Message ID: 389787
Posted By: al_petrofsky
Posted On: 2006-07-12 03:04:00
Subject: SCO's Objections due Thurs, July 20

Sorry I keep pushing this date out, but I was forgetting that Magistrate Judge Wells replaced the June 28 order with a slightly modified order, and the modified order (which is now the operative one) wasn't served until June 30. From June 30, 10 business days per Rules 72(a) and 6(a) is July 17 (skipping Independence Day), and three additional days per Rule 6(e) puts the deadline at July 20.

As I said in the parent post, SCO only waited until the 7th business day the first time it filed objections, so it's certainly possible that SCO will file objections any day now, despite when the deadline is.

To respond to something I saw elcorton say:

> I think they will object ... As for
> BSF, no courtroom time is involved

I, too, expect SCO will object to this order (see msg 385065). However, I also expect that Judge Kimball will hold a hearing on the objections. This order effectively disposes of a significant portion of SCO's case. To date, Judge Kimball has never issued a ruling on anything even close to this significant without hearing the matter first.

Actually, there was one unfortunate exception to that: the parts of his February 2005 order that denied without prejudice two of IBM's motions for partial summary judgment and ordered that they not be filed again until "the close of discovery", a date that was undefined at that time, and is now on its third subsequent definition (see msg 387434).

He held no hearing on those motions, and he even ruled before IBM's reply briefs were due. However, the denials were without prejudice (assuming that "the close of discovery" will actually someday arrive), and thus they were less final than an overruling of objections to Wells's sanctions order.

The text of this Yahoo Message Board post has been licensed for copying and distribution by the Yahoo Message Board user "al_petrofsky" under the following license: License: CCL Attribution-NonCommercial-ShareAlike v2.0.

Copyright 2006 Yahoo! SCOX. Messages are owned by the individual posters.