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Two More US Trustee Motions as text, More Bankruptcy Filings, and a Note on SCO v. Novell's Docket

By Pamela Jones et al.

Let's catch up on all the filings in the bankruptcy. The US Trustee's Office has filed two more motions regarding the SCO incentive bonuses. One says the US Trustee will file redacted and unredacted versions of its Objection, but in the event SCO loses its motion to seal, it would like the redacted parts made public. Here's the meat of it:

7. As noted in the U.S. Trustee's objection to the Seal Motion, the U.S. Trustee strongly disagrees with the Debtors' request for relief made therein. Pending a hearing on the Seal Motion, however, the U.S. Trustee will file both a redacted copy of her objection to the Bonus Motion and an unredacted copy of the objection under seal. In the event that the Seal Motion is denied in whole or in part, the U.S. Trustee submits that it will be appropriate for this Court to consider whether all or part of the redacted portions of the U.S. Trustee's objection to the Bonus Motion can be filed publicly.

The other motion is to limit who gets notice of the Motion to just the lawyers:

2. The U.S. Trustee requests that this Court limit notice of the Motion to the following parties: co-counsel to the Debtors, counsel to Novell, and counsel to IBM. Parties with a current interest in the cases will receive electronic notification of the filing of the Motion. The U.S. Trustee submits that the proposed manner of notice is reasonable given the nature of the relief requested in the Motion.

As you see, while the US Trustee's Office strongly opposes SCO's request for confidentiality, it nevertheless respects the court's right to decide what is and is not made public. Groklaw will do the same. The hearing on all this will be on April 2, so we don't have long to wait. I have both motions for you as text. But first, there's a notation in the docket in SCO v. Novell to tell you about:

Filed & Entered: 03/14/2008 Motions No Longer Referred Docket Text: Motions No Longer Referred: [505]Sealed Motion is before Judge Kimball (jwt)

We're getting close to the trial now in Utah, and as you recall the judge has scheduled summary judgment motions to be heard on the day after the trial begins, in a special carved out time on April 30. Magistrate judges hear pretrial motions, and that function is done.

Full post as published by Groklaw on March 15, 2008 (boomark / email).