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July 21st Letter to the Bankruptcy Judge From IBM

By Pamela Jones et al.

A July 21st letter to the judge from IBM has just shown up in the docket:

08/07/2009 - 894 - Letter dated July 21, 2009 from Richard Levin, Esq. to the Honorable Kevin Gross Filed by Cravath, Swaine & Moore LLP. (TAS) (Entered: 08/10/2009)

08/09/2009 893 BNC Certificate of Mailing. (related document(s) 892 ) Service Date 08/09/2009. (Admin.) (Entered: 08/10/2009)

This is the famous letter referenced by the judge in his responsive order, where IBM tells the judge all the difficulties it was having with SCO and discovery. In it IBM tells the judge that SCO agreed that there should be no mini-trial of the external SCO litigations in bankruptcy hearing. But you know how well they stuck to that. Not so much. And interestingly, there is a list of witnesses. And when you read the list, ask yourself, was it factually true what SCO's lawyer said at the hearing that their witnesses cut and ran off when they were subpoenaed? I see only one name that didn't show up, when I compare the two lists, William Broderick.

Full post as published by Groklaw on August 10, 2009 (boomark / email).