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SCO v. IBM Hearing Reassigned to Judge David Nuffer - Hearing Off For Now ~pj Updated
Monday, April 02 2012 @ 08:06 PM EDT

Can you believe it? The new judge assigned to the SCO v. IBM case, Judge Dee Benson, is now apparently off the case. He was, what? the fourth judge? Now a new one is assigned. How many times will this be happening? The judge who lost the musical chairs dance-around this time and will now be assigned is Judge David Nuffer.

On the Utah court's website, he's listed as both a Magistrate Judge and as a District Court Judge. I remember him as a Magistrate Judge and a bit of a techie, famous for saying "Computer gobbledy gook is not confusing or prejudicial" when a party was worried technical documents would confuse the jury, and now he's been promoted, as of March 22nd, when his nomination as US District Judge was approved. His reward is he gets handed this SCO hot potato. Anyway, *I'm* glad he is on the case. Heaven only knows how he's feeling.

This means if you were planning on attending the hearing on whether or not to reopen the case, scheduled for April 23, the docket notation indicates that date will be changed. So stay tuned and don't show up, unless you call the court first. We'll try to get more information.

Here's the docket:

1106 - Filed & Entered: 03/31/2012
REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge David Nuffer (DJ). Judge Dee Benson no longer assigned to the case. Case number will now read 2:03-cv-00294-DN. Please make changes to document captions accordingly. (asp)

Filed & Entered: 04/02/2012 - Notice Vacating Hearing
NOTICE VACATING MOTION REOPEN CASE HEARING set for 4/23/12 at 2:30 p.m. before Judge David Nuffer (moved from Judge Benson's calendar after reassignment) (asb)

- Filed & Entered: 04/02/2012
Deadlines/Hearings terminated. (asb)

Is this not the funniest litigation ever in the history of the world?

Update: On Judge Nuffer's tech cred, here's [PDF] one of his responses to questions he was asked when being considered for his current position:

9. As you know, the federal courts are facing enormous pressures as their caseload mounts. If confirmed, how do you intend to manage your caseload?

Response: Because the federal court dockets and documents are electronic, I have the ability to use management tools to track cases. I have worked with the Future Case Management design team in the U. S. Courts to develop even better management tools for judges and I have designed case and motion tracking tools that we use in our chambers. I personally review case status reports. I will continue to use the assistance of my designated case manager and law clerks to monitor and report on case progress and pending issues that can move cases forward.

See?

: )


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