Posted on 09/25/2006 9:45:53 PM PDT by TechJunkYard
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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. 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? ***************************
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pmuB
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.
Wonderful....thanks for posting this.
Good Riddens. Tell your friend to get the hell out of there.
I hate "businesses" that operate by lawyer.
They should be utterly crushed.
Jokelaw! Jokelaw! Squawk!
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