Mrs. Nooda' is one that I saw.
---
That popping sound you hear is just a paradigm shifting without a clutch.[ Reply to This | # ]
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| Authored by: CnocNaGortini on Wednesday, February 09 2005 @ 10:22 AM EST |
.. of course, they'll be on-topic for the off-topic section
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- Changes afoot at HP? - Authored by: CnocNaGortini on Wednesday, February 09 2005 @ 10:24 AM EST
- Changes afoot at HP? - Authored by: Jude on Wednesday, February 09 2005 @ 10:59 AM EST
- Changes afoot at HP? - Authored by: Anonymous on Wednesday, February 09 2005 @ 12:19 PM EST
- Changes afoot at HP? - Authored by: Anonymous on Wednesday, February 09 2005 @ 12:35 PM EST
- Changes afoot at HP? - Authored by: Anonymous on Wednesday, February 09 2005 @ 01:39 PM EST
- the imaging systems are nice - Authored by: Anonymous on Wednesday, February 09 2005 @ 01:54 PM EST
- Changes afoot at HP? - Authored by: Anonymous on Wednesday, February 09 2005 @ 01:57 PM EST
- Changes afoot at HP? - Authored by: Jude on Wednesday, February 09 2005 @ 02:12 PM EST
- Staples and MS - Authored by: rm6990 on Wednesday, February 09 2005 @ 02:22 PM EST
- MS Keyborons - Authored by: Ed L. on Wednesday, February 09 2005 @ 02:30 PM EST
- MS Keyborons - Authored by: Wol on Thursday, February 10 2005 @ 03:37 AM EST
- Staples and MS - Authored by: Anonymous on Wednesday, February 09 2005 @ 02:41 PM EST
- Staples and MS - Authored by: Anonymous on Wednesday, February 09 2005 @ 11:25 PM EST
- Laser powered - Authored by: Anonymous on Friday, February 11 2005 @ 05:52 PM EST
- Staples and MS - Authored by: odysseus on Thursday, February 10 2005 @ 06:13 AM EST
- Staples and MS - Authored by: Anonymous on Thursday, February 10 2005 @ 06:34 AM EST
- Microsoft keyboards - Authored by: Anonymous on Wednesday, February 09 2005 @ 04:21 PM EST
- Changes afoot at HP? - Authored by: fstanchina on Thursday, February 10 2005 @ 11:42 AM EST
- Changes afoot at HP? - Authored by: Anonymous on Wednesday, February 09 2005 @ 02:43 PM EST
- Changes afoot at HP? Yes - Authored by: Anonymous on Wednesday, February 09 2005 @ 01:34 PM EST
- Changes afoot at HP? - Authored by: eggplant37 on Thursday, February 10 2005 @ 05:43 AM EST
- Damaged pdf? - Authored by: Anonymous on Wednesday, February 09 2005 @ 11:13 AM EST
- FFII reports Spanish senate votes unanimously against software patents - Authored by: macrorodent on Wednesday, February 09 2005 @ 11:18 AM EST
- Off-topic here... - Authored by: Anonymous on Wednesday, February 09 2005 @ 01:15 PM EST
- EU Patents on the move again - Authored by: Anonymous on Wednesday, February 09 2005 @ 01:29 PM EST
- European Patents Going Forward Next Week? - Authored by: Anonymous on Wednesday, February 09 2005 @ 01:33 PM EST
- ...Greek tragedies... - Authored by: Anonymous on Wednesday, February 09 2005 @ 06:15 PM EST
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| Authored by: Anonymous on Wednesday, February 09 2005 @ 10:22 AM EST |
| ...and now the company can't possibly live without them.
If someone
else were to do the books or property taxes or any other function it might
appear that there are discrepancies when there truly are none. :)
[ Reply to This | # ]
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| Authored by: blacklight on Wednesday, February 09 2005 @ 10:31 AM EST |
"Honestly, does it get any uglier than this? Maybe in Greek tragedies"
PJ
But at least, some of these Greek tragedies are classics of world litterature.
On the other hand, I am not so sure that Ralph Yarro et al are contributing
anything to world litterature - and their legal filings may count as litter but
it's a stretch to count them as litterature, by the way. I guess ugliness comes
with the territory when you are Ralph Yarro, Canopy's high priest of greed.[ Reply to This | # ]
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| Authored by: The Cornishman on Wednesday, February 09 2005 @ 10:38 AM EST |
I just started a text transcription; I'll post what I complete in the time
available later.
