Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

IBM Asks the Court to Throw Out SCO's Entire Case on Summary Judgment
Groklaw ^ | 2006/09/25 21:23 ET | Pamela Jones

Posted on 09/25/2006 9:45:53 PM PDT by TechJunkYard

IBM Asks the Court to Throw Out SCO's Entire Case on Summary Judgment

Monday, September 25 2006 @ 09:23 PM EDT


Both sides in SCO v. IBM have filed motions for summary judgment. To be precise, SCO has filed one for partial summary judgment (which I'll have up in a minute or two) and IBM has filed several motions for summary judgment, one for each of SCO's claims and two more for good measure on two of IBM's counterclaims. In other words, it is asking the court to throw out SCO's entire case, and to grant it judgment on two counterclaims without even going to trial on those two.

We find out because SCO has filed a notice of conventional filing [PDF] of exhibits to its partial summary judgment motion. It's too long to file electronically, so we'll have to wait to read them, but most of them we have already. And it's obvious from the list of exhibits what it's about, namely what they likely feel is their strongest claim, if not their only hope, their third cause of action for breach of contract relating to Sequent. [ Update: There are more filings showing up on Pacer now, including two SCO motions for summary judgment on some of IBM's counterclaims, 2nd, 3rd, 4th, 5th, 6th, 7th, and 8th.]

IBM has filed motions, plural, as we can tell from a motion [PDF] they filed asking for "leave to file up to three additional declarations in support of IBM's motions for summary judgment." There is also a Proposed Order [PDF]. So we are off and running.

Update 2: Here you are, the rest of the filings:

Whew. Love the last one. Hahahaha. After I digest it all, I'll explain anything needing explanation.

We also get a definitive answer to our long-ago question as to whether September 25 was the deadline to begin to file summary judgment motions or the cutoff. IBM says, "The Court's deadline for filing summary judgment motions is today, September 25, 2006,

and IBM is filing motions addressing each of the claims brought by Plaintiff/Counterclaim

Defendant The SCO Group, Inc. ("SCO"), as well as two of IBM's counterclaims against SCO." They didn't get back a couple of signed declarations in time, and that is why they have to ask for permission to include them. So that means yesterday was the cutoff to file any summary judgments. And that means apparently SCO has only one, while IBM is asking the court to throw out all of SCO's claims on summary judgment.

What does that mean? That if IBM were to prevail on all its motions (of course that is a rare event indeed) then the only thing left to bring to a jury would be IBM's counterclaims. That has to be SCO's worst nightmare. That would mean the only questions for the jury to decide, if they found for IBM on the rest of IBM's counterclaims, would be how bad was SCO and how much do they owe IBM?

***************************



TOPICS: Crime/Corruption; Technical
KEYWORDS:
Finally!
1 posted on 09/25/2006 9:45:54 PM PDT by TechJunkYard
[ Post Reply | Private Reply | View Replies]

To: Knitebane

pmuB


2 posted on 09/25/2006 9:49:19 PM PDT by HiTech RedNeck
[ Post Reply | Private Reply | To 1 | View Replies]

To: TechJunkYard
SCO's stock closed at $1.69 today.
3 posted on 09/25/2006 9:49:46 PM PDT by TechJunkYard (if you've ever seen my house..)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TechJunkYard

I know someone who still works at SCO, SCO is done with, there is no marrow left in the bones for those bloodsucking upper management and cadre of lawyers.


4 posted on 09/25/2006 10:02:19 PM PDT by JerseyHighlander
[ Post Reply | Private Reply | To 3 | View Replies]

To: TechJunkYard

Wonderful....thanks for posting this.


5 posted on 09/25/2006 10:20:52 PM PDT by Ernest_at_the_Beach (History is soon Forgotten,)
[ Post Reply | Private Reply | To 1 | View Replies]

To: JerseyHighlander

Good Riddens. Tell your friend to get the hell out of there.


6 posted on 09/25/2006 11:05:25 PM PDT by Proud_USA_Republican (We're going to take things away from you on behalf of the common good. - Hillary Clinton)
[ Post Reply | Private Reply | To 4 | View Replies]

To: TechJunkYard

I hate "businesses" that operate by lawyer.

They should be utterly crushed.


7 posted on 09/25/2006 11:21:57 PM PDT by DB (©)
[ Post Reply | Private Reply | To 1 | View Replies]

To: rdb3; chance33_98; Calvinist_Dark_Lord; Bush2000; PenguinWry; GodGunsandGuts; CyberCowboy777; ...

8 posted on 09/26/2006 5:24:28 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TechJunkYard

Jokelaw! Jokelaw! Squawk!


9 posted on 09/26/2006 8:18:57 AM PDT by Salo
[ Post Reply | Private Reply | To 1 | View Replies]

To: Salo
Don't count your golden chickens until their hatched..
10 posted on 09/26/2006 9:56:38 AM PDT by N3WBI3 ("I can kill you with my brain" - River Tam)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Salo
That witty remark and $1.63 will buy you a share of SCO stock.
11 posted on 09/26/2006 3:46:55 PM PDT by TechJunkYard (if you've ever seen my house..)
[ Post Reply | Private Reply | To 9 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson