SCO Must Pay DC's Costs & Attys Fees If It Refiles

Thursday, December 23 2004 @ 01:10 PM EST

Darl McBride during the recent conference call told us that the case against DaimlerChrysler had been dismissed without prejudice. "The court in Michigan denied our motion to stay, but based on a stipulation of the parties, the court entered an order of dismissal without prejudice that permits us to refile our claim later, if necessary."

I have just spoken with the clerk in the Michigan courthouse, and that isn't what she read to me over the phone, at least it isn't the whole story.

Here is what she read to me: that there is a Stipulated Order dismissing the case as of December 21. However, the Order says that if ever SCO refiles against DaimlerChrysler for breach of contract regarding an alleged failure to timely certify, it has to pay DC's costs and attorneys' fees going back to August 9th, the date of the judge's order denying in part and granting in part DC's Motion for Summary Disposition.

I'll leave it to you to decide if you got the whole story from the teleconference. If anyone is near the courthouse and can pick it up, that would be fabulous. Otherwise, it'll take a few days. The clerk had to stop reading because there were only two people in the office today, with the holiday, but she says there is a lot more in this order.

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