Hearing Set on SCO's Motion to Compel Discovery in SCO v. IBM and Lots More

Friday, August 06 2004 @ 06:35 AM EDT

Contributed by: PJ

So we can synchronize our watches, a hearing has been set for arguments on SCO's Renewed Motion to Compel IBM to turn over every scrap of AIX and Dynix code since the universe began, with creators' notes. SCO also wants documents of high-level management and contact information. It has been set for September 2 at 10:00 AM. Judge Wells will preside at this hearing, because it's about discovery. [Cf. SCO's Memorandum in Support]

Pacer reveals that IBM asked for leave to file an overlength memorandum in opposition to SCO's Motion to Compel and got it, up to 14 pages in length. It should show up soon on Pacer, because it was entered on August 5. With that is a Declaration of Amy F. Sorenson with Exhibits. Sealed exhibits.

The September 15 hearing at 2 PM is still on, to hear arguments on SCO's Amended Motion to Dismiss or Stay Count Ten of IBM's 2nd Amended Counterclaims and IBM's Cross Motion for Partial Summary Judgment for Declaratory Judgment of Non-Infringement. This will be before Judge Kimball.

Here's the most interesting news. There is a new IBM Motion to Strike the 7/12/04 Declaration of Christopher Sontag, with supporting memorandum. It's hard to know what this is about until we see the Motion, because the Sontag Declaration was filed under seal. ("203 - SEALED DOCUMENT filed by SCO entitled: Declaration of Chris Sontag in Support of Reply Memorandum Regarding Discovery (blk) [Entry date 07/13/04]"). The Declaration of John Harrop made repeated reference to this Declaration of Chris Sontag, which gives us an idea of what it is about. See especially pages 21 through 23 and 32. A motion to strike indicates it didn't knock IBM's socks off at all, and they think there is nothing there. Hence their motion. The part I am not clear on, because of the way that Pacer lists it, is precisely what they are asking be stricken, so I am very much looking forward to reading this. The reply memorandum referenced is this SCO Reply Memorandum, I believe.

IBM has also sent SCO new interrogatories, the 5th set they have served on SCO. That means they are pursuing some new threads. So IBM is once again on the move. Unlike SCO, they didn't call a press conference or call up their favorite journalist to hint at what we might expect, how great their filing is, and how they will ultimately win in the end, and all that blah blah blah, but they are busy getting the job done.