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Two More US Trustee Motions as text, More Bankruptcy Filings, and a Note on SCO v. Novell's Docket
Saturday, March 15 2008 @ 11:01 PM EDT

Let's catch up on all the filings in the bankruptcy. The US Trustee's Office has filed two more motions regarding the SCO incentive bonuses. One says the US Trustee will file redacted and unredacted versions of its Objection, but in the event SCO loses its motion to seal, it would like the redacted parts made public. Here's the meat of it:
7. As noted in the U.S. Trustee's objection to the Seal Motion, the U.S. Trustee strongly disagrees with the Debtors' request for relief made therein. Pending a hearing on the Seal Motion, however, the U.S. Trustee will file both a redacted copy of her objection to the Bonus Motion and an unredacted copy of the objection under seal. In the event that the Seal Motion is denied in whole or in part, the U.S. Trustee submits that it will be appropriate for this Court to consider whether all or part of the redacted portions of the U.S. Trustee's objection to the Bonus Motion can be filed publicly.

The other motion is to limit who gets notice of the Motion to just the lawyers:

2. The U.S. Trustee requests that this Court limit notice of the Motion to the following parties: co-counsel to the Debtors, counsel to Novell, and counsel to IBM. Parties with a current interest in the cases will receive electronic notification of the filing of the Motion. The U.S. Trustee submits that the proposed manner of notice is reasonable given the nature of the relief requested in the Motion.

As you see, while the US Trustee's Office strongly opposes SCO's request for confidentiality, it nevertheless respects the court's right to decide what is and is not made public. Groklaw will do the same. The hearing on all this will be on April 2, so we don't have long to wait. I have both motions for you as text. But first, there's a notation in the docket in SCO v. Novell to tell you about:

Filed & Entered: 03/14/2008 Motions No Longer Referred Docket Text: Motions No Longer Referred: [505]Sealed Motion is before Judge Kimball (jwt)

We're getting close to the trial now in Utah, and as you recall the judge has scheduled summary judgment motions to be heard on the day after the trial begins, in a special carved out time on April 30. Magistrate judges hear pretrial motions, and that function is done.

Here are all the bankruptcy filings:

392 - Filed & Entered: 03/10/2008
Notice of Service
Docket Text: Notice of Service /Notice of Amendments to Schedules of Liabilities and Time to File Claims in Response to Such Amendments (related document(s)[390] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Amended Summary of Schedules # (2) Certificate of Service and Service List) (O'Neill, James)

393 - Filed & Entered: 03/10/2008
Application for Compensation
Docket Text: Monthly Application for Compensation Fourth Monthly Fee Application of Dorsey & Whitney LLP, Special Counsel to the Debtors and Debtors-in-Possession for the Period January 1, 2008 through January 31, 2008 Filed by Dorsey & Whitney LLP. Objections due by 3/31/2008. (Attachments: # (1) Exhibit A # (2) Exhibit B # (3) Exhibit C # (4) Exhibit D # (5) Notice Notice of Fourth Monthly Fee Application) (Schnabel, Eric)

394 - Filed & Entered: 03/11/2008
Motion to Approve (B)
Docket Text: Motion to Approve (I) Scheduling the Confirmation Hearing; (II) Approving Form and Contents of Solicitation Package; (III) Approving Form and Manner of Notice of the Confirmation Hearing; (IV) Establishing Record Date and Approving Procedures for Distribution of Solicitation Packages; (V) Approving Forms of Ballot; (VI) Establishing Voting Deadline for Receipt of Ballots; (VII) Approving Procedures for Vote Tabulations; (VIII) Establishing Deadline and Procedures for Filing Objections to Confirmation of the Plan; and (IX) Granting Related Relief Filed by The SCO Group, Inc.. Hearing scheduled for 4/2/2008 at 02:00 PM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. Objections due by 3/26/2008. (Attachments: # (1) Notice # (2) Exhibit A # (3) Exhibit B # (4) Exhibit C # (5) Exhibit D # (6) Proposed Form of Order # (7) Certificate of Service and Service List) (O'Neill, James)

