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| IBM Hearing Date changed from 11/15 to 11/30; Wells assigned to Novell |
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Friday, November 10 2006 @ 07:42 PM EST
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There has been a change in the schedule for the hearing on IBM's Motion to Confine SCO's Claims to, and Strike Allegations in Excess of, The Final Disclosures. And since some of you may be planning to attend, I wanted to let you know. At least I hope some of you can attend. The change is from November 15 to November 30, now set for 3:30 in the afternoon in Room 102. The parties stipulated to the change and asked for it, so that is the reason. You might want to reread the motion papers prior to the hearing in order to follow along: IBM's Motion; Memo in Support; SCO's Memo in Opposition; and IBM's Reply. Here's the new Pacer info about the change:
854 -
Filed & Entered: 11/09/2006
Notice of Hearing on Motion
Docket Text: NOTICE OF HEARING ON MOTION re: [695] MOTION to Strike Allegations in Excess of the Final Disclosures: Motion Hearing previously set for 11/15/06 at 10:30 a.m. has been reset for 11/30/2006 at 03:30 PM in Room 102 before Magistrate Judge Brooke C. Wells. [This hearing has been reset pursuant to the parties request and agreement] (jwd, )
855 -
Filed & Entered: 11/10/2006 -
Motion for Leave to File Excess Pages
Docket Text: Ex Parte (Not Sealed) MOTION for Leave to File Excess Pages re Memorandum in Support of IBM's Opposition to SCO's Motion Regarding Spoilation filed by Defendant International Business Machines Corporation. (Attachments: # (1) Text of Proposed Order)(Shaughnessy, Todd)
856 -
Filed & Entered: 11/10/2006
Notice of Conventional Filing
Docket Text: NOTICE OF CONVENTIONAL FILING of (1) Declaration of Todd M. Shaughnessy; (2) IBM's Memorandum in Opposition to SCO's Motion Regarding Spoliation; (3) IBM's Memorandum in Opposition to SCO's Motion for Partial Summary Judgment on SCO's Third Cause of Action, for Breach of Contract; (4) IBM's Memorandum in Opposition to SCO's Motion for Summary Judgment on IBM's Sixth, Seventh and Eighth Counterclaims; and (5) IBM's Memorandum in Opposition to SCO's Motion for Partial Summary Judgment on IBM's Second, Third, Fourth and Fifth Counterclaims filed by Defendant International Business Machines Corporation re [775] MOTION for Summary Judgment on SCO's Third Cause of Action, For Breach of Contract, [776] MOTION for Summary Judgment on IBM's Second, Third, Fourth, and Fifth Counterclaims, [778] MOTION for Relief for IBM's Spoliation of Evidence, [777] MOTION for Summary Judgment on IBM's Sixth, Seventh, and Eighth Counterclaims (Shaughnessy, Todd) And guess who has been assigned to be the magistrate judge and handle all nondispositive pretrial matters in SCO v. Novell? Magistrate Judge Brooke Wells: 168 -
Filed & Entered:
11/09/2006
Order Referring Case to Magistrate Judge
Docket Text: ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Signed by Judge Dale A. Kimball on 11/09/06. (abr, )
That is, of course, the last thing SCO was wanting to have happen, I expect. They were probably hoping for someone new whose baloney meter isn't yet calibrated to their ways. But there you are. Real life.
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| Authored by: SpaceLifeForm on Friday, November 10 2006 @ 07:44 PM EST |
Please many any links clickable.
---
You are being MICROattacked, from various angles, in a SOFT manner.[ Reply to This | # ]
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- Microsoft/Novell- "Strangers in the Night" - Authored by: dodger on Friday, November 10 2006 @ 08:16 PM EST
- Error in CSS file - Authored by: Anonymous on Friday, November 10 2006 @ 08:35 PM EST
- Ah, Yes! Zumtink Noo Haz Bin Added! - Authored by: TheBlueSkyRanger on Friday, November 10 2006 @ 09:32 PM EST
- What benefit do you get from SuSE? - Authored by: Anonymous on Friday, November 10 2006 @ 10:04 PM EST
- Fedora is where I'm staying. - Authored by: Anonymous on Friday, November 10 2006 @ 10:08 PM EST
- Ah, Yes! Zumtink Noo Haz Bin Added! - Authored by: SpaceLifeForm on Friday, November 10 2006 @ 10:27 PM EST
- Ah, Yes! Zumtink Noo Haz Bin Added! - Authored by: Ed L. on Friday, November 10 2006 @ 10:37 PM EST
- Ah, Yes! Zumtink Noo Haz Bin Added! - Authored by: Anonymous on Saturday, November 11 2006 @ 12:23 AM EST
- Ah, Yes! Zumtink Noo Haz Bin Added! - Authored by: DannyB on Saturday, November 11 2006 @ 12:16 PM EST
- It's not mainly about the distro - Authored by: hardmath on Saturday, November 11 2006 @ 07:56 PM EST
- Ah, Yes! Zumtink Noo Haz Bin Added! - Authored by: Wol on Sunday, November 12 2006 @ 06:14 PM EST
- Just to clarify... - Authored by: rcsteiner on Monday, November 13 2006 @ 11:58 AM EST
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| Authored by: entre on Friday, November 10 2006 @ 07:57 PM EST |
| For PJ [ Reply to This | # ]
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- Correction Here - Authored by: Anonymous on Saturday, November 11 2006 @ 01:10 AM EST
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| Authored by: Anonymous on Friday, November 10 2006 @ 08:02 PM EST |
| Tick Tick Tick [ Reply to This | # ]
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| Authored by: rsteinmetz70112 on Friday, November 10 2006 @ 08:05 PM EST |
Is it normal for a Magistrates to generally work on cases for the same Judge or
Judges?