But I instantly noticed
JOHN DOES 1 THROUGH 10
Defendants
What's all that about, then?
---
(c) assigned to PJ[ Reply to This | # ]
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| Authored by: bshowalter on Wednesday, February 09 2005 @ 10:47 AM EST |
| s/Chistensen/Christensen/ [ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, February 09 2005 @ 11:04 AM EST |
Given tech context of this lawsuit, shouldn't it be described as a
Geek tragedy?.
:) [ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, February 09 2005 @ 11:12 AM EST |
As I recall Clifford Irving wrote a phony bio of Howard Hughes.
"Clifford later stated in his book that in actuality, they would
"never meet Hughes and the interviews would be faked". He later
claimed in a January 2000 CBS interview with Mike Wallace that he believed,
"Howard Hughes was too ill to come forward and repudiate the book."
After all, Howard had not been seen publicly since 1958 and as far as they knew
he could have even been dead."
http://www.crimelibrary.com/gangsters_outlaws/cops_others/clifford_irving/
Howard decided to "return from the dead", made a phone call to some
journalists saying Irving book was hogwash, and the rest is history.
All Ray Noorda has to do is something like this and the jigs up for Yarro.
But what if Ray really is incompetent and can no longer understand what's
going on.
Well this means Yarro may have a case that he could actually win , that is if he
is a truly innocent man. But now that Mustards in the position to look at the
books it seems dirt will be found (which come to think of it is the tack that
SCO has been doing, you know get in the door to look for SOMETHING by any means
and even though the original complaint that opened the door is wrong we get
them on what you now find, perhaps SCO is not the only one playing the system).
[ Reply to This | # ]
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| Authored by: LarryVance on Wednesday, February 09 2005 @ 12:27 PM EST |
I am glad that I do not work for Canopy. Mr. Mustard appears to be a real
hatchet man. It seems it would be difficult to continue to function with only 4
employees.
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NEVER UNDERESTIMATE YOUR INFLUENCE!
Larry Vance[ Reply to This | # ]
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| Authored by: Latesigner on Wednesday, February 09 2005 @ 12:27 PM EST |
" But one question: since the beneficiaries when her parents die are two
charities, what greedy motive can she possibly have? "
It looks like Yarro underestimated someone in the Noorda family.
[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, February 09 2005 @ 12:29 PM EST |
At least in the old days of shoot-outs and duels,
the loosers didn't come back to cause new problems.
Made people think twice about things.
:)
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| Authored by: rsteinmetz70112 on Wednesday, February 09 2005 @ 12:29 PM EST |
I wonder why everyone at Canopy is so nervious?
We have a suicide and least one resignation. I don't want to speculate but it
looks a little odd.
---
Rsteinmetz
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk[ Reply to This | # ]
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| Authored by: whoever57 on Wednesday, February 09 2005 @ 12:46 PM EST |
| I can believe that a boss could ultimately make life so terrible that someone
might commit suicide, but, I find it very difficult to believe that this
could happen in the space of a few days.
I strongly suspect that there is a
lot more to this than has come out so far. [ Reply to This | # ]
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- Suicide - Authored by: Anonymous on Wednesday, February 09 2005 @ 01:17 PM EST
- Suicide - Authored by: Anonymous on Wednesday, February 09 2005 @ 01:51 PM EST
- Suicide - Authored by: Anonymous on Wednesday, February 09 2005 @ 02:55 PM EST
- Suicide - Authored by: Anonymous on Wednesday, February 09 2005 @ 06:59 PM EST
- Suicide - Authored by: Anonymous on Thursday, February 10 2005 @ 10:13 AM EST
- Suicide - Authored by: Anonymous on Thursday, February 10 2005 @ 01:24 PM EST
- Suicide - Authored by: Anonymous on Wednesday, February 09 2005 @ 04:24 PM EST
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| Authored by: Stumbles on Wednesday, February 09 2005 @ 12:49 PM EST |
The longer this goes on the more firmly I am convinced soap opera
writers are telling Canopy, SCOG, Yarro, etal what to do, how to behave,
etc.
So here we have a subsidiary (of sorts) of Canopy that appears (well to
me seems so) going out on their own and suing the world plus dog
(including their own customers) based on evidence they so far refuse to
show. Defying two court orders to do so.
