SCO Year In Review


December 31, 2013

And so another year has passed for SCO. Let us recap the highlights, such as they are.

As a reminder - at the beginning of the year, SCO's bankruptcy had been converted to Chapter 7, its Motion to Lift the Stay regarding IBM's counterclaims had been granted by the Bankruptcy Court, and its Motion to Reopen and Request to Submit were pending in Utah.

In January, SCO's Motion to Abandon Property was granted by the Bankruptcy Court {SCOBK-1477], allowing it to shred old business records and reduce its storage rental fees.

In June, in a process that took 3 months to get straight, SCO's Motion to Reopen was finally granted by the Utah Court. However, in spite of SCO's pleas for a rapid decision because of its of financial insolvency [IBM-1114], the Court adopted IBM's plan for how to proceed [IBM-1115]. The plan has four steps. Three of these steps have been now completed - identifying which claims could be dismissed, and affording IBM an opportunity to file a motion for SJ on the remaining claims based on the Novell decision. This motion has now been fully briefed.

In July, after the completion of steps 1 and 2, the Utah Court dismissed six of SCO's nine claims (and portions of a seventh) with prejudice [IBM-1123].

In September, SCO admitted that SJ on two of IBM's counterclaims could also be granted (CC9 and CC10) [IBM-1130].

We are now waiting for Judge Nuffer to rule on IBM's SJ [technically a PSJ] Motion before the Utah court can proceede to step 4 of the Nuffer plan. Remember, Nuffer stipulated that, for the purpose of this SJ Motion, it was to be assumed that he had not read any prior filings in SCO/IBM or in SCO/Novell. Only when we reach step 4 will he even think about glancing at any of the original SJ motions.

So that's it. We used to have this much activity in a week. Maybe SCO should post these events to its "Milestones" page. Or not.

2:55:14 PM

Source: Investor Village SCO Board [ ]

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