THE SCO GROUP, INC. v. AUTOZONE, INC.

Filing 68

NOTICE by Plaintiff SCO Group, Inc. (Notice of Filing for Bankruptcy) (Pocker, Richard)

THE SCO GROUP, INC. v. AUTOZONE, INC.

Doc. 68

Case 2:04-cv-00237-RCJ-GWF

Document 68

Filed 09/17/2007

Page 1 of 8

Richard J. Pocker, Esq. Nevada Bar No. 3568 BOIES, SCHILLER & FLEXNER LLP 300 South Fourth Street Suite 800 Las Vegas, NV 89101 [phone]

Attorneys for Plaintiff, The SCO Group, Inc.

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA THE SCO GROUP, INC., A Delaware corporation, Plaintiff, v. AUTOZONE, INC., A Nevada corporation, Defendant ) ) ) ) ) ) ) Docket No.: 2:04-CV-237-RCJ-(LRL) ) ) ) ) ) ) )

NOTICE OF FILING FOR BANKRUPTCY PLEASE TAKE NOTICE that on September 14, 2007, The SCO Group, Inc. along with various other affiliates (collectively referred to herein as the "Debtors") filed a petition under chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware (the "Petitions"). The SCO Group, Inc., one of the Debtors, has been named as defendant or other parties in the above-captioned matter. The face pages of Debtor's Petition is attached hereto as Exhibit A.

Dockets.Justia.com

Case 2:04-cv-00237-RCJ-GWF

Document 68

Filed 09/17/2007

Page 2 of 8

PLEASE TAKE FURTHER NOTICE that as a result of the pendency of the Debtors' bankruptcy cases and the application of 11 U.S.C. § 362(a)(1), the commencement or continuation of judicial proceedings against the Debtors to pursue prepetition obligations was automatically stayed. The automatic injunction granted by 11 U.S.C. § 362(a) will remain in effect until the bankruptcy case is dismissed or closed or until such earlier times as set forth in 11 U.S.C. § 362(c), (d), (e) and (f). PLEASE TAKE FURTHER NOTICE that contempt proceedings may be initiated against any party who participates in any violation of the automatic stay, and, pursuant to the provisions of the Bankruptcy Code, the Bankruptcy Court may award actual damages, including costs and attorneys' fees (and, in appropriate circumstances, punitive damages) to compensate the Debtors for loss arising out of violations of the automatic stay. WHEREFORE, the Debtors therefore request that the above-entitled case be taken off the Court's active calendar pending resolution of the Debtors' bankruptcy cases. Dated: September 17, 2007 BOIES, SCHILLER & FLEXNER LLP /s/ Richard J. Pocker Richard J. Pocker (Bar No. 3568) 300 S. Fourth St., Suite 800 Las Vegas, Nevada 89101 Telephone: [phone] Facsimile: [phone] Email: [e-mail]

Case 2:04-cv-00237-RCJ-GWF

Document 68

Filed 09/17/2007

Page 3 of 8

Exhibit A

Internal ase 2:04-cv-00237-RCJ-GWF C CMÆCF Live Database

Document 68

Filed 09/17/2007

Page 4 Page 1 of2 of 8

Open New Voluntary Bankruptcy Case
u.s. Bankruptcy Court

District of Delaware
Notice of

Bankptcy Case Filng

The following transaction was received from Jones, Laura Davis entered on 9/14/2007 at 3:13 PM EDT and filed on 9/1412007

Case Name: SCO Operations, Inc.
Case Number: 07-11338
Document Number: l

Docket Text:
Chapter 11 Voluntar Petition of

seD Operations, Inc.. Fee Amount $1039. Filed by SCO Operations,

Inc.. (Attachments: # (1) Board Resolutions# (2) Certification and List of20 Largest Unsecured Claims# Equity Securty Holders# (4) Corporate Ownership Statement# (5) (3) Certification and List of Certification and Creditor Matrix) (Jones, Laura Davis)
The following document(s) are associated with this transaction:

