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| Another New, New Lawyer for SCO; and Novell and SCO Update Exhibits: The Trial is Near |
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Sunday, April 20 2008 @ 12:57 PM EDT
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Another lamb to the slaughter, I fear, another new lawyer on the SCO team in SCO v. Novell, who I'm guessing drew the short straw. New in both senses. He passed the bar in 2005, and here he is, walking into the buzz saw called Morrison & Foerster. He must have been very, very naughty as a little boy, to deserve such a fate. I think we may safely guess that SCO's legal team is not expecting to win. Also, it may not be a factor here, but sometimes law firms send in new people when they want to say something that contradicts what they said before without risking a judge's ire. A new person can sometimes get away with apparent ignorance of what happened earlier. Two other possibilities: He's super duper great; alternatively, he's being sent for training purposes. And Novell has brought its exhibit list up to date, adding the David Melaugh materials from February and a Jeff Hunsaker deposition from 2006, among a list of other maybe items that it isn't possible to identify unless we had the Bates list. SCO has added to its exhibit list too.
Here are the filings: 514 -Filed & Entered: 04/15/2008
Motion for Admission Pro Hac Vice
Docket Text: MOTION for Admission Pro Hac Vice of Jason C. Cyrulnik, Registration fee $ 15, receipt number 4681023769, filed by Counter Defendant SCO Group, Plaintiff SCO Group. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Text of Proposed Order)(Hatch, Brent)
515 - Filed & Entered: 04/15/2008
Exhibit List(Proposed)
Docket Text: Proposed Exhibit List (Novell's Third Amended Rule 26 Pretrial Disclosures) by Defendant Novell, Inc... (Attachments: # (1) Exhibit C (Supplemental))(Sneddon, Heather)
516 - Filed & Entered: 04/16/2008
Exhibit List(Proposed)
Docket Text: Proposed Exhibit List (Supplemental) by Counter Defendant SCO Group.. (Normand, Edward)
517 - Filed & Entered: 04/17/2008
Order on Motion for Admission Pro Hac Vice
Docket Text: ORDER granting [514] Motion for Admission Pro Hac Vice of Jason C. Cyrulnik for SCO Group.
Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov.
Signed by Judge Dale A. Kimball on 4/16/08. (jwt)
And I'm very happy to tell you that we have a couple of volunteers who have committed to attending the trial for us. They'll probably take turns, so that all days can be covered. Of course, the more the merrier, if any of you are thinking of attending also. Just please, as always, remember to be respectful of all the court rules.
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| Authored by: fredex on Sunday, April 20 2008 @ 01:01 PM EDT |
| Put 'em here.... [ Reply to This | # ]
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| Authored by: fredex on Sunday, April 20 2008 @ 01:02 PM EDT |
Put yer Korreckshuns HERE!
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| Authored by: rsteinmetz70112 on Sunday, April 20 2008 @ 01:04 PM EDT |
Thanking the volunteers in advance.
I will wait for their reports hitting the refresh button obsessively.
Thanks again whoever you are.
---
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
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| Authored by: Anonymous on Sunday, April 20 2008 @ 01:17 PM EDT |
"How we deal with death is at least as important as how we deal with
life."[ Reply to This | # ]
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| Authored by: Anonymous on Sunday, April 20 2008 @ 01:46 PM EDT |
It sounds like you're implying that ignorance can be a virtue when it comes to
practicing law. And when the judge asks "Have you reviewed the trial
transcripts?", what then?[ Reply to This | # ]
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| Authored by: Anonymous on Sunday, April 20 2008 @ 01:56 PM EDT |
I believe in one of the conference calls after SCO paid BSF $25M Darl said part
of the deal was that David 'freakin' Boise had to make himself available for
trial.
This Novell issue is the issue that caused SCO to file for bankruptcy in the
first place. A loss here is literally death to the company. I believe
representation by Boise is a prepaid asset that SCO has spent a large amount of
money on. Failure to press for representation of that calibre when it has
already been paid for is gross negligence on SCOX.PQ.BK's part. Getting green
lawyers to appear when SCO has already paid for David Boise is a failure to
capitalize on asset. Which is very bad negligence of a company under bankrupcty
protection.
More drama for SCO.
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| Authored by: Anonymous on Sunday, April 20 2008 @ 02:03 PM EDT |
New in both senses. He passed the bar in 2005
BSF
might be just cutting their losses. His hourly billing rate within his firm
would be lower. BSF isn't getting paid any more than they already have for this.
SCO is going to lose anyway. So why would BSF spend a lot of money on it?
As far as the new lawyer is concerned, this is a great opportunity to get
experience. He isn't expected to win, so all he has to do is to avoid looking
too bad while he loses a hopeless case. I wouldn't spend too much time feeling
sorry for him. [ Reply to This | # ]
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| Authored by: Anonymous on Sunday, April 20 2008 @ 02:06 PM EDT |
| So what can SCO do this time to dodge the trial? [ Reply to This | # ]
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| Authored by: tce on Sunday, April 20 2008 @ 02:26 PM EDT |
If the new guy (and how could he help it?) is part of less then stellar
representation, then does that create some cover for BS&F's overall risk in
their responsibilities as Officers of the Court?[ Reply to This | # ]
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| Authored by: Anonymous on Sunday, April 20 2008 @ 02:31 PM EDT |
From his bio:
Education
Yale Law School, J.D., 2004; Senior Editor, Yale Law Journal
Yeshiva University, B.A., summa cum laude, Philosophy, 2001; Distinguished
Scholar; Editor-in-Chief, The Commentator, official undergraduate newspaper of
Yeshiva University
Clerkships
Hon. Nicholas G. Garaufis, United States District Court for the Eastern District
of New York, 2006-2007
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| Authored by: Anonymous on Sunday, April 20 2008 @ 02:37 PM EDT |
To: jcyrulnik@bsfllp.com
Subject: Best Wishes.
Jason,
"It appearing to the Court that Petitioner meets the pro hac vice admission
requirements of
DUCiv R 83-1.1(d), the motion for the admission pro hac vice of Jason C.
Cyrulnik in the United
States District Court, District of Utah in the subject case is GRANTED."
Good luck.
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| Authored by: blacklight on Sunday, April 20 2008 @ 02:47 PM EDT |
"Two other possibilities: He's super duper great; alternatively, he's being
sent for training purposes."
And pray tell this former country boy, how many times needs a lamb be trained to
be led to slaughter? :)
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Know your enemies well, because that's the only way you are going to defeat
them. And know your friends even better, just in case they become your enemies.[ Reply to This | # ]
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| Authored by: T. ProphetLactus on Sunday, April 20 2008 @ 03:18 PM EDT |
One might almost get the idea that there are persons on the scog's legal team
which do not wish to be physically in front of Judge Kimball and immediately
subject to his court's jurisdiction for some odd reason.
Don't suppose it has anything to do with the representation to the court that
they were not contemplating bankruptcy just before they declared bankruptcy?
Oh dear. Send in the new guy.
-TPL
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SCO!! Thy very name is a lie.[ Reply to This | # ]
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| Authored by: artp on Sunday, April 20 2008 @ 05:07 PM EDT |
Title of News Pick so we know what you're talking about.
Links are very helpful when the NewsPick has scrolled off the sidebar. And fof
those who are on RSS, or who won't take the time to look it up.
---
Userfriendly on WGA server outage:
When you're chained to an oar you don't think you should go down when the galley
sinks ?[ Reply to This | # ]
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