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Here Comes Michael Jacobs for Novell!
Tuesday, October 30 2007 @ 03:12 PM EDT

Whew! Morrison & Foerster has now sent in Michael Jacobs to add to the Novell team in the SCO bankruptcy. At last. The pro hac vice application was filed and entered today. He's paid his $25, and he's back on the job.

Since Jacobs took the lead in Utah for the Novell team there, I'm guessing that means he'll be in attendance at least for the hearing on Novell's motion to lift the stay and motion to be paid immediately on future undisputed royalties, and for SCO's two main motions, the emergency motion to sell its assets, keep its liabilities, so it can sue, sue, sue some more instead of paying Novell, as I like to think of it, and its motion to stay the arbitration in Switzerland, all to be heard on November 6. That should be some hearing. My, but bankruptcy court moves fast.

Here's the docket listing:

168 - Filed & Entered: 10/29/2007
Affidavit/Declaration of Service
Docket Text: Affidavit/Declaration of Service and Service List Regarding [Signed] Order Authorizing the Debtors to (I) Pay Severance and Accrued Benefits to Terminated Employees and (II) Continue Severance Policy (related document(s)[165] ) Filed by The SCO Group, Inc.. (O'Neill, James)

169 - Filed & Entered: 10/29/2007
Order on Motion to Seal
Docket Text: Order Granting Debtors' Motion To File Under Seal Documents And Data Subject To Debtors' Motion For Authorization To (I) Continue Prepetition Severance Policy Applicable To All Employees And (II) Pay Severence And Accrued Benefits To Employees Terminated Postpetition. (Related Doc# [118]). Signed on 10/25/2007. (BMT,)

170 - Filed & Entered: 10/30/2007
Motion to Appear pro hac vice (B)
Docket Text: Motion to Appear pro hac vice - Michael A. Jacobs. Receipt Number 149393, Filed by Novell, Inc.. (Nestor, Michael)


  


Here Comes Michael Jacobs for Novell! | 139 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections Here
Authored by: peterhenry on Tuesday, October 30 2007 @ 04:22 PM EDT
Please indicate error in title....

---
--We have met the enemy and he is us......Pogo

[ Reply to This | # ]

Here Comes Michael Jacobs for Novell!
Authored by: Anonymous on Tuesday, October 30 2007 @ 04:23 PM EDT
Ah to be a fly on the wall. Or what would be even better, live audio.

[ Reply to This | # ]

Here Comes Michael Jacobs for Novell!
Authored by: JamesK on Tuesday, October 30 2007 @ 04:25 PM EDT
I hope someone's planning on being there.


---
-rw-rw-rw- are the permissions of the beast.

[ Reply to This | # ]

Makes Sense
Authored by: rsteinmetz70112 on Tuesday, October 30 2007 @ 04:53 PM EDT
He's throughly familiar with the other litigation, APA and was around when SCO
said they had no plans to go bankrupt.

I imagine he'll carry much of the load at the hearing.

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | # ]

Off topic
Authored by: darkonc on Tuesday, October 30 2007 @ 04:53 PM EDT
Remember to make URLS <a href="http://example.com">clicky</a>.

---
Powerful, committed communication. Touching the jewel within each person and bringing it to life..

[ Reply to This | # ]

News Picks Notes
Authored by: darkonc on Tuesday, October 30 2007 @ 04:55 PM EDT
Not quite off topic -- just not on topic.

---
Powerful, committed communication. Touching the jewel within each person and bringing it to life..

[ Reply to This | # ]

Waiting for filings
Authored by: bezz on Tuesday, October 30 2007 @ 04:58 PM EDT
We'll see what Morrison & Foerster gets on the table in the form of filings.
There are a lot of critical issues SCO is trying to force and Novell has to
squash them before the BK gets out of hand.

The distressed asset sale is a farce and Novell needs to get the paperwork in
front of the judge for review. Next in order of importance is the motion to
lift stay, and that is critical, too. The arbitration and immediate payment are
not show-stoppers for Novell, but important, nonetheless.

