|
|
| Novell's Reply to SCO's Opposition to Consolidation/One Judge |
 |
|
Monday, November 30 2009 @ 08:31 PM EST
|
Novell has filed its Reply [PDF] to SCO's Response Concerning Novell's Notice of Related Proceeding, which asks the new judge now assigned to the Novell case in Utah, Hon. Ted Stewart, to consolidate the two cases, SCO v. IBM and SCO v. Novell, or in the alternative to at least assign the same judge to both, which SCO opposes. Novell's position is that the two cases were assigned to the same judge before, and for some very good reasons they should still be with one judge.
The docket:
11/30/2009 - 604 - RESPONSE re 600 Notice (Other), filed by Defendant Novell, Inc.. (Sneddon, Heather) (Entered: 11/30/2009)
From the filing:SCO devotes most of its response to its argument that the consolidation of this case with SCO v. IBM does not make sense because no such request was made before and the cases are too complicated. SCO, however, fails to explain why the two cases should not be assigned to the same judge, as they were before Judge Kimball recused himself. SCO also does not deny that there is substantial overlap between the cases, especially with regard to the core copyright infringement claims.
As an initial matter, consolidation and/or assignment to the same judge was unnecessary before, given that both cases already were assigned to Judge Kimball, who repeatedly recognized their extensive overlap. Further, the fact that both cases are quite complicated is precisely the reason why they should be assigned to the same judge or consolidated. Familiarity with the facts and issues in one case will make it much easier to decide similar issues in the other case, as is evident from Judge Kimball's rulings.
Novell asks that the case be assigned to Chief Judge Tena Campbell, who will be presiding over SCO v. IBM or consolidate it with SCO v. IBM, "so as to promote the efficient administration and prompt resolution of both cases."
Just guessing, but I'm thinking they would also prefer a judge who doesn't have a close relationship with the father of SCO's attorney, Brent Hatch. There is, after all, a smell to that, rightly or wrongly. And Judge Stewart does have that background. So, unless he sends the case elsewhere, every time SCO wins a point on a ruling, many who believe SCO has no legitimate claims against Linux will assume the worst. It's one reason why judges recuse themselves, to avoid even causing the impression that the fix is in.
|
|
|
|
| Authored by: entre on Monday, November 30 2009 @ 08:36 PM EST |
| Corrections Here if needed... [ Reply to This | # ]
|
| |
| Authored by: LocoYokel on Monday, November 30 2009 @ 08:50 PM EST |
Yes there is already one, but it isn't titled noticeably.
Title error -> correction.
Thanks
[ Reply to This | # ]
|
| |
| Authored by: LocoYokel on Monday, November 30 2009 @ 08:53 PM EST |
Discussion about the newspicks here.
Please Post links in proper HTML clicky links and keep comments in line with
PJ's very reasonable rules.[ Reply to This | # ]
|
| |
| Authored by: LocoYokel on Monday, November 30 2009 @ 08:55 PM EST |
Anything else that may be of interest to the eclectic tastes rampant here.
Once again, please make links clicky including the proper post mode and keep
PJ's online house nice.[ Reply to This | # ]
|
- CrunchPad is Stillborn - Authored by: Anonymous on Monday, November 30 2009 @ 10:20 PM EST
- MS: s/obvious/cloud/g - Authored by: MadTom1999 on Tuesday, December 01 2009 @ 04:50 AM EST
- 1sT Software Patentee defents S/W Patents - Authored by: complex_number on Tuesday, December 01 2009 @ 09:32 AM EST
- IE dethroned in Germany - Authored by: Anonymous on Tuesday, December 01 2009 @ 11:08 AM EST
- SETI - Man loses job after searching too hard for aliens - Authored by: Anonymous on Tuesday, December 01 2009 @ 11:24 AM EST
- Linux-Watch??? - Authored by: JamesK on Tuesday, December 01 2009 @ 11:51 AM EST
- It's a tough job, but someone has to do it. - Authored by: JamesK on Tuesday, December 01 2009 @ 12:10 PM EST
- "Congressman Peter King (R-NY) is calling for a probe into Wikileaks - Authored by: Anonymous on Tuesday, December 01 2009 @ 12:16 PM EST
- Psystar, Apple enter partial settlement to cease clone Mac sales - Authored by: DodgeRules on Tuesday, December 01 2009 @ 12:23 PM EST
- Cheap Linux netbooks in the UK! - Authored by: tiger99 on Tuesday, December 01 2009 @ 01:39 PM EST
| |
| Authored by: Anonymous on Monday, November 30 2009 @ 09:13 PM EST |
What makes ANYONE who has observed the shenanigans pulled by t$COg think they
would EVER want "... to promote the efficient administration and prompt
resolution of both cases"?
IMHO, I believe they would want exactly the opposite! Well, maybe, with the Ch.
11 Trustee in charge, that attitude MAY have changed, but from what we've seen,
I'm not at all sure it has.[ Reply to This | # ]
|
| |
| Authored by: webster on Monday, November 30 2009 @ 09:29 PM EST |
.
Novell hopes the Judge consolidates or sends to one judge. It is reasonable, it
is consistent, it is faster. It also is a chance for Stewart to get out without
making Novell ask him to recuse himself. Novell will have to pull that trigger
if both cases go to Stewart. They know this case is being watched. Without
knowing the judges this shuffling will be hard to factor.
.[ Reply to This | # ]
|
| |
| Authored by: jmc on Tuesday, December 01 2009 @ 01:31 AM EST |
So, unless he sends the case elsewhere, every time SCO wins a point on a
ruling, many who believe SCO has no legitimate claims against Linux will assume
the worst. It's one reason why judges recuse themselves, to avoid even causing
the impression that the fix is in.
And why McConnell should have
recused himself too.
[ Reply to This | # ]
|
| |
| Authored by: Anonymous on Tuesday, December 01 2009 @ 02:10 AM EST |
Just guessing, but I'm thinking they would also prefer a judge who doesn't
have a close relationship with the father of SCO's attorney, Brent Hatch. There
is, after all, a smell to that, rightly or wrongly.
Given the
generally corrupt state of the US legal system, I'd apply the "refrigerator
rule": where there's a bad smell, there's something rotten. [ Reply to This | # ]
|
| |
| Authored by: DaveJakeman on Tuesday, December 01 2009 @ 06:05 AM EST |
Novell's reply is very short and sweet. From that, I infer Novell are confident
about at least getting the two cases put under the nose of one judge, which
could be all they wanted in the first place. As well as, perhaps, the one judge
not being Ted Stewart.[ Reply to This | # ]
|
| |
| Authored by: Anonymous on Tuesday, December 01 2009 @ 08:23 AM EST |
As per the title, who decides this ?
[ Reply to This | # ]
|
| |
| Authored by: dwiget001 on Tuesday, December 01 2009 @ 09:44 AM EST |
Well, there was a communications system I used in the Navy, circa 1983, that had
a set of 16 dip switches in the front of it.
You ran diagnostics, changed modes and even, in extreme cases, re-programmed it
using those dip switches. The dip switch instructions were on thick cards. [ Reply to This | # ]
|
| |
| Authored by: rsteinmetz70112 on Tuesday, December 01 2009 @ 12:31 PM EST |
It seems to me one of the issues is the overlap of evidence and the voluminous
amount of highly technical detail involved.
Novell didn't seem to express that as strongly as they could have.
It would seem that training two judges in the same evidence is highly
inefficient.
---
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 | # ]
|
|
|
|
|
