Kimball Grants IBM the 45-Day Extension and More

Groklaw ^ | Friday, March 18 2005 | Pamela Jones

[antiRepublicrat]

Judge Kimball comes through. He has granted IBM their 45-day extension, and he also says they don't have to turn over the materials that are the subject of their Motion for Reconsideration until the court rules on that motion, which is exactly what IBM asked for. They submitted this proposed order.

IBM filed its Motion for 45-Day Extension of Time to Comply with 1/18/05 Order on March 9, and SCO filed an Memorandum in Opposition to IBM's Motion for 45-Day Extension of Time to Comply with 1/18/05 Order on March 15, 2005. This order is dated March 16. I take it, then, that Judge Kimball signed the order without waiting for IBM to reply to SCO's opposition memo. I believe that is a first, isn't it? It's certainly rare. But he heard enough already, I gather. So much for SCO's strained and tacky argument

about IBM failing to submit an affidavit. It's certainly the first time I can remember where an order was signed before we had the motion briefs transcribed and up on Groklaw.

[antiRepublicrat]

There hasn't been any SCO/IBM news for a while, but this one has an interesting history. For those new

1. SCO asked for a whole bunch of stuff in discovery
2. The judge denied it for a long time, but finally granted it to stop SCO's rote objections (not my interpretation, that's what the judge said)
3. IBM asked for more time to comply with the huge request, and to have one part of it limited
4. SCO opposed, saying IBM doesn't need more time and has to produce everything
5. IBM opposed SCO, saying SCO is full of it
6. The judge granted IBM's request for more time, and told it not to produce the contested stuff until a decision is made

4 and 5 are the fun ones to read (here and here). I see SCO's tactic -- ask for A, B, C and D, get the judge to order A and B, then in a later filing claim that IBM not only is failing to comply with A and B, but also C and D, which SCO wants but was denied by the courts. They love to add to a judge's order on the fly. It looks like the judge's effort to stop SCO's "rote objection" failed.

As always, don't trust PJ's interpretations, as she is admittedly biased against SCO. Read the supplied documents yourself, which are every bit as damning to SCO.

[ShadowAce]

Tech ping

[Ernest_at_the_Beach]

Thanks for the ping.