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Sept. 14 Hearing in SCO v. IBM Moved to Oct. 19 at 10 AM
Friday, September 10 2004 @ 07:25 PM EDT

Judge Brooke Wells has ordered that the hearing on SCO's motion on discovery, set for the 14th of September be postponed, in response to a request from IBM. They asked for and got an order granting them an opportunity to respond to SCO's Supplemental Memorandum Re Discovery. That means that IBM has its hearing on the 15th on its counterclaims, and then SCO must wait until October for its motion to be heard. They would keep filing more memoranda.

Not to fear, SCO lovers. SCO has also filed a motion to extend their time to file a response to IBM's Motion for Partial Summary Judgment on Breach of Contract Claims and IBM's Motion for Partial Summary Judgment on its Counterclaim for Copyright Infringement. If they're lucky, that will be granted and then the hearing on those matters will be postponed too, and this could all go on for 25,000 more man-years. Our great grandchildren will attend those hearings. If so, ask them to send my greatgrandchildren a report, will you? Put it in your will or something that they contribute to Groklaw V - The Empire Strikes Back? And may the force be with them.

IBM has until September 24 to answer them, and then SCO can answer "if warranted" by October 1 and then no more opportunities. Neither side. That dialogue will be over. Judge Wells, who obviously has the patience of a saint, has finally had enough. She says if anyone wishes to say anything else on this subject, they can wait for the hearing and say it verbally there. The hearing on the Motion to Strike the Declaration of Christopher Sontag will also be postponed to October 19 at 10 AM. Maybe now SCO will stop filing requests for more AIX and Dynix code. You think?

The observant will note that the document is #284. How did we leap from the 260s to #284? Here's how: lots of activity on Pacer. We will post them all as they become available, the ones that are not sealed:

9/3/04 - 269 - SEALED Reply by SCO Grp to response to [245-1] ex parte motion for leave to file a supplemental memo re: discovery (ce) [Entry date 09/07/04]

9/3/04 - 270 - Sealed ex parte order granting [245-1] ex parte motion for leave to file a supplemental memo re: discovery signed by Judge Brooke C. Wells , 9/3/04 cc:atty (kvs) [Entry date 09/08/04]

9/7/04 - 271 - SEALED Memorandum by Intl Bus Mach Inc in support of [212-1] motion to strike the 7/12/04 Declaration of Christopher Sontag (blk) [Entry date 09/09/04]

9/7/04 - 272 - Ex parte motion by SCO Grp for leave to file over-length memorandum re: opposition to IBM's Motion to Strike Materials (blk) [Entry date 09/09/04]

9/7/04 -- Proposed document from SCO Grp entitled : Memo in Opposition to IBM's Motion to Strike Materials Submitted by SCO in Opposition to IBM's Cross-Motion for Partial Summary Jgm (blk) [Entry date 09/09/04] [Edit date 09/09/04]

9/7/04 - 273 - Supplemental Declaration of Christopher Sontag Re: In Support of SCO's Opposition to IBM's Motion to Strike (blk) [Entry date 09/09/04]

9/7/04 - 274 - Supplemental Declaration of Sandeep Gupta Re: SCO's Opposition to IBM's Motion to Strike (blk) [Entry date 09/09/04]

9/7/04 - 275 - Supplemental Declaration of John Harrop Re: In Support of SCO's Opposition to IBM's Motion to Strike (blk) [Entry date 09/09/04]

9/7/04 - 276 - REDACTED Reply by Intl Bus Mach Inc to response to [212-1] motion to strike the 7/12/04 Declaration of Christopher Sontag (blk) [Entry date 09/09/04]

9/8/04 - 277 - Motion by SCO Grp to extend time to file response to IBM's Motion for Partial Summary Jgm on Breach of Contract Claims and IBM's Motion for Partial Summary Jgm on its Conterclaim for Copyright Infringement (Eighth Counterclaim) (blk) [Entry date 09/09/04]

9/8/04 - 278 - Declaration of Martin Pfeffer (blk) [Entry date 09/09/04]

9/8/04 - 279 - Memorandum by SCO Grp in support of [277-1] motion to extend time to file response to IBM's Motion for Partial Summary Jgm on Breach of Contract Claims and IBM's Motion for Partial Summary Jgm on its Conterclaim for Copyright Infringement (Eighth Counterclaim) (blk) [Entry date 09/09/04]

9/8/04 - 280 - Certificate of service by SCO Grp re: responses to 5th set of interrogs (blk) [Entry date 09/09/04]

9/8/04 - 281 - Expedited Motion by SCO Grp to enforce the Court's Amended Scheduling Order Dated June 10, 2004 (blk) [Entry date 09/09/04]

9/8/04 - 282 - Ex parte motion by SCO Grp for leave to file over-length memorandum re: In support of Expedited Motion to Enforce (blk) [Entry date 09/09/04]

9/8/04 -- Proposed document from SCO Grp entitled : Sealed Memorandum in Support of Expedited Motion to Enforce (blk) [Entry date 09/09/04]

9/8/04 - 283 - Ex parte motion by Intl Bus Mach Inc for leave to file a response to SCO's Supplement Memorandum Re: Discovery and to Continue Hearing Date (blk) [Entry date 09/09/04]

9/10/04 -284 - Order granting [283-1] ex parte motion for leave to file a response to SCO's Supplement Memorandum Re: Discovery and to Continue Hearing Date, Hearing scheduled for 9/14/04 is rescheduled: Motion hearing reset for 10:00 10/19/04 for [190-1] motion to compel discovery, set for 10:00 10/19/04 for [212-1] motion to strike the 7/12/04 Declaration of Christopher Sontag signed by Judge Brooke C. Wells , 9/10/04 cc:atty (blk) [Entry date 09/10/04]

9/10/04 - 285 - Amended Magistrate Notice of Hearing Motion hearing reset for 10:00 10/19/04 for [212-1] motion to strike the 7/12/04 Declaration of Christopher Sontag, reset for 10:00 10/19/04 for [190-1] motion to compel discovery To be held before Judge Wells cc:atty ( Ntc generated by: JD) (blk) [Entry date 09/10/04]

So both poor Mr. Gupta and Chris Sontag say some more about IBM's Motion to Strike Materials and Mr. Harrop also files more words, and there is a new declaration from Martin Pfeffer, whoever that turns out to be. There is a patent and trademark attorney with that name, but I have no idea if that is who has provided the declaration or for which side. Google shows a microbiologist with that name too, but not even SCO would argue that biology requires them to have more AIX and Dynix code. You know. So evolution can proceed or something? No, it's most likely a SuSE guy that Google turns up, don't you think? We'll just have to wait and see.

Also, I note with a sigh that SCO has filed an Expedited Motion to Enforce the Scheduling Order, with a memorandum in support. I am guessing *that* is where they put their continued requests for more AIX and Dynix.


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