Today was originally scheduled for a hearing in the SCO v. DaimlerChrysler case, to hear DC's Motion for Summary Disposition. It was postponed on June 1, it turns out, and it is now set for July 21, 2004, on stipulation of the parties.
This court is so not in the Information Age yet. No Pacer. No public digital access that I've yet found for free reading of legal documents filed with the court. Maybe this new court decision will inspire them: A federal appeals court in New York City, which is in the 2d Circuit, ruled on June 8 that the public has a qualified First Amendment right to inspect docket sheets. The court pointed out that the public's right to attend civil and criminal cases would be "merely theoretical" if docket sheet info is not available.
Today was Exhibit A. Our representative, eggplant37, set aside the time to go by the court for the hearing, but happily, I'd told him to always call the court first to make sure, so he didn't waste a trip. That's how we found out the hearing had been postponed. Actually, he did go to the court house anyway, because it was the only way to get a copy of the order. Exhibit B.
The 2d Circuit decision has immediate application in the state of Connecticut, where much docket sheet information has been kept in a dungeon for decades. Some information about cases wasn't even recorded on docket sheets, evidently to protect the famous. There are footnotes about the case that still have to work their way through the legal process, but it's a big win for the public's right, including the media, to know what is going on. You can read the opinion of the US Court of Appeals, if it interests you. And here is the new schedule from Michigan:
STATE OF MICHIGAN
IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND
THE SCO GROUP, INC.,
a Delaware corporation,
CORPORATION, a Delaware
Civil Action No. 04-056587-CK
Honorable Rae Lee Chabot
Joel H. Serlin (P20224)
Barry M. Rosenbaum (P26487)
Attorneys for Plaintiff
James P. Feeney (P13335)
Thomas S. Bishoff (P53753)
Stephen L. Tupper (P53918)
Attorney for Defendants
AMENDED SUMMARY DISPOSITION SCHEDULING ORDER
At a session of said Court, held in the City of Pontiac, County of Oakland, State of Michigan, on June 1, 2004
PRESENT: HON. RAE LEE CHABOT
The parties, through their respective counsel, having stipulated to the entry of this Order, and the Court being more fully advised in the premises:
NOW, THEREFORE, IT IS HEREBY ORDERED that the Court's Summary Disposition Scheduling Order dated May 4, 2004 regarding Defendant's Motion for Summary Disposition be amended as follows: