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AutoZone Settlement Agreement Filed With the Court: It's The End To All That
Tuesday, December 08 2009 @ 10:55 PM EST

The AutoZone settlement and release agreement has been filed. Or as the song says, it's signed, sealed and delivered:

12/08/2009 - 119 - STIPULATION of Dismissal (Stipulation and Order of Dismissal With Prejudice As To All Claims) by Plaintiff SCO Group, Inc.. (Pocker, Richard) (Entered: 12/08/2009)

Here's what that type of agreement and release looks like. As you can see, the release part means that whatever they accused each other of, it's settled and neither can bring it up again or ask for anything associated with that claim to time indefinite, even forever.

Unless it's SCO, under new management, and they line up some folks who heard talk by the water cooler that they didn't really mean it to mean *forever*. Kidding. It means forever, unless the lawyers goofed and wrote it so badly that some fancy pants lawyer sees an opening twenty years later. So this is The End to AutoZone's nightmare. Yay!


  


AutoZone Settlement Agreement Filed With the Court: It's The End To All That | 50 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
OT here
Authored by: crs17 on Tuesday, December 08 2009 @ 11:02 PM EST
That's off-topic, not Old Testament or on-time

[ Reply to This | # ]

Corrections here
Authored by: crs17 on Tuesday, December 08 2009 @ 11:03 PM EST
If any, and since this is short, I don't expect many

[ Reply to This | # ]

News Picks comments here
Authored by: crs17 on Tuesday, December 08 2009 @ 11:07 PM EST
Think I got the trifecta on the standard categories. I've not had that in a
long time!

[ Reply to This | # ]

  • Trifecta? - Authored by: DannyB on Wednesday, December 09 2009 @ 09:33 AM EST
    • Trifecta? - Authored by: Anonymous on Wednesday, December 09 2009 @ 11:43 AM EST
No "ands"
Authored by: crs17 on Tuesday, December 08 2009 @ 11:09 PM EST
I believe the song was "Signed ... sealed ..... delivered....I'm
yours". No "and". Yet, if it was me, I come with
"if"s and a "but".

[ Reply to This | # ]

  • No "ands" - Authored by: Anonymous on Wednesday, December 09 2009 @ 02:58 AM EST
nitpick
Authored by: Anonymous on Tuesday, December 08 2009 @ 11:18 PM EST
I don't know how important this will be, but as PJ says, "unless... some
fancy pants lawyer sees an opening."

Part of the Stipulation states "with each party to bear its own attorney's
fees and costs." However, the form "attorney's" is singular,
meaning "pertaining to one attorney."

I can see some litigious opportunist, up to and including Darl himself, pouncing
on that and turning this into an unsettled matter.

Is there any chance that a court could be sympathetic to a claim based on a
grammatical error like this? I'd like to think they'd all toss such a suit, but
recent events in the Novell case suggest otherwise.

[ Reply to This | # ]

  • nitpick - Authored by: PolR on Tuesday, December 08 2009 @ 11:37 PM EST
  • nitpick - Authored by: Anonymous on Wednesday, December 09 2009 @ 04:36 AM EST
    • nitpick - Authored by: hAckz0r on Wednesday, December 09 2009 @ 06:46 AM EST
      • nitpick - Authored by: Anonymous on Wednesday, December 09 2009 @ 11:46 AM EST
  • nitpick - Authored by: DaveJakeman on Wednesday, December 09 2009 @ 12:23 PM EST
"talk by the water cooler"
Authored by: Anonymous on Wednesday, December 09 2009 @ 12:06 AM EST

Err... I think P.J. had it right the first time. SCOG is notorious - at this point - for playing word games including, but not limited to, ignoring any parts of a contract that doesn't suit their purpose.

"All"... doesn't actually mean all except when SCOG wants it to mean all. "Paid in perpetuity"... doesn't mean perpetuity, SCOG can still cancel a contract when they feel like it. The list goes on.

RAS

[ Reply to This | # ]

AutoZone Settlement Agreement Filed With the Court: It's The End To All That
Authored by: Anonymous on Wednesday, December 09 2009 @ 05:36 AM EST
Settlement value.

Wont we be able to tell,looking at sco's numbers
as to what their settlement costed them ?
Or will those numbers be hidden from their balance sheets ?

I got the feeling SCO had to fork out :)

Ric

[ Reply to This | # ]

AutoZone Settlement Agreement Filed With the Court: It's The End To All That
Authored by: eggplant37 on Wednesday, December 09 2009 @ 07:07 AM EST
This calls for a celebration. I'll raise a glass of absinthe to celebrate this
later today, after I've finished my usual workday.

[ Reply to This | # ]

While this is good for AutoZone
Authored by: The Mad Hatter r on Wednesday, December 09 2009 @ 09:10 AM EST

I'm not sure that it's good for the rest of SCO's victims, in that the
settlement is sealed. Now I understand that there are reasons for allowing
settlements to be sealed, however all too often it appears that the reason for
sealing is to hide something.

In particular it seems that they are trying to hide a smelly, rotten, fish, in
the form of the information we need to find out who exactly is responsible for
this travesty.

OK, I've finished ranting now.


---
Wayne

http://crankyoldnutcase.blogspot.com/

[ Reply to This | # ]

I hate secret settlements...
Authored by: Anonymous on Wednesday, December 09 2009 @ 10:31 AM EST
especially when other cases are involved

Microsoft, in particular, are notorious for using them to bury evidence that has
been found in discovery

[ Reply to This | # ]

How much money did AutoZone spend on this suit?
Authored by: Anonymous on Wednesday, December 09 2009 @ 10:57 AM EST
Any one know how much money Autozone lost on this suit.

In the alternate universe where Mt McBride wears a beard..
SCO sued the bank and got BILLIONS IN BAILOUT money.

[ Reply to This | # ]

One down...
Authored by: SilverWave on Wednesday, December 09 2009 @ 08:59 PM EST
pity it was sealed.

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | # ]

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