BK moves fast at the first day hearing, but creditor objections demand more
serious by the judge. There is a lot on the table for November 6 and it will be
interesting to see how Novell handles it. The paperwork is more important than
the "speed dating" yak in the courtroom; it is important for Novell to
get the point across to the judge and at least restrain SCO from dissipating
assets until -- at least -- a creditors committee is set up. And SCO will not
get to cherry pick its creditors once the judge is aware there are a lot of
other interested parties out there (like the ones who requested to receive all
the paperwork).

[ Reply to This | # ]

Here Comes Michael Jacobs for Novell!
Authored by: Anonymous on Tuesday, October 30 2007 @ 05:44 PM EDT
Whew!
Is that good?

[ Reply to This | # ]

Here Comes Michael Jacobs for Novell!
Authored by: Anonymous on Tuesday, October 30 2007 @ 05:56 PM EDT
Rumor is that Novell is going to send in Dale Kimball.
Whew! At last!
What else is left?
An argument that makes sense?

[ Reply to This | # ]

  • Whew! Joke, joke. - Authored by: Anonymous on Tuesday, October 30 2007 @ 08:38 PM EDT
The Motion on Severance
Authored by: The Mad Hatter r on Tuesday, October 30 2007 @ 09:45 PM EDT

I read this, and it appears that the Judge has not actually approved the
severance policy, only the filing of documents relating to severance under seal.
Of course IANAL so if someone who is could read and confirm this it would be
appreciated.

As to the next date - hey this is better than following my favorite hockey team
(OK, OK, I know that if you are a Toronto Maple Leafs fan that all you can
expect is misery, but I've been a fan all my life, and it's an addiction that's
hard to break!)



---
Wayne

http://sourceforge.net/projects/twgs-toolkit/

[ Reply to This | # ]

There's slightly more to this than meets the eye
Authored by: devil's advocate on Wednesday, October 31 2007 @ 12:47 AM EDT
My guess is that Morris and Foerster are feeling the pressure - so many motions
to answer all at once and now SCO have got the speeding up motion approved. So
Jacobs, who knows the APA well can be brought in so they don't have to work out
all the gritty detail of the APA for themselves. This is an enormous gamble by
SCO. If M & F don't have enough time to respond well they might just win one
or two of these crucial motions, and then all hell can break loose. Hooray!
(sorry, joke).

[ Reply to This | # ]

"Sell litigation asset to reset lawsuits" strategy
Authored by: Khym Chanur on Wednesday, October 31 2007 @ 01:09 AM EDT

Is this something that could work, even in theory? The theory being that SCO sells the litigation assets to company A, the lawsuits all reset, company A shakes someone down for money and is either counter-sued by the victim or sued by a Linux distributor, company A sells the litigation assets to company B, and so on. Does there exist any sort of loophole in the U.S. legal system that would let this take place? If there isn't any loophole that would let it continue indefinitely, is there would that would make things reset on the very first SCO to company A sale?

---
Give a man a match, and he'll be warm for a minute, but set him on fire, and he'll be warm for the rest of his life. (Paraphrased from Terry Pratchett)

[ Reply to This | # ]

Sale Converts SCO to Acacia Troll Front
Authored by: Anonymous on Wednesday, October 31 2007 @ 10:14 AM EDT
One of the recent articles said that Acacia was creating shells to use for troll
suits and the sale proposed by SCO would convert them into this category... hmmm

[ Reply to This | # ]

The speed of the court
Authored by: darthaggie on Wednesday, October 31 2007 @ 12:07 PM EDT
My, but bankruptcy court moves fast.
Indeed. After the near-glacial speed of federal District Court, this is blindingly fast. Relevant sports analogies would be

Football (US): late in the 4th quarter with no timeouts.

Baseball: A hitter with a lifetime batting average of .150 steps into the box to face a 97 mph fireball throwing reliever.

Hockey: A rookie netminder facing a 100 mph slapshot from the point from a high scoring defenseman.

Don't blink, folks. You might miss something.

[ Reply to This | # ]

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