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To read comments to this article, go here
SCO files motion for judgment on pleadings on Novell's money claims or for amendment of scope of trial
Saturday, March 08 2008 @ 07:20 AM EST

SCO has filed a sealed motion in the Utah case, asking, believe it or not, for "judgment on the pleadings on Novell's claims for money or for declaratory relief" or, in the alternative, "for amendment of the scope of the trial". I can't wait to see the redacted version.

Judgment on the pleadings. In Utah. Like that will happen. They never run out of panache or crazy ideas to try, do they?

In the bankruptcy, SCO has filed an amended Schedule F [PDF]. Schedule F is the schedule of creditors holding unsecured nonpriority claims. Here's the original version of Schedule F [PDF], if you want to compare them, and I hope you do. Schedule F starts on page 7, and the last page of Schedule F is the first page of this continuation [PDF]. All the schedules are found here.

SCO's first Schedule F listed 10 creditors, Alia Shahbaz (litigation matter), India Income Tax Department (litigation matter), Initial Public Offering Securities Litigation, IBM (litigation matter), Novell (litigation matter), Red Hat (litigation), SCO Operations (intercompany payable), and Sunray Computers Pvt. Ltd. (litigation matter).

The amended Schedule F lists four pages of creditors, but none of the above. So, where did they go? I think it means SCO filled out Schedule F inappropriately originally and have now fixed it. You'll notice Darl McBride is listed, but there is a line through it, which I take to mean that he got his.

The total of unsecured nonpriority claims is listed as $3,605,696.76. The total for unsecured priority claims (Schedule E) is $484,514.94. Personal property (Schedule B) is listed at $9,549,519.07, but I think that is only if you include the value of the copyrights that the Utah court has ruled SCO doesn't own, all of which are listed on the original Schedule B. Since only Schedule F is amended, I'd say they have valued their personal property optimistically, to put it kindly, or questionably, not to put too fine a point on it, since the list in no way indicates the Utah ruling's impact on the list.

Amending the scope of trial means what? I don't know for sure since it's sealed, but I think usually it means you want to be able to talk about things that are not currently permitted. If you followed the SCO v. IBM case, you are familiar with the concept, since SCO tried, albeit unsuccessfully, in another way to do that very thing. Even in the Novell case, it tried something similar in its proposed jury instructions.

Here are the filings in SCO v. Novell:

502 - Filed & Entered: 03/07/2008
Notice of Conventional Filing
Docket Text: NOTICE OF CONVENTIONAL FILING of MOTION FOR JUDGMENT ON THE PLEADINGS ON NOVELLS CLAIMS FOR MONEY OR CLAIM FOR DECLARATORY RELIEF; OR FOR AMENDMENT OF THE SCOPE OF THE TRIAL filed by Counter Defendant SCO Group, Plaintiff SCO Group (Hatch, Brent)

503 - Filed & Entered: 03/07/2008
Notice of Conventional Filing
Docket Text: NOTICE OF CONVENTIONAL FILING of MEMORANDUM IN SUPPORT OF SCOS MOTION FOR JUDGMENT ON THE PLEADINGS ON NOVELLS CLAIMS FOR MONEY OR CLAIM FOR DECLARATORY RELIEF; OR FOR AMENDMENT OF THE SCOPE OF THE TRIAL filed by Counter Defendant SCO Group, Plaintiff SCO Group (Hatch, Brent)

504 - Filed & Entered: 03/07/2008
Notice of Conventional Filing
Docket Text: NOTICE OF CONVENTIONAL FILING of SCO's Motion for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief, and Memorandum in Support Thereof filed by Counter Defendant SCO Group, Plaintiff SCO Group (Corrected Filing) (Hatch, Brent)

505 - Filed & Entered: 03/07/2008
Sealed Motion
Docket Text: **SEALED DOCUMENT** SEALED MOTION for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Document has not been scanned but will be retained in the sealed room of the clerk's office.) Motions referred to Brooke C. Wells.(jwt) Modified on 3/7/2008 (jwt).

506 - Filed & Entered: 03/07/2008
Sealed Document
Docket Text: **SEALED DOCUMENT** Memorandum in Support of [505]SEALED MOTION for Judgment on the Pleadings on Novell's Claims for Money or Claim for Declaratory Relief filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Document has not been scanned but will be retained in the sealed room of the clerk's office.) (jwt)

Here are all the filings in the bankruptcy:

386 - Filed & Entered: 03/06/2008
Application for Compensation
Docket Text: Monthly Application for Compensation (Fifth) for Services and Reimbursement of Expenses as Accountants to the Debtors for the Period from February 2, 2008 through March 3, 2008 Filed by Tanner LC. Objections due by 3/26/2008. (Attachments: # (1) Notice # (2) Exhibit A # (3) Certificate of Service and Service List) (Werkheiser, Rachel)

387 - Filed & Entered: 03/06/2008
Transfer/Assignment of Claim
Docket Text: Transfer/Assignment of Claim. Transfer Agreement 3001 (e) 1 Transferor: CCI NETWORK SERVICES To REVENUE MANAGEMENT. Filed by Revenue Management. (Kane, Dana)

388 Filed & Entered: 03/07/2008
Certificate of No Objection
Docket Text: Certificate of No Objection (No Order Required) Regarding Third Interim Application of Dorsey & Whitney LLP, Special Counsel to the Debtors and Debtors-in-Possession, for Compensation and Reimbursement of Expenses for the Period December 1, 2007 Through December 31, 2007 and Notice of Intent to Setoff Certain Pre-Petition Fees and Expenses Against Pre-Petition Retainer Filed by Dorsey & Whitney LLP. (Schnabel, Eric)

389 - Filed & Entered: 03/07/2008
Certificate of Service
Docket Text: Certificate of Service of Certificate of No Objection (No Order Required) Regarding Third Interim Application of Dorsey & Whitney LLP, Special Counsel to the Debtors and Debtors-in-Possession, for Compensation and Reimbursement of Expenses for the Period December 1, 2007 Through December 31, 2007 and Notice of Intent to Setoff Certain Pre-Petition Fees and Expenses Against Pre-Petition Retainer Filed by Dorsey & Whitney LLP. (Schnabel, Eric)

390 - Filed & Entered: 03/07/2008
Schedules/Statements
Docket Text: Schedules/Statements filed: Sch F,. (AMENDED Schedule F) of SCO Operations, Inc. [Related Docket No. 130] Filed by The SCO Group, Inc.. (Attachments: # (1) Certificate of Service and Service List) (O'Neill, James)

391 - Filed & Entered: 03/07/2008
Affidavit/Declaration of Service
Docket Text: Affidavit/Declaration of Service (related document(s)[360] ) Filed by Mesirow Financial Consulting, LLC. (Selzer, Sandra)


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