Message ID: 176295
Posted By: al_petrofsky
Posted On: 2004-09-02 21:49:00
Subject: AutoZone's emergency motion to stay
As I hoped it would, AutoZone has moved that Judge Jones cut
off this nonsense now. See scofacts.org/AZ-37.pdf
It sheds a lot of light on the goings-on I was speculating
about between the July 21 hearing and the August 6 order.
It turns out SCO and AutoZone could come to no agreement on
how the order should read, so they agreed to submit separate
proposed orders and let the judge decide. Then SCO failed
to ever submit a proposal, so Judge Jones finally signed
AutoZone's version after updating the dates on it.
SCO then twice delayed on providing its statement, and
finally gave it on Monday. The whole statement is included
in the pdf. It starts with "The court has permitted SCO to
conduct limited expedited discovery on this issue in order
to determine whether or not to file a motion for preliminary
injunctive relief". AutoZone responds "go suck an egg"
(non-literal quote) because Judge Jones said at the hearing
"if you don't have the right to a preliminary injunction,
you shouldn't proceed with discovery at all".
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