Document description:Main Document Original filename:X:\V AP\pet2.pdf Electronic document Stamp: (STAM bkecfStamp _ ID=983460418 (Date=9/14/2007) (FileNumber=5869496-0) (97fl6ac46e7714a6a74f5124924411 fl63c45c626fOc27c66eefl Of02deld21 ee3e4
a230168de74cd623fce25dl 016e6e7ffl688d80elaOa30aea6b 1 b82a8e24)) Document description: Board Resolutions Original fiename:X:\V AP\res2.pdf Electronic document Stamp:
(STAMP bkecfStamp _ ID=983460418 (Date=9/14/2007) (FileNumber=5869496-1) (91 d804a8723bf9129fl ce7 c7bd945 6fe312f670dcfOOcabfbd4b 73 8eeOed5432a463
c3241 e9f72dfbc93d6993 54b900bbc714 f5 83 fff2fe3c72693 5 6247fbcbd))

Document description: Certification.and List of20 Largest Unsecured Claims Original fiename:X:\V AP\20 19st 2.pdf Electronic document Stamp: (STAM bkecfStamp _ ID=983460418 (Date=9/14/2007) (FileNumber=5869496-2)
(2fd4 f54b60e457 eb7bc2349851873a6fa44958365793633£83a791 aOcae77 e4b2315
206a2e26480fd7a5bccOd6f203aeff4115cc69f6864e48fb4ba600cdce 1 d))
Document description: Certification and List of

Equity Securty Holders

Original fiename:X:\V AP\equity 2.pdf Electronic document Stamp: (STAM bkecfStamp _ ID=983460418 (Date=9/1412007) (FileNumber=5869496-3)
(5 £852 7896c5d7bOde71 d5bbec3e9cffc08e79349a94 f92cac 1 f784d5ddfdad9946eO

8b273d19c445f4f67 e8a34a64dc 1360a5ca2444fe4268f5642a7 4 7083d18JJ

Document description: Corporate Ownership Statement Original filename:X:\V AP\owner.pdf Electronic document Stamp: (STAM bkecfStamp _ ID=983460418 (Date=9/14/2007) (FileNumber=5869496-4)

htts://ecf.deb.uscourts.gov/cgi-binlispatch. pi ?685428222928251

9/14/2007

Internalase 2:04-cv-00237-RCJ-GWF C CMÆCF Live Database

Document 68

Filed 09/17/2007

Page 5 Page 1 of2 of 8

Open New Voluntary Bankruptcy Case
u.s. Bankruptcy Court

District of Delaware
Notice of

Bankptcy Case Filing

The following transaction was received from Jones, Laura Davis entered on 9/14/2007 at 3:07 PM EDT
and fied on 9/14/2007

Case Name: The SCO Group, Inc.
Case Number: 07-11337
Document Number: l

Docket Text:
The SeD Group, Inc.. Fee Amount $1039. Filed by The SCO Group, Inc.. (Attachments: # (1) Board Resolutions# (2) Certification and List of20 Largest Unsecured Creditors# (3) Certification and List of Equity Securty Holders# (4) Corporate Ownership Statement# (5) Certification and Creditor Matrix) (Jones, Laura Davis)
Chapter 11 Voluntar Petition of

The following document(s) are associated with this transaction:

Document description:Main Document Original fiename:X:\V AP\gr petitions.pdf Electronic document Stamp:
(STAM bkecfStamp _ ID=983460418 (Date=9/14/2007) (FileNumber=5 869457 -0) (09560de95ccdec706a3a2eOfcae7 cabfl d3136acb7631ge552e3069cd2616a5aad5 8 83 72d9ccec5d6b7 4 72695de5c41451 aef60e3 7f63 7b3149230203 7c640a9))

Document description: Board Resolutions Original fiename:X:\V AP\resolutions.pdf Electronic document Stamp: (STAM bkecfStamp _ ID=983460418 (Date=9/14/2007) (FileNumber=5869457 -1)
(30493f62bec043f6e66cbffab949a5edb44318d884a548348e3cb 1599baa40f7 cOe7

b3389c739436a352abca6dc32bdef078£8930d2215b21 c7695acf5e31 cc4 JJ

Document description: Certification and List of 20 Largest Unsecured Creditors Original fiename:X:\V AP\20 19st.pdf Electronic document Stamp: (STAM bkecfStamp_ID=983460418 (Date=9/14/2007) (FileNumber=5869457-2)
(429d7ce47a98b81143b325b4e9f9dae33abfebOla245c3cb5f3beeca8c 11463d4251 920b913d0786213325£8787 cc652b8341 b 192e28de4a955cb8d294993e25))

