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To read comments to this article, go here
SCO Backs Slowly Toward the Door
Monday, March 31 2008 @ 05:55 PM EDT

SCO has settled a few things with the U.S. Trustee's office, withdrawing several motions, two "without prejudice". We'll get the details at the hearing on April 2, in courtroom 3, at 2 PM. I hope some of you can attend. And there's also a Notice of Agenda Matters, the proposed schedule for the day. What is so weird is that SCO is asking that the hearing on the things that were not settled, like the mountain of objections to their Disclosure Statement and plan to throw money to the Plan Sponsor, go forward as a status conference. It seems they plan on filing new documents:
Please take further notice that the Debtors intend to file amended pleadings regarding the Pending Matters and intend to discuss the scheduling of such amended pleadings and the substance of the changes to the amended pleadings at the Hearing.

As usual, they want to spring substantive matters on the other side without any opportunity to prepare in advance. OK. SCO's MO. So, what's a status conference?

With SCO, who knows? But this is what it normally means:

status conference n. a pre-trial meeting of attorneys before a judge required under Federal Rules of Procedure and in many states to inform the court as to how the case is proceeding, what discovery has been conducted (depositions, interrogatories, production of documents), any settlement negotiations, probable length of trial, and other matters relevant to moving the case toward trial. Court rules usually require the filing of a status conference statement prior to the conference. In Federal courts the status conference is also the occasion for setting a trial date.

So, as best as I can make out, they intend that nothing substantive happen that day, but everyone has to spend money to show up.

Here are the filings:

420 - Filed & Entered: 03/31/2008
Notice of Service
Docket Text: Notice of Service /Notice and Request for Status Conference (related document(s)[369], [346], [394] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Certificate of Service and Service List) (O'Neill, James)

421 - Filed & Entered: 03/31/2008
Notice of Matters Scheduled for Hearing (B)
Docket Text: Notice of Agenda of Matters Scheduled for Hearing 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. (Attachments: # (1) Certificate of Service and Service List) (Werkheiser, Rachel)

422 - Filed & Entered: 03/31/2008
Certificate of No Objection
Docket Text: Certificate of No Objection (No Order Required) Regarding Fifth Interim Application of Tanner LC for Compensation for Services and Reimbursement of Expenses as Accountants to the Debtors for the Period from February 2, 2008 through March 3, 2008 (related document(s)[386] ) Filed by The SCO Group, Inc.. (Attachments: # (1) Certificate of Service and Service List) (Werkheiser, Rachel)

So what is still pending? The plan to gift the Plan Sponsor, the Disclosure Statement, and SCO's motion to hurry up and schedule a cutoff date for filing claims.

What are the withdrawn matters? The US Trustee's motion to file portions of its objection to the bonus motion:

The United States Trustee will be withdrawing this motion after the hearing based upon a resolution reached with the Debtors, the terms of which will be announced at the hearing.

Also withdrawn is SCO's motion to pay incentive bonuses for October:

The Debtors will be withdrawing this motion without prejudice after the hearing based upon a resolution reached with the Office of the United States Trustee, the terms of which will be announced at the hearing.

Also, SCO's motion to present evidence and testimony under seal:

The Debtors will be withdrawing this motion without prejudice after the hearing based upon a resolution reached with the Office of the United States Trustee, the terms of which will be announced at the hearing.

As you know from earlier classes on SCO, without prejudice means they don't promise not to try again later. But I doubt it. I think they know the pending motions are doomed.


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