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Pursuant to Community Rule seven three, Plaintiff/Counterclaim Defendant, The SCO Team, Inc. ("SCO") respectfully submits this Ask for to Post for Conclusion, requesting the Courtroom to rule on SCO's pending Movement to Reopen the Case (the "Motion") in light-weight with the the latest purchase lifting the stay of IBM's counterclaims via the individual bankruptcy courtroom presiding around SCO's Chapter 11 proceedings (the "Bankruptcy Court docket"). 1095) so as to proceed with its remaining unfair Competitiveness and tortious interference promises. (Docket No. 1100.) Although the Personal bankruptcy Code experienced routinely stayed all of IBM's counterclaims in opposition to SCO with out disturbing SCO's appropriate to pursue its claims in opposition to IBM, IBM opposed the Motion on the grounds that litigating SCO's promises with no IBM's counterclaims "would be inefficient and fundamentally unfair." (Id. at 6 (emphasis in primary).) Actually, IBM argued for an order "delivering that this situation shall be reopened in just 5 days with the filing of a1

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So from that, it is possible to see that one particular reason for Placing inside a movement to bifurcate is that if you believe just one section of your respective scenario can get, and when it does, you need not attempt The remainder. In this case, that appears to be not likely to become the motive, because it's difficult to see what Component of SCO's circumstance would qualify for such a hope.

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