IBM Wins Big - SCO Motion to Amend Complaint Denied; Trial Date Set

daRk_heLmet · Jul 2, 2005, 07:24 PM

Here's the decision [PDF] we've been waiting for: IBM wins big and SCO's Motion For Leave to File Third Amended Complaint -- to add their phoney baloney claim regarding the AIX on Power that SCO's journalistic minions told you would be so powerful and that they claimed they had just discovered -- was denied totally. The new trial date is February 26, 2007. To any who thought Groklaw was off base in digging up all that Project Monterey material, you owe me a dinner. No wonder SCO's been quiet as a tomb.

IBM also won on its motion to narrow the scope of its 9th Counterclaim, since that is part of why SCO's motion to amend was denied. SCO tried to expand its interpretation in order to justify their delay in bringing the claims about AIX. Judge Kimball writes:

To permit the proposed amendment would expand this already sizable and complex litigation and would serve only to delay its resolution. Furthermore, SCO has twice amended its Complaint during this litigation, and the deadline for seeking leave to further amend has long-since passed. SCO has not demonstrated the "extremely compelling circumstances" required by this court's June 10, 2004 Order. In addition, it has not demonstrated "good cause" under Rule 16(b) of the Federal Rules of Civil Procedure, and the court finds that SCO has unduly delayed seeking leave to assert the proposed cause of action. It appears that SCO -- or its predecessor -- either knew or should have known about the conduct at issue before it filed its original Complaint. Accordingly, the court declines to permit the filing of a Third Amended Complaint.

In short, nice try, SCO. I'm thinking we won't be hearing any more about those stupid IBM emails SCO leaked any more. This time, the tricks didn't work. Judge Kimball accepted essentially all of IBM's arguments.
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Jul 2, 2005, 07:24 PM	#1
daRk_heLmet Keep firing, assholes! Join Date: Nov 2004 Location: Death Star Posts: 1,072 Rep Power: 0	IBM Wins Big - SCO Motion to Amend Complaint Denied; Trial Date Set Here's the decision [PDF] we've been waiting for: IBM wins big and SCO's Motion For Leave to File Third Amended Complaint -- to add their phoney baloney claim regarding the AIX on Power that SCO's journalistic minions told you would be so powerful and that they claimed they had just discovered -- was denied totally. The new trial date is February 26, 2007. To any who thought Groklaw was off base in digging up all that Project Monterey material, you owe me a dinner. No wonder SCO's been quiet as a tomb. IBM also won on its motion to narrow the scope of its 9th Counterclaim, since that is part of why SCO's motion to amend was denied. SCO tried to expand its interpretation in order to justify their delay in bringing the claims about AIX. Judge Kimball writes: To permit the proposed amendment would expand this already sizable and complex litigation and would serve only to delay its resolution. Furthermore, SCO has twice amended its Complaint during this litigation, and the deadline for seeking leave to further amend has long-since passed. SCO has not demonstrated the "extremely compelling circumstances" required by this court's June 10, 2004 Order. In addition, it has not demonstrated "good cause" under Rule 16(b) of the Federal Rules of Civil Procedure, and the court finds that SCO has unduly delayed seeking leave to assert the proposed cause of action. It appears that SCO -- or its predecessor -- either knew or should have known about the conduct at issue before it filed its original Complaint. Accordingly, the court declines to permit the filing of a Third Amended Complaint. In short, nice try, SCO. I'm thinking we won't be hearing any more about those stupid IBM emails SCO leaked any more. This time, the tricks didn't work. Judge Kimball accepted essentially all of IBM's arguments. ________________________________________ Source/More/Keep Track of the Case at Groklaw __________________ [color=white]My Blog[/color]