395 - Filed & Entered: 03/12/2008
Affidavit/Declaration of Service
Docket Text: Affidavit/Declaration of Service Regarding Notice of Schedule Amendments and Proof of Claim Form. (related document(s)[390] ) Filed by The SCO Group, Inc.. (O'Neill, James)

396 - Filed & Entered: 03/12/2008
Affidavit/Declaration of Service
Docket Text: Affidavit/Declaration of Service Regarding Notice of Bar Date for Filing Proof of Claim Form and Proof of Claim Form (related document(s)[380] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Part 2 # (2) Part 3 # (3) Part 4) (O'Neill, James)

397 - Filed & Entered: 03/13/2008
Affidavit/Declaration of Service
Docket Text: Affidavit/Declaration of Service of Epiq Bankruptcy Solutions, LLC, Regarding Notice of Transfer of Claim (related document(s)[387] ) Filed by The SCO Group, Inc.. (Werkheiser, Rachel)

400 - Filed: 03/14/2008
Entered: 03/15/2008
Motion to File Under Seal (B)
Docket Text: Motion to File Under Seal the Redacted Parts of the United States Trustee's Objection to the Debtors' Bonus Motion Pending a Hearing on the Debtors' Seal Motion Filed by United States Trustee. Hearing scheduled for 4/2/2008 at 02:00 PM at US District Court, 844 King St., Courtroom #3, Wilmington, Delaware. Objections due by 3/26/2008. (Attachments: # (1) Notice of Motion # (2) Proposed Form of Order # (3) Certificate of Service) (McMahon Jr., Joseph)

401 - Filed: 03/14/2008
Entered: 03/15/2008
Motion to Limit Notice (B)
Docket Text: Motion to Limit Notice re: Motion to File Under Seal the Redacted Parts of the United States Trustee's Objection to the Debtors' Bonus Motion Pending a Hearing on the Debtors' Seal Motion (related document(s)[400] ) Filed by United States Trustee. Hearing scheduled for 4/2/2008 at 02:00 PM at US District Court, 844 King St., Courtroom #3, Wilmington, Delaware. Objections due by 3/26/2008. (McMahon Jr., Joseph)

Here are the two motions, 400 and 401, as text:

******************************

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

In re

THE SCO GROUP, INC., et al.,

Debtors

Chapter 11

Case Number 07-11337 (KG)
(Jointly Administered)
Hearing Date: April 2, 2008 at 2:00 P.M.

MOTION OF THE UNITED STATES TRUSTEE FOR AN ORDER AUTHORIZING
THE FILING OF CERTAIN PARTS OF HER OBJECTION TO THE BONUS MOTION
UNDER SEAL PENDING A HEARING ON THE DEBTORS' SEAL MOTION

In support of her motion for an order authorizing the filing of certain parts of her objection to the Debtors' bonus motion under seal pending a hearing on the Debtors' motion to seal certain information in connection with that matter (the "Motion"), Kelly Beaudin Stapleton, United States Trustee for Region 3 ("U.S. Trustee"), by and through her counsel, avers:

INTRODUCTION

1. Under (i) 28 U.S.C. 1334, (ii) (an) applicable order(s) of the United States District Court for the District of Delaware issued pursuant to 28 U.S.C. 157(a), and (iii) 28 U.S.C. 157(b)(2), this Court has jurisdiction to hear and determine the Motion.

2. Under 28 U.S.C. 586, the U.S. Trustee has an overarching responsibility to enforce the laws as written by Congress and interpreted by the courts. See United States Trustee v. Columbia Gas Sys., Inc. (In re Columbia Gas Sys., Inc.), 33 F.3d 294, 295-96 (3d Cir. 1994) (noting that U.S. Trustee has "public interest standing" under 11 U.S.C. 307 which goes beyond mere pecuniary interest); Morgenstern v. Revco D.S., Inc. (In re Revco D.S., Inc.), 898 F.2d 498, 500 (6th Cir. 1990) (describing the U.S. Trustee as a "watchdog").

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3. Under 11 U.S.C. 307, the U.S. Trustee has standing to be heard on the Motion.

