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Bankruptcy court reschedules SCO omnibus hearing to Dec. 30 & Bert Young gets a job & Jeff Hunsaker loses one
Friday, November 13 2009 @ 06:50 AM EST

The omnibus hearing scheduled for December 22nd will be held on December 30th instead. That's the one on SUSE's motion to lift the stay, I believe, so it is one not to be missed.

And Bert Young has a new job. He is now CFO at a company called Benefitfocus, located in South Carolina.

Update: Jeff Hunsaker is out.

Here's an interview with CEO Shawn Jenkins, to give you the flavor of what they do. It's a software company. I understand it's a company that uses Linux to some degree, actually. I'm sure the techies there are simply thrilled to have Young in their midst. Note his bio leaves the SCO job off the list, which is the same pattern we noticed when he joined SCO in 2004. It must be hard to be an ex-SCO person. Or maybe it's just because he is stressing other skill sets now, like the ability to "handle rapid growth", not something he needed at SCO.

And I notice that the company is hiring, even looking for a general counsel, who will report to Young. They need a Senior Software Engineer (EDI and Java or .NET) too.

So, where did Darl McBride land, I wonder? I haven't heard anything yet. Maybe NASA could send him to the moon. I hear they found water there, so maybe he could bottle it and sell Moon Water from his Harley?

Here's the notice about the rescheduled omnibus hearing:

11/12/2009 - 958 - Notice of Adjourned/Rescheduled Hearing / Notice of Rescheduled Omnibus Hearing Filed by Edward N. Cahn, Chapter 11 Trustee for The SCO Group, Inc., et al.. Hearing scheduled for 12/30/2009 at 10:00 AM at US Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #3, Wilmington, Delaware. (Attachments: # 1 Certificate of Service) (Fatell, Bonnie) (Entered: 11/12/2009)
Omnibus means a bunch of things can all be heard that day, so what's left pending? I lost track myself. But Erwan has a list of what is on the agenda for the next two hearings:
20-Nov-2009:
[908] Order Setting Omnibus Hearing Dates.
[928] Berger Singerman's Motion to Amend Procedures for Interim Monthly
Compensation of Professionals
[935] Cahn Motion to Approve Settlement Agreement With AutoZone
[936] Cahn Motion to File Under Seal Exh A to Trustee's Motion to Approve
[941] Cahn Motion to Authorize Modification of Retention Order for Boies
[942] Wayne Gray's Motion for Relief from Stay

30-Dec-2009:
[908] Order Setting Omnibus Hearing Dates.
[951] Novell/SUSE's Motion for Relief from Stay Re Arbitration
[954] Motion to File Under Seal Exhibits to Declaration of Grant L. Kim
[958] Notice of Adjourned/Rescheduled Hearing

Here are Cahn's request to hire Boies Schiller under new terms and Wayne Gray's motion to lift the stay. And here's SUSE's motion for relief from the stay, so it can proceed with the arbitration in Europe. You can find all the others on our Bankruptcy Timeline page. Obviously, the one that matters is December 30th. If you can attend, please do.

Also, Pachuslki Stang has filed its 24th monthly bill:

11/12/2009 - 959 - Monthly Application for Compensation [Twenty-Fourth] and Reimbursement of Expenses as Co-Counsel to the Debtors and Debtors in Possession for the Period from August 1, 2009 Through August 31, 2009 Filed by Pachulski Stang Ziehl & Jones LLP. Objections due by 12/2/2009. (Attachments: # 1 Notice # 2 Exhibit A # 3 Certificate of Service and Service List) (Jones, Laura Davis) (Entered: 11/12/2009)

I know. It's a joke, bankruptcy court. SCO could have paid everyone when it all began. Now... it pays professionals to stay in bankruptcy court, with the noble goal set as exiting someday as a litigation troll.

And here's the update on Hunsaker, from SCO's 8K:

On November 13, 2009, Jeff F. Hunsaker, President and Chief Operating Officer, SCO Operations, Inc. (“SCO”) announced that he will be transitioning out of the company, effective immediately, to pursue other opportunities. Mr. Hunsaker will act as a consultant, subject to bankruptcy court approval, to SCO over the next several months in order to assist the company with its UNIX business opportunities. Senior management personnel of SCO, including Ken Nielsen, Chief Financial Officer, Alan Raymond, Vice President of Worldwide Sales, Andy Nagle, Senior Director of Engineering and Hans Bayer, Vice President of International Operations will collectively assume Mr. Hunsaker’s duties and will continue to manage the business and to serve SCO’s UNIX customers in conjunction with the Chapter 11 Trustee, Edward Cahn, and his advisors. Ryan Tibbitts, General Counsel, will continue to work with Mr. Cahn in directing and pursuing the company’s legal claims.
I love that part, assisting the company with its UNIX business opportunities. Which are legion, I'm sure.

Oh, and did you notice that Hans Bayer is Vice President of International Operations again? It's only when Darl is on the stand that he isn't. Now he is. Ah! Magic! SCO! Let me count the versions of your repulsive testimonies. In fact, I think we should do a chart. Let us begin...


