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Wells' Order From the October 7 Hearing
Tuesday, October 18 2005 @ 04:36 PM EDT

Feast your eyes on this, Judge Brooke Wells' order [PDF] from the October 7th hearing on SCO's motions to compel and compel and recompel and again recompel discovery.

Joke. It felt like that, though, didn't it? It was their "Renewed" Motion to Compel Discovery (366), Renewed Motion to Compel (503), and Expedited Motion and Supporting Memorandum for Leave to Take Additional Depositions (508) that got heard that day.

Our eyewitnesses got the story accurately once again. She issued her order that very day from the bench, so we already know SCO lost the first one totally and most of the rest, but the order is breathtaking nonetheless. Here's a portion, the part where she slaps SCO down for misrepresenting her orders:

With regard to SCO's Renewed Motion to Compel, Docket No. 503, the Court finds as follows:
1. IBM did not agree to produce all documents relating to the development of Linux, as SCO contends;

2. The issue of the discovery from IBM of all documents relating to the development of Linux was not raised before the Court, was not understood by the Court to be a part of SCO's prior motions, and was not contemplated in the Court's March 3, 2004, January 18, 2005, and April 19, 2005 Orders (the "Orders");

3. IBM appropriately interpreted the Orders, and SCO's interpretation of the Orders takes out of context what the Court believes to be the clear meaning of the Orders;

4. The declarations of Todd M. Shaughnessy regarding discovery are sufficiently in compliance with the requirements of the Court to explain those efforts made and those documents not produced; and

5. At the hearing, IBM nevertheless offered to undertake a reasonable search for and produce non-privileged and non-public Linux programmer's notes, design documents, white papers, and interim or draft versions of Linux contributions from the files of 20 of the IBM Linux developers whom SCO identifies as potential deponents and whose files it would like IBM to search.

Accordingly, IT IS HEREBY ORDERED that IBM has complied with the Orders of the Court, and that SCO's Motion to Compel Discovery and request for sanctions therein is denied. In accord with IBM's offer, SCO is ordered to provide IBM, on or before October 12, 2005, with a list of the 20 Linux developers. IBM will endeavor to make its production on a rolling basis, but in any case shall complete the production by December 7, 2005. SCO must complete the deposition of these developers before January 27, 2006.

Now, compare that with any media accounts you read before the hearing. Compare it with Groklaw's coverage of SCO's motions. Did we get it right? Or did we get it right? One thing I see: Judge Wells knows now who she is dealing with. No more football-metaphor calls to fair play. And that is a tremendous relief.


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