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SCO v. IBM Hearing Reassigned to Judge David Nuffer - Hearing Off For Now ~pj Updated
Monday, April 02 2012 @ 08:06 PM EDT

Can you believe it? The new judge assigned to the SCO v. IBM case, Judge Dee Benson, is now apparently off the case. He was, what? the fourth judge? Now a new one is assigned. How many times will this be happening? The judge who lost the musical chairs dance-around this time and will now be assigned is Judge David Nuffer.

On the Utah court's website, he's listed as both a Magistrate Judge and as a District Court Judge. I remember him as a Magistrate Judge and a bit of a techie, famous for saying "Computer gobbledy gook is not confusing or prejudicial" when a party was worried technical documents would confuse the jury, and now he's been promoted, as of March 22nd, when his nomination as US District Judge was approved. His reward is he gets handed this SCO hot potato. Anyway, *I'm* glad he is on the case. Heaven only knows how he's feeling.

This means if you were planning on attending the hearing on whether or not to reopen the case, scheduled for April 23, the docket notation indicates that date will be changed. So stay tuned and don't show up, unless you call the court first. We'll try to get more information.

Here's the docket:

1106 - Filed & Entered: 03/31/2012
REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge David Nuffer (DJ). Judge Dee Benson no longer assigned to the case. Case number will now read 2:03-cv-00294-DN. Please make changes to document captions accordingly. (asp)

Filed & Entered: 04/02/2012 - Notice Vacating Hearing
NOTICE VACATING MOTION REOPEN CASE HEARING set for 4/23/12 at 2:30 p.m. before Judge David Nuffer (moved from Judge Benson's calendar after reassignment) (asb)

- Filed & Entered: 04/02/2012
Deadlines/Hearings terminated. (asb)

Is this not the funniest litigation ever in the history of the world?

Update: On Judge Nuffer's tech cred, here's [PDF] one of his responses to questions he was asked when being considered for his current position:

9. As you know, the federal courts are facing enormous pressures as their caseload mounts. If confirmed, how do you intend to manage your caseload?

Response: Because the federal court dockets and documents are electronic, I have the ability to use management tools to track cases. I have worked with the Future Case Management design team in the U. S. Courts to develop even better management tools for judges and I have designed case and motion tracking tools that we use in our chambers. I personally review case status reports. I will continue to use the assistance of my designated case manager and law clerks to monitor and report on case progress and pending issues that can move cases forward.

See?

: )


  


SCO v. IBM Hearing Reassigned to Judge David Nuffer - Hearing Off For Now ~pj Updated | 107 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections Thread Here
Authored by: jonathon on Monday, April 02 2012 @ 08:16 PM EDT
This is where one clearly marks a error in the article, either real or imagined,
and what the correction should be.
Textual errors in the article, that is.

[ Reply to This | # ]

News Pick Thread
Authored by: jonathon on Monday, April 02 2012 @ 08:17 PM EDT
Pick your News here. Please put the title of the article in the Title box and
include a link to the article, preferably in HTML Formatted mode so it is
clickable, for the convenience of readers once the article has scrolled off the
News Picks sidebar.

Hint: To avoid a Geeklog bug that sometimes breaks a link when it has a long or
complicated URL, put a space between the closing '>' and the text of the
link
<a href="http://example.com/foo"> Text of the link</a>

[ Reply to This | # ]

Comes Transcripts belong here
Authored by: jonathon on Monday, April 02 2012 @ 08:18 PM EDT
Please post your transcriptions of Comes exhibits here using HTML markup but
posted in Plain Old Text mode to make it easy for PJ to copy and paste.

[ Reply to This | # ]

off topic thread here
Authored by: designerfx on Monday, April 02 2012 @ 08:20 PM EDT
off topic posts here

[ Reply to This | # ]

Off Topic Threads Here
Authored by: jonathon on Monday, April 02 2012 @ 08:21 PM EDT
This is where you can post things that are off-topic.

Punishment for posting
on-topic stuff in this thread is explaining why this court case has had so many
judges, using at least 10^Πi + 1 words.

[ Reply to This | # ]

funniest litigation ever?
Authored by: Anonymous on Monday, April 02 2012 @ 08:28 PM EDT
I laugh when I think of Arkell v. Pressdram.

(But if you look it up on Google, be warned, the punchline is definitely NSFW.
That's why I won't link it here.)

[ Reply to This | # ]

SCO v. IBM Hearing Reassigned to Judge David Nuffer - Hearing Off For Now ~pj Updated
Authored by: Anonymous on Monday, April 02 2012 @ 11:24 PM EDT
So I followed the link at the end of the first paragraph, to the Judge's page on
the District Court's website.

The first thing I noticed reading through, was "We do not accept material
via fax", and directions to email. Great! A sign of modern practices.

Then I noticed under "Proposed Orders", they specify that they prefer
documents in Microsoft Word format; followed by a list of links to sample
documents...in WordPerfect format.

Also, the images were broken on the page - looks like the links were coded to a
local path/directory on the creator's system.

