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SCO Files Motion to Seal Appendix to its Response and Motion to Shorten Notice
Tuesday, June 09 2009 @ 12:36 PM EDT

My, they stay up late in Utah. Here are some more filings in the SCO bankruptcy posted late yesterday and some today. SCO has filed two motions, one a Motion to Seal Debtors' Appendix to Their Response to Motions to Dismiss or Convert [PDF], because 55 pages and 118 footnotes isn't nearly enough. And the second motion is a Motion to Shorten Notice [PDF] Regarding Debtors' Motion to File Under Seal Debtors' Appendix. The rest are affidavits of service and various bookkeeping things of no consequence, so I'll show you the docket entries on those.

What does it mean? If you recall, the Response referenced an Appendix, but it wasn't filed simultaneously. The response was filed on June 5; the Appendix was referenced but still isn't filed, not even sealed. That's unusual indeed, particularly since SCO's Motion to Seal states they were both filed "contemporaneously". Instead we have a motion to seal it, without apparently filing it yet at all, filed on June 8. SCO says it wishes to protect *IBM*, because the appendix includes some confidential IBM memos. Old-timers here will recall how valiantly SCO has always scrupulously fought to keep IBM confidential memos from the public. Hardy har.

OK. So what is it really about?

Here's a stab in the dark. How about maybe SCO would like to slow this Mustang down? They request a hearing on this for June 22, with any objections to be filed on June 15. Yes, *that* June 15, the date set for the hearing on the motions to convert. So, I gather they hope to have an issue remaining, so that June 15 won't be The End. Let's face it. With SCO fighting for its life, the end is not necessarily nigh. Here are the filings:

06/08/2009 - 784 - Motion to Seal (RE: related document(s) 778 Response (B)). /Debtors' Motion to File Under Seal Debtors' Appendix to Their Response to Motions to Dismiss or Convert Filed by The SCO Group, Inc.. (Attachments: # 1 Proposed Form of Order) (Makowski, Kathleen) (Entered: 06/08/2009)

06/08/2009 - 785 - Motion to Shorten Notice Regarding Debtors' Motion to File Under Seal Debtors' Appendix to Their Response to Motions to Dismiss or Convert (related document(s) 778 , 784 ) Filed by The SCO Group, Inc.. (Attachments: # 1 Proposed Form of Order) (Makowski, Kathleen) (Entered: 06/08/2009)

06/09/2009 - 786 - Affidavit/Declaration of Service for service of Response to Motions to Dismiss or Convert Filed by United States Trustee (D.E. #750), International Business Machines Corporation (D.E. #751), and Novell, Inc. (D.E. #753) (related document(s) 778 ) Filed by The SCO Group, Inc.. (O'Neill, James) (Entered: 06/09/2009)

06/09/2009 - 787 - Certificate of Service for service of Objection to Claim Number by Claimant(s) Red Hat, Inc. (related document(s) 779 ) Filed by The SCO Group, Inc.. (O'Neill, James) (Entered: 06/09/2009)

06/09/2009 - 788 - Certificate of Service and Service List for service of Objection to Claim Number by Claimant(s) Novell, Inc. (related document(s) 780 ) Filed by The SCO Group, Inc.. (O'Neill, James) (Entered: 06/09/2009)

06/09/2009 - 789 - Certificate of Service and Service List for service of Objection to Claim Number by Claimant(s) Suse Linux GMBH (related document(s) 781 ) Filed by The SCO Group, Inc.. (O'Neill, James) (Entered: 06/09/2009)

06/09/2009 - 790 - Certificate of Service and Service List for service of Objection to Claim Number by Claimant(s) International Business Machines Corporation (related document(s) 782 ) Filed by The SCO Group, Inc.. (O'Neill, James) (Entered: 06/09/2009)


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