Equity Securty Holders Original fiename:X:\V AP\eq holdrs.pdf Electronic document Stamp: (STAM bkecfStamp _ ID=983460418 (Date=9/14/2007) (FileNumber=5869457 -3)
Document description: Certification and List of

(7 ca3a3cc243e954e983c8d8650a713 778be99d46300695c 11 c627 d563 76234631459

ed3ce17fecb88a3fal b819adO 120fb609b5bb66474199f44521 b3985c1c4))

Document description: Corporate Ownership Statement Original fiename:X:\V AP\ownersp.pdf Electronic document Stamp:
(STAMP bkecfStamp _ ID=983460418 (Date=9/14/2007) (FileNumber=5869457 -4)

htts://ecf.deb.uscours.gov/cgi -binlispatch.pl ?70905299815 5224

9/14/2007

Case 2:04-cv-00237-RCJ-GWF
"lffl..¡..ll?nrm 1 ('lO7)

Document 68

Filed 09/17/2007

Page 6 of 8

()1~/(3~7

United States Bankruptcy Court
District of Delaware
Name of Debtor (if

Voluntary Petition

individual, enter Last, First, Middle):

Name of Joint Debtor (Spouse) (Last, First, Middle):

The sca Group, Inc.
All Other Names used by the Debtor in the last 8 years (include marred, maiden, and trade names):

All Other Names used by the Joint Debtor in the last 8 years (include marred, maiden, and trade names):

FKA Caldera International, Inc.

LaSt four digits of Soc. Sec./Complete EIN or other Tax ID No. (irmo'" than one, state all) t four digits of Soc. Sec./Complete EIN or other Tax ID No. (irmo", than one, state all) Las

87-0662823
Street Address of

Debtor (No. and Street, City, and State):

Street Address of Joint Debtor (No. and Street, City, and State):

355 South 520 West Lindon, UT
zip Code

ZiP Code
I

I 84042
County of Residence or of the Principal Place of Business:

County of Residence or of the Principal Place of Business:
Mailing Address of Joint Debtor (if different from street address):

Utah
Mailng Address of Debtor (if different from street address):

ZIP Code
I I

ZiP Code

Location of Principal Assets of Business Debtor (if different from street address above):

Type of Debtor
(Form of Organization) (Check one box)
o Individual (includes Joint Debtors)

Nature of

Business

Chapter of

(Check one box)
o Health Care Business
o Single Asset Real Estate as defined

Bankruptcy Code Vnder Which the Petition is Filed (Check one box)
o Chapter 15 Petition for Recognition

o Chapter 7
o Chapter 9
. Chapter i i

in i i V.S.C. § 101 (5IB)
o Railroad o Stockbroker

See Exhibit D on page 2 of this form.
. Corporation (includes LLC and LLP)

of a Foreign Main Proceeding
o Chapter 15 Petition for Recognition of a Foreign Nonmain Proceeding
Nature of Debts

o Chapter 12
o Chapter I3

o Partership

o Commodity Broker
o Clearing Bank

D. Other (If debtor is not one of the above entities, check this box and state type of entity below.)

. Other

Tax-Exempt Entity
(Check box, ifapplicable)

(Check one box)
o Debts are primarly consumer debts,

. Debts are primarly

o Debtor is a tax-exempt organization

under Title 26 of the Vnited States Code (the Internal Revenue Code).
Filng Fee (Check one box)

dermed in I I U.S.c. § 101(8) as "incurred by an individual primarily for a personal, family, or household purpose."

business debts.

. Full Filng Fee attched
o Filing Fee to be paid in installments (applicable to individuals only). Must

Chapter 11 Debtors Check one box: Debtor is a small business debtor as defined in 11 V.S.C. § i 0 i (5ID),

0 0 0

. Debtor is not a small business debtor as defined in 11 V.S.C, § 101(5ID).

attach signed application for the court's consideration certfying that the debtor
is unable to pay fee except in installments. Rule lO06(b). See Offcial Form 3A.