I guess being newly-appointed these things would be in flux, but not a wonderful
overall first impression. And of course I could be being a bit too nit-picky.

[ Reply to This | # ]

SCO v. IBM Hearing Reassigned to Judge David Nuffer - Hearing Off For Now ~pj Updated
Authored by: pfusco on Tuesday, April 03 2012 @ 12:52 AM EDT
My gods, this is still going on!?!

---
only the soul matters in the end

[ Reply to This | # ]

SCO the Undead-they refuse to die!
Authored by: wvhillbilly on Tuesday, April 03 2012 @ 02:25 AM EDT
And even the judges don't want them on their docket.

---
"It is written." always trumps, "Um, ah, well, I thought..."

[ Reply to This | # ]

SCO v. IBM Hearing Reassigned to Judge David Nuffer - Hearing Off For Now ~pj Updated
Authored by: Anonymous on Tuesday, April 03 2012 @ 05:43 AM EDT

Could someone please review what motions are currently outstanding for the Judge to rule on?

[ Reply to This | # ]

SCO v. IBM Hearing Reassigned to Judge David Nuffer - Hearing Off For Now ~pj Updated
Authored by: Anonymous on Tuesday, April 03 2012 @ 05:46 AM EDT

Why can't google create delays similar to SCO?

[ Reply to This | # ]

SCO v. IBM Hearing Reassigned to Judge David Nuffer - Hearing Off For Now ~pj Updated
Authored by: DaveJakeman on Tuesday, April 03 2012 @ 05:52 AM EDT
I can't blame the judges for not wanting to touch this with a barge pole.

When you run a behemoth of a case from the beginning, or at least from its early
stages, you kind of live with it and get to know its voluminous history. But
having to pick up a case like this, already at the summary judgment stage, from
scratch, whilst buried under other case load, well, who has the time for that?
And who are these SCO people anyway?

---
When a well-packaged web of lies has been sold gradually to the masses over
generations, the truth seems utterly preposterous and its speaker a raving
lunatic.

[ Reply to This | # ]

SCO v. IBM Hearing Reassigned to Judge David Nuffer - Hearing Off For Now ~pj Updated
Authored by: Anonymous on Tuesday, April 03 2012 @ 07:20 AM EDT

Hmm, finally this debacle may finally come to an end because 'Nuff'er said :)

(sorry couldn't resist - it's the child in me :))

[ Reply to This | # ]

SCO v. IBM Hearing Reassigned to Judge David Nuffer - Hearing Off For Now ~pj Updated
Authored by: tredman on Tuesday, April 03 2012 @ 08:05 AM EDT
I love how context means everything.

I'm sure the motion tracking tools he's talking about aren't
the same ones I'm used to working with in video. :)

---
Tim
"I drank what?" - Socrates, 399 BCE

[ Reply to This | # ]

SCO v. IBM Hearing Reassigned to Judge David Nuffer - Hearing Off For Now ~pj Updated
Authored by: Anonymous on Tuesday, April 03 2012 @ 08:11 AM EDT
Judge Nuffer better watch out because he looks like a perfect
target for a business method patent infringment case.

[ Reply to This | # ]

I never liked being the New Guy
Authored by: rsteinmetz70112 on Tuesday, April 03 2012 @ 09:02 AM EDT
The New Guy gets all of the stuff nobody else wants.

---
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 | # ]

Judge Nuffer was the Magistrate Judge in SCO vs Novell...
Authored by: Anonymous on Tuesday, April 03 2012 @ 12:40 PM EDT
Old Post

[ Reply to This | # ]

Judge David Nuffer - You can't do that
Authored by: Anonymous on Tuesday, April 03 2012 @ 01:24 PM EDT
Response: I have worked with the Future Case Management design team in the U. S. Courts to develop even better management tools for judges and I have designed case and motion tracking tools that we use in our chambers.

Judge Nuffer, you are violating my precious IP. See patent 8,888,888.

[ Reply to This | # ]

Judge Nuffer knowledge of technology
Authored by: PolR on Tuesday, April 03 2012 @ 01:59 PM EDT
I have worked with the Future Case Management design team in the U. S. Courts to develop even better management tools for judges and I have designed case and motion tracking tools that we use in our chambers.
I don't read this as a proof of proficiency in technology. It is common in development projects to involve people who will use the software to make sure the developers write code that does what it needs to do. This doesn't mean these users are themselves good at tech because typically they are laymen. It means these users have been chosen as goto persons to make sure the developers are putting the right functionality in the software. This is an important role because when programmers code the wrong functions this code has to be scrapped and rewritten. This tends to turn the project into a disaster. exceeding budget and schedule. This quote reads like judge Nuffer has this kind of experience.

Despite what I have said above, this quote is a good sign. It means judge Nuffer has personally been involved in an actual software development project and he has spent some time talking with actual developers. This is much better than giving the case to a senior judge who barely knows what email is and never uses the Internet. But we should not underestimate the learning curve required to catch up with the complexity of the SCO v. IBM case.

[ Reply to This | # ]

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