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Groklaw: Autozone Files Emergency Motion to Stay

Sep 03, 2004, 19:00 (0 Talkback[s])
(Other stories by Pamela Jones)

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" AutoZone has filed an Emergency Motion to Stay, asking the judge 'to stay all proceedings related to the issue of preliminary injunctive relief.' Why? They remind the judge that his Order indicated and his words at the hearing clearly stated that SCO was entitled to do discovery only if it was entitled to apply for a preliminary injunction...

"Instead, SCO filed a Statement of Basis for Claim for Preliminary Injunctive Relief and Nature of Relief in which they say that they aren't sure if they are entitled to such relief, and they'd like to do discovery to find out. That, AutoZone points out, is what you call a fishing expedition, so they ask the judge for a stay of all action in the case until after the IBM, Novell and Red Hat cases are resolved..."

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