  


Bankruptcy court reschedules SCO omnibus hearing to Dec. 30 & Bert Young gets a job & Jeff Hunsaker loses one | 216 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Bankruptcy court reschedules the SCO omnibus hearing to Dec. 30 & Bert Young gets a job
Authored by: Nivag on Friday, November 13 2009 @ 06:57 AM EST
The SCO Group Names Bert Young as Chief Financial Officer
SCO Adds to Executive Team and Creates New Department to Oversee Corporate
Development

ir.sco.com/releasedetail.cfm?ReleaseID=133278

LINDON, Utah, Apr 21, 2004 /PRNewswire-FirstCall via COMTEX/ -- The SCO Group,
Inc. (Nasdaq: SCOX), the owner of the UNIX® operating system and a leading
provider of UNIX-based solutions, today announced the expansion of its executive
team with the appointment of Bert Young as Chief Financial Officer. Young brings
to SCO a seasoned background in executive-level management responsibilities from
a variety of information technology companies including worldwide finance,
operations, mergers and acquisitions expertise.
[...]

[ Reply to This | # ]

Darl's landing
Authored by: Anonymous on Friday, November 13 2009 @ 07:23 AM EST
"So, where did Darl McBride land, I wonder? I haven't heard anything yet."

I wonder which of the "land" PJ meant? According to Wiktionary there are several "land". I guess that since DMcB has unsuccessfully been playing with sharks for some time, I think we can safely guess there hasn't been any sharks or foul fish landed by him anywhere, at all.

[ Reply to This | # ]

Off topic thread
Authored by: Peter Baker on Friday, November 13 2009 @ 07:40 AM EST
Replace the title with something more meaningful..

[ Reply to This | # ]

Corrections thread
Authored by: Peter Baker on Friday, November 13 2009 @ 07:42 AM EST
PJ doesn't make mistakes - they develop en route!

[ Reply to This | # ]

Newspick comments thread
Authored by: Peter Baker on Friday, November 13 2009 @ 07:43 AM EST
You know the drill - update the subject..

[ Reply to This | # ]

Be fair to Bert Young
Authored by: Anonymous on Friday, November 13 2009 @ 09:34 AM EST

As CFO, the main part of his job at SCO was to oversee the accounting procedures. Part of this is keeping the rest of the senior management team informed about the financial state of the company, but it also includes setting up procedures to ensure that expenditures are properly authorised, procedures to issue purchase orders, match invoices with purchase orders and pay them, check whether managers are overspending their budgets, etc. And of course tax compliance. All the accountants in the company would be in his organisation. The CFO has to ensure that when the auditors come in and ask to see the "paper trail" authorising some item of expenditure, they can be shown the requests signed by someone allowed to authorise that level of expenditure, and checked by an accountant.

Whether the expenditures make any kind of business sense is not for the CFO to judge. It's just not his job. As far as I can see, the CFO is probably the only senior SCO executive who is blameless.

[ Reply to This | # ]

The Young move was cited in May 2008 article
Authored by: Anonymous on Friday, November 13 2009 @ 11:30 AM EST
Link to May 2008 Article

Young's new gig has already been noted in a GL article from May 2008.

The BenefitFocus founder bought the rump Eclipse Aviation out of bankruptcy. That is interesting because of the massive MSFT money and Ed Iacobucci were involved in the pre-bankruptcy iteration.

The May 2008 article was headlined because Sandy Gupta showed up in MSFT pre-release with a job.

Sandy Gupta's facebook and other social networks don't show evidence he is still at MSFT (or ever actually went to work). The main set of social connections is a Arizona Career counseling seminar-- raising the possibility that Gupta is unemployed and trying to get another gig.

[ Reply to This | # ]

Darl is mulling an opportunity
Authored by: kawabago on Friday, November 13 2009 @ 12:50 PM EST
He is considering joining a Russian multi-national which focuses on monetizing
other peoples personal information.

[ Reply to This | # ]

how frakin long can this go on
Authored by: Anonymous on Friday, November 13 2009 @ 01:13 PM EST
2003 started....its almost 2010
what a joke of a legal system.

[ Reply to This | # ]

SCO could have paid everyone
Authored by: The Mad Hatter r on Friday, November 13 2009 @ 01:32 PM EST

I know. It's a joke, bankruptcy court. SCO could have paid everyone when it all began. Now... it pays professionals to stay in bankruptcy court, with the noble goal set as exiting someday as a litigation troll.


Could have, but either dreams of the pot of gold at the end of the litigation rainbow, or encouragement from another interested party meant that they didn't.

Maybe I'm too litigious myself, but if I was a shareholder, I'd be trying to get the police to investigate the actions of the management team, in view of a possible lawsuit against them. It could be argued that those actions were fraudulent, i.e. that the management team defrauded the investors. I don't know what the law says about this. I do know that I think that management did not act in the best interest of the shareholders. At least, that's my personal feeling. I have no doubt that Darl will disagree with me.