Are Kimball and Wells a sort of team?
I wonder if that happens is it policy or is it simply easier?
---
Rsteinmetz - IANAL therefore my opinions are illegal.
"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: Anonymous on Friday, November 10 2006 @ 08:54 PM EST |
Prepare to dive... DIVE!!! DIVE!!! DIVE!!!
Entropy of Enterprise maximized....
<boom>
[ Reply to This | # ]
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| Authored by: Anonymous on Friday, November 10 2006 @ 08:57 PM EST |
I just don't feel so comfortable rooting for Novell any more. Is there any way
both of them can lose? [ Reply to This | # ]
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- Yes - Authored by: Anonymous on Friday, November 10 2006 @ 09:01 PM EST
- Yes - Authored by: Anonymous on Friday, November 10 2006 @ 09:55 PM EST
- Novell vs SCO - Authored by: Anonymous on Friday, November 10 2006 @ 09:13 PM EST
- Novell vs SCO - Authored by: dht on Friday, November 10 2006 @ 11:27 PM EST
- They will both lose - Authored by: jbb on Saturday, November 11 2006 @ 12:01 AM EST
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| Authored by: Aim Here on Friday, November 10 2006 @ 09:42 PM EST |
If Kimball is signing off on letting Judge Wells handle SCO's other case in
Utah, does this indicate he has some measure of confidence in her ability to
handle SCO's cases? Would Kimball do this if he was just about to overturn one
of Wells' rulings with respect to SCO.
What I'm getting at is that SCO's objections to Wells' order to strike lots of
supposedly infringing items is already briefed, and the hearing's been heard,
and now Kimball has given her a lot more responsibility with respect to SCO's
lawsuits. Would Kimball do this if he thought her judgement was shaky enough to
retract her last major ruling, as per the SCO motion?
[ Reply to This | # ]
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| Authored by: Anonymous on Friday, November 10 2006 @ 10:11 PM EST |
And guess who has been assigned to be the magistrate judge and
handle all nondispositive pretrial matters in SCO v. Novell? Magistrate Judge
Brooke Wells:
PJ,
That's is so funny!
SCO just does
not get any break lately. And it makes me smile... ear to ear!
[ Reply to This | # ]
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| Authored by: The Mad Hatter r on Friday, November 10 2006 @ 10:48 PM EST |
This is excellent - and example of judicial economy in action. Judge Kimball has
two related cases, and he assigns the same magistrate judge to handle both,
after all the magistrate is familiar with one of the litigents and the back
ground of the case already... This means Novell will likely move quicker than
IBM.
It's also a pointed indication to the one litigent that he has confidence in his
magistrate judge!
---
Wayne
http://urbanterrorist.blogspot.com/
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| Authored by: Anonymous on Friday, November 10 2006 @ 11:09 PM EST |
Is this just coincidence, or is the Court simply trying to consolidate matters
by having the same people deal with all the related issues?[ Reply to This | # ]
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| Authored by: fudnutz on Friday, November 10 2006 @ 11:23 PM EST |
He parked his car and paused in the elevator. He had no choice. He looked at
his feet as it stopped at every floor. Getting to work at 4 p.m. and still
expecting to work a few hours. It was a relief to get there without pain. He
had not been to the dentist for over three years. He went right to his office
and bumped the keyboard tray. The mouse lurched and the screen saver (a space
bug on a planet station) disappeared. He "cursed" the refresh and
glanced at his in box, the real one on his desk. Nothing noteworthy. He
glanced back at the screen. At the top....