Check if:

o Filing Fee waiver requested (applicable to chapter 7 individuals only). Must
attach signed application for the court's consideration. See Offcial Form 38.

Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affliates) are less than $2,190,000. Check all applicable boxes:

o A plan is being fied with this petition.
Acceptances of classes of

the plan were solicited prepetition from one or more
THIS SPACE iS FOR COURT USE ONLY

creditors, in accordance with 11 V.S.C. § i 126(b).

Statistical/Administrative Information
. Debtor estimates that funds wil be available for distribution to unsecured creditors.

o Debtor estimates that, after any exempt propert is excluded and administrative expenses paid, there wil be no funds available for distrbution to unsecured creditors.
Estimated Number of Creditors
1-

49

0
Estimated Assets

.

5099

100199

200999

10005,000

500110,000

10,001-

0 0 0
$10,001 to $100,000

0

D

0

25,000

25,00150,000

100,00 l100,000

OVER 100,000

0

0
$ I ,000,00 I to

0

0
More than
$100 milion

0 0

$0 to

$10,000

0 0

$ 100,001 to

$1 milion

Estimated Liabilities
$0 to
$50,00 I to

$100,001 to

$50,000

$100,000

$1 milion

. .

$ I 00 millon

0 0

$ I ,000,00 I to
$100 milion

More than $ 100 milion

Case 2:04-cv-00237-RCJ-GWF
Offcial Form 1 (4/07)

Document 68
Name of

Filed 09/17/2007

Page 7 of 8
FORM Bl, Page 2

Voluntary Petition
(Ihis page must be completed and filed in every case)
All Prior Bankruptcy Cases Filed Within Last 8 Years (If

Debtor(s):

The SCO Group, Inc.
more than two, attch additional sheet) Case Number: Date Filed:
Case Number:
Date Filed:

Location
Where Filed: - None -

Location
Where Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of Name of Debtor:

this Debtor (If

more than one, attch additional sheet)
Date Filed:

Case Number:
Relationship:

See Attachment 1

District:

Judge:

Exhibit A
(To be completed if debtor is required to file periodic reports (e,g" forms 10K and i OQ) with the Securities and Exchange Commission pursuant to Section 13 or i 5( d) of the Securities Exchange Act of1934
and is requesting relief

Exhibit B
(To be completed if debtor is an individual whose debts are primarly consumer debts.)

I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that (he or she 1 may proceed under chapter 7, I i,
12, or I3 of title I I, United States Code, and have explained the relief available

under chapter 11.)

under each such chapter, I further certify that I delivered to the debtor the notice required by i i U.S.C. §342(b).

. Exhibit A is attached and made a part of

this petition.

X
Exhibit C

Signatue of Attorney for Debtor(s)

(Date)

Does the debtor own or have possession of any propert that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?

o Yes, and Exhibit C is attched and made a part ofthis petition.
. No.

Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attch a separate Exhibit D,)
o Exhibit D completed and signed by the debtor is attched and made a part of If

this petition.

this is a joint petition:

o Exhibit D also completed and signed by the joint debtor is attched and made a part of this petition.

Information Regarding the Debtor - Venue

.
0 0

(Check any applicable box)

business, or principal assets in this Distnct for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other Distrct.
Debtor has been domiciled or has had a residence, principal place of

There is a bankrptcy case concerning debtor's affliate, general partner, or partership pending in this District.
Debtor is a debtor in a foreign proceeding and has its principal place of this District, or has no principal place of proceeding (in a federal or state court) in

business or principal assets in the United States in business or assets in the United States but is a defendant in an action or this District, or the interests of the partes wil be served in regard to the relief

sought in this Distrct.
Statement by a Debtor Who Resides as a Tenant of

Residential Property

(Check all applicable boxes)

0

Landlord has a judgment against the debtor for possession of debtor's residence, (If box checked, complete the following.)

(Name of landlord that obtained judgment)

(Address oflandlord)

0 0

Debtor claims that under applicable nonbankrptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for
possession was entered, and

Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition.

