SCO Grp v. Novell Inc

Filing 472

NOTICE of Delaware Bankruptcy Court's Memorandum Opinion and Order Granting Novell's Motion for Relief from the Automatic Stay to Proceed with the Lawsuit by Novell, Inc. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Sneddon, Heather)

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S C O Grp v. Novell Inc D o c . 472 Att. 2 IN THE UNITED STATES BANKRUPTCY COURT F O R THE DISTRICT OF DELAWARE In re: T H E SCO GROUP, INC., et al., D e b to rs . ) ) ) ) ) ) C h a p te r 11 C a s e No. 07-11337 (KG) (J o in tly Administered) R e la te d Docket No.: 89 O R D E R GRANTING NOVELL'S MOTION FOR RELIEF FROM THE AUTOMATIC STAY TO PROCEED WITH THE LAWSUIT U p o n consideration of Novell, Inc.'s Motion for Relief from Automatic Stay to p ro c e ed with the District Court Action to (I) Apportion Revenue from SCOSource Licenses an d (II) Determine SCO's Authority to Enter Into SCOSource Licenses, etc. (the "Motion"); a n d the Court finding that (a) the Court has jurisdiction over this matter pursuant to 28 U .S .C . §§ 157 and 1334, (b) this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2), (c) v e n u e of these cases is proper pursuant to 28 U.S.C. §§ 1408 and 1409, (d) notice of the M o tio n was sufficient and proper; and upon the record of the hearing held on the Motion; a n d sufficient cause appearing therefor and for the reasons set forth in the accompanying M e m o r a n d u m Opinion; it is hereby O R D E R E D , that pursuant to 11 U.S.C. § 362(d)(1), relief from the automatic stay is g r a n te d for cause to allow Novell to proceed with the Lawsuit at the convenience of the D is tr ic t Court (as defined in the Memorandum Opinion) on the following issues: (1 ) the amount of the royalties to which Novell is entitled from certain SCOSource lic e n se s that the District Court determined to be SVRX Licenses and any additional licenses Dockets.Justia.com t h a t are determined to be SVRX Licenses; and (2) whether SCO had the authority to enter in t o licensing agreements with Microsoft Corporation and Sun Microsystems. O R D E R E D , that the automatic stay is not lifted for a determination of the imposition o f a constructive trust, an issue which this Court will adjudicate if and when necessary, f o llo w in g the District Court's decision in the Lawsuit. O R D E R E D , that Novell shall advise the Court of the trial date when the District Court sc h e d u les the trial. D a te d : November 27, 2007 K E V I N GROSS, U.S.B.J. -2-

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