Wayne Gray filed a motion requesting either a transcript or an audio recording of the oral argument from last week in the appeal of SCO v. Novell. It was denied within 24 hours, without any responses from anyone having to be filed. Here is the one-sentence decision:
Upon consideration, this motion is denied. If I were Gray, I'd probably take that as a sign.
I take it as a sign, personally, that his other motion asking to file an amicus brief is likely on a slow train to nowhere with this court as well.
Here are the filings:
05/18/2009 - This entry has been removed from the docket. See document
filed entry of 5/18/09
You know the part that puzzles me? The rule in this court is that the parties can pay for their own audio or transcription service. What I wonder is whether an amicus would be accorded the same courtesy. If so, since he had applied and had not yet been turned down, might he have been able to record it himself, his attorney at least, at the hearing itself? For that matter, couldn't he or anyone have hired someone to take notes, even elaborate ones by someone who knows shorthand? I would think there were options available. Maybe he didn't know this court doesn't provide transcripts. I didn't. It's so unusual, it didn't enter my head. So perhaps that happened.
05/18/2009 - Open Document -  Motion filed by Movant Wayne R.
Gray for entry of order either releasing audio recording of oral
argument or releasing a certified transcript of oral argument. Served on
05/18/2009. Manner of Service: US mail. filed by Wayne R. Gray. Original
and. Served on 05/18/2009. Manner of Service: US mail.
05/19/2009 - Open Document -  - Order filed by Judges Lucero,
Baldock and McConnell Denying Movant Wayne R. Gray's request for an
order requiring release of the court's oral argument recording for this
matter, or in the alternative Mr. Gray seeks release of a certified copy
of the transcript. See 10th Cir. R. 34.1(E). Served on 05/19/2009.
I earlier thought of asking the parties if they'd let us have a transcript; but now it's clear it would be fruitless to make such a request in an environment like this, which is a crying shame.