Kimball rules: #884 Magistrate order AFFIRMED and ADOPTED in its entirety

_Arthur

November 29, 2006

884: ORDER re 539 Objections to Magistrates Order Granting in Part IBMs Motion to Limit SCOs Claims filed by SCO Group. Objections are OVERRULED - Magistrate Judges Order is AFFIRMED and ADOPTED in its entirety

"...the court finds that, even under a de novo standard of review, the Magistrate Judge's June 28, 2006 Order is correct. The court finds that SCO failed to comply with the court's previous discovery-related Orders and Rule 26(e), that SCO acted willfully, that SCO's conduct has resulted in prejudice to IBM, and that this result--the inability of SCO to use the evidence at issue to prove its claims -- should come as no surprise to SCO. In addition, the court finds that neither particularized findings on an item-by-item basis nor an evidentiary hearing is required to make these determinations..."

4:39:57 PM


On TuxRocks

_Arthur

November 29, 2006

http://sco.tuxrocks.com/Docs/IBM/IBM-884.pdf

4:45:07 PM


Source: Investor Village SCO Board [ http://www.investorvillage.com/smbd.asp?mb=1911 ]

Copyright 2006