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Judge Campbell Rules: IBM Stays on Hold; SCO Loses Again
Friday, September 10 2010 @ 09:11 PM EDT

Judge Tena Campbell has today ruled against SCO, who had asked to go forward against IBM in SCO v. IBM, without letting IBM go forward on its most significant claims. "The court declines," her order says, to reopen anything now, because too much depends on what happens in SCO v. Novell, and it doesn't make sense to divide the two cases. Until the US Court of Appeals for the Tenth Circuit rules on SCO's recently filed appeal of its loss in SCO v. Novell, therefore, the SCO v. IBM case stays closed.

Here is the order:

09/10/2010 - 1093 - ORDER: court declines to re-open the case and resolve any motions - when the 10CCA has issued its decision in the Novell litigation (No. 10-4122), either party may move the court to re-open the case. Signed by Judge Tena Campbell on 9/10/10 (alt) (Entered: 09/10/2010)

Here's Groklaw's report on the status hearing where this matter was argued.

Here's the order as text, the first from Judge Campbell since she was assigned to this case:

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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION

_____________________

THE SCO GROUP, INC.,

Plaintiff,

vs.

INTERNATIONAL BUSINESS MACHINES CORPORATION,

Defendant.

_______________________

ORDER

Case No. 2:03-CV-294-TC

______________________

Plaintiff SCO Group, Inc. has requested that the court re-open this administratively closed case and rule on two of many motions pending in this matter. Defendant International Business Machines Corporation (IBM) contends that sister litigation now on appeal to the Tenth Circuit Court of Appeals (SCO Group, Inc. v. Novell, Case No. 2:04-CV-139, Appeal No. 10-4122 (the “Novell litigation”)) must be resolved before the court proceeds in the matter here (“the IBM litigation”).

The court, having reviewed orders and pleadings in the Novell litigation as well as pleadings in the IBM litigation, finds that the claims in the Novell litigation are inextricably intertwined with the claims in the IBM litigation. Accordingly, proceeding in the IBM litigation in the piecemeal manner suggested by SCO Group would be improper, would be an inefficient use of judicial resources, and would risk conflicting decisions.

The court declines to re-open the case and resolve any of the pending motions. When the Tenth Circuit Court of Appeals has issued its decision in the Novell litigation (No. 10-4122), either party may move the court to re-open the case. Until then, the matter will remain administratively closed.

SO ORDERED this 10th day of September, 2010.

BY THE COURT:

[signature]
TENA CAMPBELL
Chief Judge


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