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Hearing Set for Feb. 4 for Novell Motion to Set Aside Judgment - And a Mystery

By Pamela Jones et al.

There is a hearing coming up on February 4 at 3 PM before Judge Stewart in SCO v. Novell, and I surely hope some of you can attend, regarding Novell's recently filed motion asking to set aside an earlier judgment by Judge Kimball, so Novell can go after monies SCO took in from Microsoft and companies that bought a SCOsource license.

But there's something odd in the notice about the hearing. It says also on the schedule that day will be oral argument on docket number 277 [PDF], Novell's Motion for Summary Judgment on SCO's First Claim for Slander of Title Based on Failure to Establish Special Damages, which was decided in Novell's favor long ago. Novell didn't ask for that judgment to be opened up, that I can see, nor would it, since it won that motion, and neither has SCO filed any such motion that I can find. So how is this scheduled for this hearing? That is the mystery.

Full post as published by Groklaw on January 05, 2010 (boomark / email).