SCO's Motion To Reopen the Case Is Denied with a Bonk on the Head ~pj
Groklaw 2013-04-26
Summary:
SCO's motion to reopen its case against IBM has just been denied by the US District Court Judge David Nuffer in Utah. And the denial presents SCO with a Catch 22. It can go forward only when the bankruptcy stay is lifted, meaning when *both* parties can present their claims, not just SCO, with IBM sitting with its arms tied behind its back on a chair with duct tape over its mouth, which was, I gather, SCO's dream on how to go forward:
The court has reviewed the parties' submissions and finds that SCO's claims and IBM's counterclaims are inextricably intertwined. Thus, proceeding in the piecemeal manner suggested by SCO would be an inefficient use of judicial and party resources, and potentially could result in inconsistent rulings. Accordingly, the court declines to reopen the case at this time. When the bankruptcy stay is lifted, either party may file a motion to reopen the case. Until then, the case shall remain administratively closed.That's a bonk on the head for SCO, for sure, by a judge who demonstrates the simple truth that judges tend to be brainiacs, and they know it's a duck when they see one paddling along calling out "quack, quack" even if it holds up a sign saying, "I am a Swan." Utah, or so I've read, is the scam capitol of the US. So judges there not only have brains, they probably get a lot of experience as well, one assumes. Judge Nuffer also ruled that he doesn't think oral argument would be needed on this, so SCO's request for a hearing is also denied. I guess you could call it a no-brainer. I mean, fair is fair. Isn't that what courts are supposed to be for? But dealing with SCOfolk does take brains and some careful planning, because they are tireless and nothing dissuades them from trying again any which way, and you see that careful thought went into this order. Also because dealing with SCO is like picking up a scorpion. You do want to give it some advance thought before you try it.
Surely SCO's "We Own Linux" scam must be in the top ten scams in history, not just in Utah.
What? You thought the law was dry and boring? Ha!