---
Wayne

http://crankyoldnutcase.blogspot.com/

[ Reply to This | # ]

Bankruptcy court reschedules the SCO omnibus hearing to Dec. 30 & Bert Young gets a job
Authored by: Lazarus on Friday, November 13 2009 @ 01:38 PM EST
I had to actually look up BenefitFocus to make sure it wasn't the company I used
to work for... it doesn't look like it is, but I'll check with a couple people
back in Carolina to make sure.

There was an awful lot of name changing going on when I left.

---
Any incoherancies on my part should be blamed on my use of Vicodin.
Unfortunately, it's for my back, so I'm not quite a House clone.

[ Reply to This | # ]

Bankruptcy court reschedules the SCO omnibus hearing to Dec. 30 & Bert Young gets a job
Authored by: Anonymous on Friday, November 13 2009 @ 02:02 PM EST
Now that Daryl is gone, will they be able to get the work done during the
Christmas Holidays?

[ Reply to This | # ]

Breaking: Hunsaker is out too!!!
Authored by: _Arthur on Friday, November 13 2009 @ 05:42 PM EST
8K:
Item 5.02 Departure of Directors or Certain Officers

On November 13, 2009, Jeff F. Hunsaker, President and Chief Operating
Officer, SCO Operations, Inc. (“SCO”) announced that he will be transitioning
out of the company, effective immediately, to pursue other opportunities. Mr.
Hunsaker will act as a consultant, subject to bankruptcy court approval, to
SCO over the next several months in order to assist the company with its
UNIX business opportunities. Senior management personnel of SCO, including
Ken Nielsen, Chief Financial Officer, Alan Raymond, Vice President of
Worldwide Sales, Andy Nagle, Senior Director of Engineering and Hans Bayer,
Vice President of International Operations will collectively assume Mr.
Hunsaker’s duties and will continue to manage the business and to serve
SCO’s UNIX customers in conjunction with the Chapter 11 Trustee, Edward
Cahn, and his advisors. Ryan Tibbitts, General Counsel, will continue to work
with Mr. Cahn in directing and pursuing the company’s legal claims.

http://www.sec.gov/Archives/edgar/data/1102542/000114420409058996/
v166232_8k.htm

[ Reply to This | # ]

New MOG article on Sys-Con
Authored by: _Arthur on Friday, November 13 2009 @ 05:43 PM EST
About Novell's heinous attempt to consolidate the case and restart Arbitration.

[ Reply to This | # ]

So, where did Darl McBride land, I wonder?
Authored by: rsi on Friday, November 13 2009 @ 06:55 PM EST
So, where did Darl McBride land, I wonder? I haven't heard anything yet.

I CANNOT imagine that ANY company would EVER hire him again! Considering he sues former employers, and ran SCO right into the ground, while angering the ENTIRE Computer Industry, WHY??? Even Balmer can't be THAT stupid! ;^)

PJ: You can't imagine how hard it was to write this without using slightly stronger language that you would NOT approve! ;^)

[ Reply to This | # ]

Bottled Moon Water
Authored by: trevorteusc on Friday, November 13 2009 @ 09:04 PM EST

"....maybe he could bottle it and sell Moon Water from his Harley?"

I about had a heart attack from laughing at that.

Sadly, however, I could see him trying it.

[ Reply to This | # ]

Docket #960, Ed objects to Wayne
Authored by: _Arthur on Friday, November 13 2009 @ 09:14 PM EST
#960 Objection Of Chapter 11 Trustee To Motion Of Wayne R. Gray For Entry Of
Order Lifting Automatic Stay To Permit The Debtor, The SCO Group, Inc., To
Participate In Florida Federal Court Action And Pending Eleventh Circuit Court
Of
Appeals Proceeding

"To characterize the Gray Stay Relief Motion as highly irregular is an
understatement. It asks this Court to direct a Chapter 11 Trustee to analyze
and
defend a lawsuit in which the debtor is a named defendant, solely to benefit
Gray’s claims against a non-debtor third party. "

[ Reply to This | # ]

Bayer's views: check this out, folks!
Authored by: Anonymous on Saturday, November 14 2009 @ 04:13 AM EST

For those who have not done so, it's entertaining to read the testimony from the marathon July 27 hearing about Bayer's emails. Here's just a teaser extract from Bayer's email to Norris:

"The whole concept of Mobile is another one of Darl's weird dreams where he thought he had found the next big thing, but reality shows we have spent millions of dollars into developing something which nobody needs and wants. We have no customers and no revenue stream for our mobile products. And again, he is chasing something which isn't for real."

There's more, much more. It's all here , brought out during Marriott's devastating cross-examination of Darl McBride. Mr Bayer seems to be a sensible guy with his feet on the ground.

Another entertaining spot in that cross-examination was where Spector tried to come to McBride's rescue after Marriott had skewered him, and says to the court - and I quote -

"We're not saying they're false. We're saying they were incorrect."

[ Reply to This | # ]

Where is Nagle's Bio?
Authored by: sk43 on Saturday, November 14 2009 @ 08:49 AM EST
The SCO Executive Profiles page needs another refresh. Surely Nagle, the Senior Director of Engineering deserves to be listed.

For that matter, why not add Bill Broderick? With the board members all gone, there's lots of space left on the page.

[ Reply to This | # ]

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