Case 2:04-cv-00237-RCJ-GWF
Offcial Form 1 4/0

Document 68

Filed 09/17/2007

Page 8 of 8
FORMBt Fa e3

Voluntary Petition
(Ihis page must be completed andfiled bi every case)

Name of Oc:btoi(s):

The seo Group, Inc.
Slgiiafure5

Signature(s) of

Dcbror(s) (Individual/Joint)

Signature of a Foreign Represeutative
I declat' under pçillty of peijuI) tht the infonnalion provided in this pclition
is tme and cOttct, that r am the foreign representative of 8 debtor in a foreign

r dc:clarc under penalty of peijury that the infoimation provided in this petition is tic and correct.
(Ifpetitioiier is an individual whosc debts are primarily COn$umcr debts rmd has chosen to file under chapter 7)1 am aware that 1 may proceed under chapter 7, ll, 12, or 13 of title II, United StatC$ Code. undc:rstand the relief available under c:iich such chapter, and

proceeding. and Ibiit i am authorize to tie Ibis petition.
(Cl onl)' one box.)

i: I reuest ~lief in accordance with chapter I S of title i i. '(nited States Code. Ceficd copies ofthc documents required by II U.S.C. §tS15 are attehcd.
i: PuU3t to I i U,S.C. §151 1.r reques relief

i:lioose to proce under chapter 7.
(lfno attorney represents me and nO bankruptcy penlÎoli preparer signs the peiition)I have obtained and read the notice rcauired by i i U.S.C. §342(b).

in aoeomnee with thc chapter

of title Ii specified iii ihis petition. A certfied copy of the order grating
recognition oCthe fOl'ign main proceeding is atichcd,

, requcst relief in accordance with the chaptcr of ntle i i, United States Code, specified in this petition.

X
Signature of

Foreign Representative

X
Signature of

Prited Name of

Foreign Ri:prescntanve

Debtor
Date

X
Signature of Joint Debtor
Telephone Number (If

SignaturE or Non~Attorney Bankruptcy Petition Preparer

not represented by attorney)

1 dcclare under penalty of peijury that: (1) I am a banIcptcy
petition prepar as defied in 1 i U.S.c. § 110; (2) I prepared this
document for compensation and have proVÎded the debtor with a

Date

copy of this document and the notices and infomiation required \lnder i i U.S.C. §§ i IO(b), 1 lOch). and 342(b)¡ and, (3) ifrules or

J
Address

guidelines have been promulgated pursUllt to 11 U.S.C. § i i O(h) settng a maximum fee for services chargeable by bankmptcy
petition preparrs, I have given the debtor notice of the nwdmum amounr befoii preparing any documenr for filing for a debtor or

acceptig any fee frm the debtor, as requird in tht section.
Offcial Fonn 19B is attached.
Printed Name and title, if any, of Banptcy Petition Preparer

the bankripy petition prcparer is not the offcer, pricipal, reponsible person or parter of the banknitcy petion
Social Securiry number (If an individ\lal, sU\te the Social SeCuñty number of

prearer.)(Required by i i U.S.C. § i 10.)

~S¡
Date

(302) 6524100 Fax: [phone]
Address

Signature of Debtor (Corporation/artnersbip)
i declare under penalty of perury that the informtion provided in this petition is tre and correct, and that i have bcon autlioried to tile this petition on behalf of the debtor. The debtorrcquests relief in accordance with the chapter ofiirle i i,

x
Date
Bankrptcy Petition Pttparer or officer, principal. respol1ible person,or parer whose Social Secuñty number is
Signa.ture of

provided above.

XS~o~(sMa1t t~ rndivid~ pet:on. ignature of Authorized
Oarl C. McBride
Pñnted Name of AuthOri2õcd Individual

Names and Social Security numbers of iill other individuals who prepared or assisted iii preparng this document unless me
bankrptcy petition prrparer is nor an individual:

Chief Executive Ofcer
Title of Authorized Individual
Date

If more than one perSon prepared this documc:nt, attch additional

sheets conforming to the appropriate offcial form for each person.

A banb-ptcy p6tîtion preparqr 's failure to comply ..ith the
provisiOnli of title 1/ ,,,d the Federal Riiles of Bankruptcy
Procedure may resull in fines or impl'isOhm&nt or both J J U,S. C.
§1l0; 18 U.S.c. §156.