The Novell Hearing, set for the 15th of September at 2:00, has been vacated. No new time set. Evidently, as we thought might be the case, there was an error in the notice of hearing. Pacer has the clerk's notation like this:
9/1/04 45 Notice of VACATED Hearing filed : Hearing set for 9/15/04 at 2:00 p.m. set in error therefore is VACATED cc:atty (Ntc generated by: BK) (blk) [Entry date 09/01/04]
This is why I always say you can't go just by what you see on Pacer. We contacted the court, and they were surprised to learn that both the IBM and the Novell hearings were scheduled for the same time period. Obviously, it wasn't intended that way.
On the IBM front, SCO has been granted permission to file their overlength memorandum regarding their Motion to Compel Discovery. And on oral arguments on IBM, Pacer records this:
8/27/04 262 - Notice of Hearing filed : Motion hearing set for 2:30 12/9/04 for [233-1] motion for partial summary judgment on its counterclaim for copyright infringement (eighth counterclaim), set for 2:30 12/9/04 for [225-1] motion for partial summary judgment on Breach of Contract Claims. (Oral Argument Requested) To be held before Judge Kimball cc:atty ( Ntc generated by: KJ) (blk) [Entry date 08/27/04]
9/1/04 268 Notice of Hearing filed : Motion hearing set for 2:00 9/15/04 for [152-1] cross motion for partial summary judgment on claim for declaratory judgment of non-infringement, set for 2:00 9/15/04 for [144-1] amended motion to Dismiss To be held before Judge Kimball cc:atty ( Ntc generated by: KJ) (blk) [Entry date 09/01/04]
This makes more sense. Be aware some of the links may take a few minutes to resolve properly.