"Wells assigned to Novell"
.................... Jane and Leonardo, the assistant technical manager, heard
the unprecedented, profane scream and came to the office door.
"Are you alright?" asked Jane urgently.
"No, I'm not. Is B here?" He asked the wall.
"Yes, but he is in conference," Said Leonardo. He got up and headed
out the door. "He doesn't want to be disturbed. He is with the
economist." Jane shrugged. It was to no avail.
There was a sharp knock and then the door swung open. He swept in with a
general nod to all and pulled up a side chair next to Mr. B seated at the end of
the table. He sat down and began wringing his hands as he looked at the floor.
Mr. B welcomed his presence. It was not inappropriate. But it became
immediately clear from the rude inattention that it was time for a break.
"What is it?" Mr. B broke in.
"Did you see he put her on the case? I'm not doing the hearing. I have no
credibility. I've played the fool too many times. I'll write the stuff up.
I'll prepare the others. But I'm not going to go out there and let her abuse
me. She has to let me do my job. She does not have to put me down. She won't
abuse me. She won't let him abuse me anymore. I won't do it."
They paused.
Mr. B knew exactly what he was talking about -- that case. Mr. B knew things
already looked bad on paper. He didn't want to expend anyone else's good name
in this circus. Even second chairs had run afoul of the scrutiny in this case.
It would have been nice to have a young blond female like in the movie, but he
didn't have that. He wouldn't change and expend another reputation at the
coliseum. "You are the only one I have to match him," he tried
flattery.
"That is almost true, but I might snap...at her!" he protested.
He tried duty, "Dulce et decorum est...." He ordered.
He was determined not to take no for an answer and that was the only answer he
was going to get. He left the conference toom and left the office. He went out
the front and headed for the corner. At least there was no booz at the coffee
shop. "A grande Earl Grey, two bags, with an almond croissant." He
read the new album covers as he waited. They had a jazz compilation with no bad
tracks. He felt a buzz in his pocket. email. Skim milk, diet sugar and six
paper napkins soon had him ready to bite his monthly treat --two weeks early.
One bite and some almonds garnished his top lip. He savored those seconds and
fetched his mail.
An email from the wife who almost never uses it. She had forwarded a message
from his second daughter. She had dropped a math course. This had shorted her
credits. She no longer qualified for her scholarship...
That would mean just ten thousand more next year. He looked at the coffee girl.
Well, the thought to himself the money from this hearing and more is already
spoken for. He enjoyed the cream filling. It was all in the right place. He
didn't go back to the office.[ Reply to This | # ]
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| Authored by: Anonymous on Saturday, November 11 2006 @ 12:26 AM EST |
Is it possible that somebody inside the District Court has it in for Judge
Wells? Come on, NewSCO AGAIN! What could she have possibly done to deserve
this fate? Please, a moment of sympathy for the victim of this terrible
misfortune.
JG [ Reply to This | # ]
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| Authored by: Anonymous on Saturday, November 11 2006 @ 01:48 PM EST |
"In the end, Microsoft WILL turn on Novell simply because they can't keep
themselves from doing so. Those who think Microsoft has changed its ways weren't
listening this week to what Ballmer was dishing out in India."
Puts one in mind of the tale of the Scorpion and the Fox:
A scorpion was walking along the bank of a river, wondering how to get to the
other side. Suddenly, he saw a fox. He asked the fox to take him on his back
across the river.
The fox said, "No. If I do that, you'll sting me, and I'll drown."
The scorpion assured him, "If I do that, we'll both drown."
The fox thought about it and finally agreed. So the scorpion climbed up on his
back, and the fox began to swim. But halfway across the river, the scorpion
stung him. As poison filled his veins, the fox turned to the scorpion and said,
"Why did you do that? Now you'll drown, too."
"I couldn't help it," said the scorpion. "It's my nature."
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| Authored by: billyskank on Saturday, November 11 2006 @ 04:00 PM EST |
HA HA HA HA HA! :D
---
It's not the software that's free; it's you.[ Reply to This | # ]
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| Authored by: fredex on Saturday, November 11 2006 @ 04:39 PM EST |
whose baloney meter isn't yet calibrated to their
ways
PJ, you made me laugh out loud. Good thing I wasn't
drinking coffee, or something, at the time!
[ Reply to This | # ]
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| Authored by: rm6990 on Saturday, November 11 2006 @ 08:30 PM EST |
Hehe,
At the same time as they dump more documents on SCO in opposition to their
motions, they file even more Motions for Summary Judgment, probably flooding
even more thousands of documents on them! SCO's lawyers are probably not even
sleeping trying to get all this done! A smile broke out on my face when I saw
that
:-)[ Reply to This | # ]
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