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SCO and Novell Ask for More Time to Haggle About Final Judgment or Not, Interest Amount

By Pamela Jones et al.

SCO and Novell have jointly filed an intriguing document, Joint Motion for Extension Regarding Deadlines for Proposed Final Judgment and Pre-Judgment Interest Submission [PDF], and we find out what's been going on since the trial ended early in May.

SCO wants the Utah District Court's July 16th order to be a final judgment, presumably so it can appeal, as they just told their customers and partners they intend to do shortly. And the Order instructed Novell to file within fifteen days a brief telling the court what Novell seeks in the way of prejudgment interest and also the final judgment "consistent with these Findings of Fact, Conclusions of Law, and Order, the courts's August 10, 2007 Memorandum Decision and Order, and the parties' stipulations with respect to the disposition of certain causes of action." Novell believes it's inappropriate at this time to enter a final judgment. Here's why:

Novell has informed SCO that it believes entry of Final Judgment is inappropriate given the pendency of claims subject to an arbitration-related stay and given the Bankruptcy Court's reservation of issues pertaining to the entry of a constructive trues.

Novell is saying the whole story isn't decided yet, until there is a decision on the trust and also until there is word from the arbitration in Switzerland, which is currently stayed [PDF] by the Bankruptcy Court in Delaware.

SCO's position is that it has some "material related to that resolution" which it expects to be able to turn over to Novell within ten days, whatever that means. Maybe they're sorry now they got the Swiss arbitration stayed. It would be ironic indeed if it delayed their appeal.

They are also haggling over the amount of pre-judgment interest, but the reason they are haggling is because they hope to reach a stipulation on it. It's always better to work things out, if you can. It's a lot cheaper. So they jointly ask for more time, until August 22, to try to resolve all these issues. I don't doubt the motion will be approved, since they both want it. It's been referred to Magistrate Judge Brooke Wells. I know. It's just like the good old days.

Full post as published by Groklaw on July 30, 2008 (boomark / email).