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Hearing Scheduled for SJ Motions in SCO v. Novell May 31!
Thursday, May 24 2007 @ 07:55 PM EDT

Be there or be square, as my dear granny used to say -- May 31st, in Judge Dale Kimball's courtroom, at 9 AM sharp. The oral arguments will be heard on a large collection of summary judgment motions in SCO v. Novell.

Oh, I hope some of you can go, so you can tell us all about it. This is going to be thrilling, I'm sure. You are going to see some fine lawyering, guaranteed, from the Novell team. You can work your entire career as a paralegal and never see this level of skill in person. And I can't help but wonder if David Boies himself may show up, although what he can say that won't sound silly is a mystery to me after reading the filings. That's what they pay him the big bucks for, I guess, to try to find a way to survive these motions and get to trial.

Here's the notice on Pacer (I've done a legible version with urls to the documents below):

05/24/2007 326 NOTICE OF HEARING ON MOTION re: 275 MOTION for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance, 277 MOTION for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, 273 MOTION for Partial Summary Judgment on SCO's Non-Compete Claim in its Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 180 Cross MOTION for Summary Judgment OR PARTIAL SUMMARY JUDGMENT ON NOVELL'S THIRD, SIXTH, SEVENTH, EIGHTH AND NINTH COUNTERCLAIMS, 258 MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim MOTION for Summary Judgment (Partial) on SCO's First, Second and Fifth Causes of Action and for Summary Judgment on Novell's First Counterclaim, 271 MOTION for Partial Summary Judgment on the Copyright Ownership Portions of SCO's Second Claim for Breach of Contract and Fifth Claim for Unfair Competition, 224 Cross MOTION for Partial Summary Judgment on Novell's Fourth Counterclaim, 147 MOTION for Partial Summary Judgment or Preliminary Injunction, 171 MOTION for Partial Summary Judgment on Novell's Fourth Claim for Relief : Motion Hearing set for 5/31/2007 09:00 AM in Room 220 before Judge Dale A. Kimball. (kmj) (Entered: 05/24/2007)

The Novell case is moving so fast compared to IBM, it's like they're on roller skates. We still haven't got all the summary judgment motions in redacted form or all the reply memos on Pacer yet. And my doctor tells me to rest! Ha! There's the latest redacted memo available but we don't have it uploaded yet, but it'll be here as soon as it's ready:

05/24/2007 325 - REDACTION to [306] Sealed Document, SCO's Memorandum in Opposition to Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title and Third Claim for Specific Performance by Plaintiff SCO Group. (Attachments: # 1 Part 2 # 2 Appendix)(Normand, Edward) (Entered: 05/24/2007)

Erwan and I have been working on a table of all the motions for you, but unless I speed up, the game will be over before I can finish my part. Let me get serious. I'll put it here as soon as it's done, so we can keep all the motions straight.

Here, thanks to a suggestion, is a readable version:

05/24/2007 - 326 - NOTICE OF HEARING ON MOTION re:

Motion Hearing set for 5/31/2007 09:00 AM in Room 220 before Judge Dale A. Kimball. (kmj) (Entered: 05/24/2007)

Whew. If anyone wants to make this pretty, in a table, please do, but my eyeballs are ready to bleed, trying to keep it all straight. Also, I worked from our SCO v. Novell Timeline page, so if there are errors in there, I've duplicated them, so if anyone has the Novell Docket sheet to double check, that would be great. Thanks if you can help make this perfect.

I think you can see, though, from the list, how important this hearing will be. The theme is: who owns the copyrights? Just who slandered whom? Now, if you are IBM, you don't massively care who owns the copyrights in a way, because your position is that you haven't infringed them in any case. But if you are SCO, this really is your foundation for everything else, and Novell has asked the court to toss overboard most of SCO's evidence from its witnesses. So, I'm guessing they are practicing in front of a mirror already. Kidding. But lawyers do practice, and they do get nervous. I had a friend tell me once, just before a trial where he was representing another friend, that he was incredibly nervous. I was surprised, because he was a really skillful attorney, a true litigator too, and their hearts usually race with joy at any chance to argue. So I asked why, and he said, "Because he's counting on me, and he thinks I can do anything, and the truth is, I can't guarantee the outcome."


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