Said subsidiary experiences a large managerail shake up, an allege
suicide, who we don't know. People cry because they were not wished
merry Christmas (boo hoo) by the new management.
What's next? SCOG finds a box of evidence in their closet ala the
Clinton's?
---
You can tune a piano but you can't tune a fish.[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, February 09 2005 @ 01:00 PM EST |
"Honestly, does it get any uglier than this? Maybe in Greek
tragedies."
Did anybody else read this first as "Geek" tragedies??? ;-)
[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, February 09 2005 @ 01:03 PM EST |
Ray Noorda's daughter may not stand to benefit directly, but it is a long
standing tradition in America that one way to avoid inheritance taxes is to
donate a large chunk of the fortune to a charitable foundation, and then put the
surviving relatives on the board of directors for life at handsome compensation.
The bigger the endowment, the greater the compensation. I have no idea if that
is the case here.[ Reply to This | # ]
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| Authored by: geoff lane on Wednesday, February 09 2005 @ 02:49 PM EST |
| A couple of questions...
NFT is the Noorda Family Trust and surely it should
reflect the wishes of the family as regards the disposition of the funds. If
Canopy goes down HARD as it may seem, how much of NFT will it take along with
it? Can NFT be forced to cover the debts of Canopy and leave nothing for the
stated beneficiaries?
Secondly, in this article,
Ransom
Love is said to be writing a book. Anybody know if this is still true?
---
Not using the GPL is not a character flaw.
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| Authored by: blang on Wednesday, February 09 2005 @ 03:44 PM EST |
"-- that one daughter, Val Noorda Kreidel, is causing trouble for them
unfairly, I guess out of greed. Um. OK. But one question: since the
beneficiaries when her parents die are two charities, what greedy motive can she
possibly have? 'Tis a puzzlement."
Hemm and haw. If one is to sum up R. Yarro's life, it takes one sentence:
"Greed is Good", or since he is apparently of the non-atheist
conviction, "Greed Is God". And clearly this guy has been sticking his
finger deep into the pockets of an enterprise who'se sole purpose was to finance
charities. What a crook. But then again, we've been saying for a couple of years
that Yarro is the worst kind ow crook.
I fail to see that a motive of greed can be brought against anyone under the
protection of the US contitution, or was it bill of rights. That every man has
the right to pursue his fortune, or some such thing.
Well, I say that one man's right can no longer be considered a right, if it
undermines another man's fortune, and the "american dream" right, is
clearly one that has been misused to legitimize vile greed at the expense of
other people's more basic human rights. Many of these rights were penned as an
opposition to British rule, and they've been extended to mean instead "I'll
damm well do anythig I want, and screw the rest!" Ironically, America's
culture has degenerated and stagnated to such a degree that it probably would
have been a more human society today, if it was a british colony under the
protection of the Queen. Just look at Canada. What Ben Franklin wanted was both
right and fair. What others have made of it since is a travesty. Franklin was
very much into something being a right, because it was "right" and
made sense. Now we are stuck with all these fascists who thinks rights are
something given to you by doctrine to justify cruelty against the rest of
humankind.
It aint right just because it was once upon a time declared a
"right".
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| Authored by: Anonymous on Wednesday, February 09 2005 @ 06:41 PM EST |
As long as were getting into mental comptency
Definitions:
Sanity Hearing- "An inquiry into the mental competancy of a person to stand
trial."
Corporation-"in terms of the law corporations are viewed as persons"
Question 1:
Could a sanity hearing be held to see if Mr SCO is comptent to stand trial?
Question 2:
Could someone (perhaps G2) supeona the interrogatories of the Autozone case
and then use these to see if a sanity hearing for Mr SCO is called for?
Question 3:
Has a corporation ever been declared insane?[ Reply to This | # ]
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| Authored by: Anonymous on Wednesday, February 09 2005 @ 09:05 PM EST |
First he talks about Noorda’s good investments, specifically Unix, Quattro Pro,
and word perfect, all losers that lost almost all value shortly after he he
ought them.
Next he mentions Caldera and the DOS lawsuit. A look at the historic price of
Caldera shows it was a loser from day one. An we now know where the money from
the DOS lawsuit went (hint: not Caldera).
Lastly he talks mentions that Noorda may drop other lawsuits, including the one
against Red Hat. Maybe he thinks Darl made good on his threat to sue Red Hat.
Overall minor points in a good article.
Dennis
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