Novell Hearing Reset to February 1st in SCO v. Novell

Wednesday, December 29 2004 @ 11:11 AM EST

The hearing set for January on Novell's Motion to Dismiss in SCO v. Novell has been rescheduled for February 1st at 3:00. I know some of you were planning on attending on January 20, so be aware that there is no hearing on that date. Here are the clerk's notations:

11/16/04 - 60 Notice of Hearing filed : Motion hearing set for 3:00
1/20/05 for [35-1] motion to dismiss the Amended Complaint
To be held before Judge Kimball cc:atty ( Ntc generated
by: KJ) (blk) [Entry date 11/16/04]

12/28/04 - 61 Notice of Hearing filed : Motion hearing reset for 3:00
2/1/05 for [35-1] motion to dismiss the Amended Complaint
To be held before Judge Kimball cc:atty ( Ntc generated
by: KJ) (blk) [Entry date 12/28/04]

No. I don't know why. There are some filings in SCO v. IBM also.

In SCO v. IBM, SCO filed a Renewed Motion to Compel Discovery on December 23rd. What a coincidence. Just when some puffery shows up in the media embedded in an otherwise balanced article, hinting at secret things filed and SCO's discovery motion and their last chance in the courts, we find a filing about discovery. Another SCO filing about discovery.

SCO filed their memorandum in support as a sealed document, despite allying with G2 in their alleged quest for openness.

There is also this docket entry:

Docket Text: Substitution Exhibit 19 filed by plaintiff SCO Grp RE: [348-1] declaration of Jeremy O. Evans

That exhibit to the Evans declaration would be David Frasure's Deposition, the 1992 deposition in the BSDi case, the 200+ page PDF. His declaration in the current case is here. The documents are not yet on file electronically on Pacer, but as soon as they are, we'll have a clearer picture of what it all means. It's not wise to reach conclusions based only on a docket entry, as we've seen before. Sometimes there are notations in error. So we'll wait and see.

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