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Gulf Capital Partners Enters (or Reenters?) the SCO Bankruptcy
Friday, June 12 2009 @ 05:11 PM EDT

Gulf Capital Partners, LLC wants to be heard in the SCO bankruptcy, I gather. There is a pro hac vice Motion to Appear [PDF] filed by Gulf Capital Partners, LLC.

There's more than one entity with that or a similar name, but I suspect that this one may be the Stephen Norris Gulf Capital Partners. Incidentally, or maybe not so incidentally, listed as a senior advisor on the principals page is Robert Kasten, who is also a consultant for the Alexis de Tocqueville Institution, which you will recall attacked Linux -- here's the infamous "report" [PDF] -- albeit unsuccessfully. Not that AdTI ever admitted defeat, as you can see on this incredible AdTI page, where they call Open Source software "open sores software" and reference both Maureen O'Gara and Paul Murphy -- small world, isn't it?

The think tank report on Linux was reportedly funded at least indirectly, by Microsoft. Microsoft admits funding AdTI, but not specific projects. And it called the report unhelpful. Of course, there are coincidences in life of the three degrees variety. So, just saying.

This should prove interesting. If it was money on the barrel head this exact minute, though, I don't think they'd need to send a lawyer to speak. So, what then? My best guess is that they may tell the court that money will really and truly appear if SCO wins the appeal. Hmm. That assumes facts not in evidence, as they say.

Here's the entry in the docket:

06/11/2009 - 800 - Affidavit/Declaration of Service of Kimberly A. Beck Regarding Novell's Reply to the Debtors' Opposition to Its Motion for Conversion (related document(s) 796 ) Filed by Novell, Inc.. (Greecher, Sean) (Entered: 06/11/2009)

06/12/2009 - 801 - Motion to Appear pro hac vice of Leslie Allen Bayles, Esquire. Receipt Number 156221, Filed by Gulf Capital Partners, LLC. (Conlan, Kelly) (Entered: 06/12/2009)

Ms. Bayles is an associate with the very reputable firm, Bryan Cave. She seems to specialize in bankruptcy:
Leslie Bayles has experience representing a large range of clients, including secured lenders, unsecured creditors and debtors. She has represented clients in bankruptcy-related litigation, including bankruptcy claim disputes and defense against large avoidance actions. Her experience also includes representing financial institutions in debtor-in-possession financing, as well as repossessions and foreclosures involving large equipment and aircraft across the country.
Maybe she can foreclose on the SCO blimp. Nah. Other side, I'm afraid. The firm is also sending a partner, Alan S. Pearce, according to another filing we see on the docket but haven't uploaded yet -- [ Update: we have it now.]:
802 - 6/12/2009 - Motion to Appear pro hac vice of Alan S. Pearce, Esquire. Receipt Number 158018, Filed by Gulf Capital Partners, LLC. (Conlan, Kelly)
Here's what he specializes in:
Alan Pearce focuses his practice on mergers, acquisitions, joint ventures, securities, financings, real estate investment trusts and general corporate matters. He represents public and privately held companies and executives in a wide variety of businesses including, real estate, finance, magazines, manufacturing and e-commerce. He has represented clients in various financing transactions, including public and private equity and debt offerings, securitizations and various institutional credit and loan transactions.
Sending a partner means someone cares enough about this to send the very best, as they say.

Or someone hates Linux enough.


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