GROUNDS/BASIS FOR RELIEF

4. On February 13, 2008, the Debtors filed their motion for a determination that the incentive bonuses for the quarter ending October 31, 2007 were paid in the ordinary course of the Debtors' business and for continuing authority to pay ordinary course of business incentive bonuses (the "Bonus Motion") (Docket Entry # 344).

5. On February 13, 2008, the Debtors filed their motion to present evidence and testimony related to the Debtors' 2007 incentive program under seal (the "Seal Motion") (Docket Entry # 345).

6. On the same date as the filing of this Motion, the U.S. Trustee filed her objection to the Bonus Motion. The objection necessarily discusses certain information which the Debtors identify in the Seal Motion as information which should be kept under seal.

7. As noted in the U.S. Trustee's objection to the Seal Motion, the U.S. Trustee strongly disagrees with the Debtors' request for relief made therein. Pending a hearing on the Seal Motion, however, the U.S. Trustee will file both a redacted copy of her objection to the Bonus Motion and an unredacted copy of the objection under seal. In the event that the Seal Motion is denied in whole or in part, the U.S. Trustee submits that it will be appropriate for this Court to consider whether all or part of the redacted portions of the U.S. Trustee's objection to the Bonus Motion can be filed publicly.

2

CONCLUSION

WHEREFORE the U.S. Trustee requests that this Court authorize the filing of the redacted parts of the U.S. Trustee's objection to the Bonus Motion under seal pending a hearing on the Seal Motion.

Respectfully submitted,

KELLY BEAUDIN STAPLETON
UNITED STATES TRUSTEE

BY: /s/ Joseph J. McMahon, Jr.
Joseph J. McMahon, Jr., Esquire (# 4819)
Trial Attorney
United States Department of Justice
Office of the United States Trustee
[address, phone, fax]

Date: March 14, 2008

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**************************************
**************************************

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE

In re

THE SCO GROUP, INC., et al.,

Debtors

Chapter 11

Case Number 07-11337 (KG)
(Jointly Administered)

Hearing Date: April 2, 2008 at 2:00 P.M.
Objection Deadline: March 26, 2008

MOTION TO LIMIT NOTICE RELATED TO
MOTION OF THE UNITED STATES TRUSTEE FOR AN ORDER AUTHORIZING
THE FILING OF CERTAIN PARTS OF HER OBJECTION TO THE BONUS MOTION
UNDER SEAL PENDING A HEARING ON THE DEBTORS' SEAL MOTION
(DOCKET ENTRY # 400)

In support of her motion to limit notice of her motion for an order authorizing the filing of certain parts of her objection to the Debtors' bonus motion under seal pending a hearing on the Debtors' motion to seal certain information in connection with that matter (the "Motion"), Kelly Beaudin Stapleton, United States Trustee for Region 3 ("U.S. Trustee"), by and through her counsel, avers:

1. Absent the order proposed herewith, notice of the Motion would be governed by Local Bankruptcy Rule 2002-1(b), which requires service on "counsel for the debtor, the United States Trustee, counsel for all official committees, all parties who file a request for service of notices pursuant to Fed. R. Bankr. P. 2002(i) and all parties whose rights are affected by the motion." Local Bankr. R. 2002-1(b).

2. The U.S. Trustee requests that this Court limit notice of the Motion to the following parties: co-counsel to the Debtors, counsel to Novell, and counsel to IBM. Parties with a current

1

interest in the cases will receive electronic notification of the filing of the Motion. The U.S. Trustee submits that the proposed manner of notice is reasonable given the nature of the relief requested in the Motion.

WHEREFORE the U.S. Trustee requests that this Court limit notice of the Motion as provided herein. Respectfully submitted,

KELLY BEAUDIN STAPLETON
UNITED STATES TRUSTEE

BY: /s/ Joseph J. McMahon, Jr.
Joseph J. McMahon, Jr., Esquire (# 4819)
Trial Attorney
United States Department of Justice
Office of the United States Trustee
[address, phone, fax]

Date: March 15, 2008

APPROVED BY THE COURT:

__________________________
The Honorable Kevin Gross
United States Bankruptcy Judge

Date: April 2, 2008

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