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
(702) 382-3700

Attorneys for Plaintiff, The SCO Group, Inc.

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA

THE SCO GROUP, INC., )

A Delaware corporation, )
)
)
Plaintiff, )
v. )
) Docket No.: 2:04-CV-237-RCJ-(LRL)
AUTOZONE, INC., )
A Nevada corporation, )
)
)
Defendant )
)
)

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: (702) 382-7300
Facsimile: (702) 382-2755
Email: rpocker@bsfllp.com
Case 2:04-cv-00237-RCJ-GWF Document 68 Filed 09/17/2007 Page 3 of 8

Exhibit A
Internal CMÆCF
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2:04-cv-00237-RCJ-GWF Document 68 Filed 09/17/2007 Page 4 Page
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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#
(3) Certification and List of
Equity Securty Holders# (4) Corporate Ownership Statement# (5)
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)
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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)
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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)
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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

Internal CMÆCF
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2:04-cv-00237-RCJ-GWF Document 68 Filed 09/17/2007 Page 5 Page
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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:
Chapter 11 Voluntar Petition of 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)

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)
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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
Document description: Certification and List of

Original fiename:X:\V AP\eq holdrs.pdf

Electronic document Stamp:
(STAM bkecfStamp _ ID=983460418 (Date=9/14/2007) (FileNumber=5869457 -3)
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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 Document 68 Filed 09/17/2007 Page 6 of 8
"lffl..¡..ll?nrm 1 ('lO7) ()1~/(3~7
United States Bankruptcy Court
District of Delaware Voluntary Petition
Name of Debtor (if 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 All Other Names used by the Joint Debtor in the last 8 years
(include marred, maiden, and trade names): (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)
Last four digits of Soc. Sec./Complete EIN or other Tax ID No. (irmo", than one, state all)

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 84042 I
County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business:
Utah
Mailng Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address):

ZIP Code ZiP Code

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

Type of Debtor Nature of Business Chapter of Bankruptcy Code Vnder Which

(Form of Organization) (Check one box) the Petition is Filed (Check one box)
(Check one box) o Health Care Business o Chapter 7
o Single Asset Real Estate as defined
o Chapter 9 o Chapter 15 Petition for Recognition
o Individual (includes Joint Debtors) in i i V.S.C. § 101 (5IB) of a Foreign Main Proceeding
See Exhibit D on page 2 of this form. . Chapter i i
o Railroad
o Stockbroker o Chapter 12 o Chapter 15 Petition for Recognition
. Corporation (includes LLC and LLP)
o Chapter I3 of a Foreign Nonmain Proceeding
o Commodity Broker
o Partership
o Clearing Bank
D. Other (If debtor is not one of the above entities, . Other Nature of Debts
check this box and state type of entity below.)
Tax-Exempt Entity (Check one box)
(Check box, ifapplicable) o Debts are primarly consumer debts, . Debts are primarly
o Debtor is a tax-exempt organization dermed in I I U.S.c. § 101(8) as business debts.
under Title 26 of the Vnited States "incurred by an individual primarily for
Code (the Internal Revenue Code). a personal, family, or household purpose."

Filng Fee (Check one box) Check one box: Chapter 11 Debtors
. Full Filng Fee attched 0Debtor is a small business debtor as defined in 11 V.S.C. § i 0 i (5ID),
. Debtor is not a small business debtor as defined in 11 V.S.C, § 101(5ID).
o Filing Fee to be paid in installments (applicable to individuals only). Must
Check if:
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. 0Debtor's aggregate noncontingent liquidated debts (excluding debts owed
to insiders or affliates) are less than $2,190,000.
o Filing Fee waiver requested (applicable to chapter 7 individuals only). Must Check all applicable boxes:
attach signed application for the court's consideration. See Offcial Form 38.
o A plan is being fied with this petition.
0 Acceptances of the plan were solicited prepetition from one or more
classes of creditors, in accordance with 11 V.S.C. § i 126(b).
Statistical/Administrative Information THIS SPACE iS FOR COURT USE ONLY
. 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- 50- 100- 200- 1000- 5001- 10,001- 25,001- 100,00 l- OVER
49
0 .
99 199
0
999
0
5,000
D
10,000
0
25,000
0
50,000
0
100,000
0
100,000
0
Estimated Assets

0 $0 to
$10,000
0 $10,001 to
$100,000
0 $ 100,001 to
$1 milion
. $ I ,000,00 I to
$ I 00 millon
0 More than
$100 milion

Estimated Liabilities
0 $0 to
$50,000
0 $50,00 I to
$100,000
0 $100,001 to
$1 milion
. $ I ,000,00 I to
$100 milion
0 More than
$ 100 milion
 Case 2:04-cv-00237-RCJ-GWF Document 68 Filed 09/17/2007 Page 7 of 8
Offcial Form 1 (4/07) FORM Bl, Page 2
Voluntary Petition Name of Debtor(s):
The SCO Group, Inc.
(Ihis page must be completed and filed in every case)
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attch additional sheet)
Location Case Number: Date Filed:
Where Filed: - None -
Location Case Number: Date Filed:
Where Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attch additional sheet)
Name of Debtor: Case Number: Date Filed:
See Attachment 1
District: Relationship: 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
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

and is requesting relief 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
Signatue of Attorney for Debtor(s) (Date)

Exhibit C
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 this petition.
If 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

. (Check any applicable box)

Debtor has been domiciled or has had a residence, principal place of 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.
0 There is a bankrptcy case concerning debtor's affliate, general partner, or partership pending in this District.
0 Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in
this District, or has no principal place of business or assets in the United States but is a defendant in an action or
proceeding (in a federal or state court) in 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 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

0 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 Document 68 Filed 09/17/2007 Page 8 of 8
Offcial Form 1 4/0 FORMBt Fa e3
Voluntary Petition Name of Oc:btoi(s):
The seo Group, Inc.
(Ihis page must be completed andfiled bi every case)
Slgiiafure5
Signature(s) of Dcbror(s) (Individual/Joint)
Signature of a Foreign Represeutative
r dc:clarc under penalty of peijury that the infoimation provided in 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
this petition is tic and correct. proceeding. and Ibiit i am authorize to tie Ibis petition.
(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 (Cl onl)' one box.)

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
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).
, requcst relief in accordance with the chaptcr of ntle i i, United
States Code, specified in this petition.
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 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,
X
Signature of Foreign Representative

X Prited Name of Foreign Ri:prescntanve

Signature of Debtor
Date
X
Signature of Joint Debtor SignaturE or Non~Attorney Bankruptcy Petition Preparer

1 dcclare under penalty of peijury that: (1) I am a banIcptcy

Telephone Number (If not represented by attorney) 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
copy of this document and the notices and infomiation required
Date \lnder i i U.S.C. §§ i IO(b), 1 lOch). and 342(b)¡ and, (3) ifrules or
guidelines have been promulgated pursUllt to 11 U.S.C. § i i O(h)

J 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

Social Securiry number (If

the offcer,
an individ\lal, sU\te the Social SeCuñty number of
pricipal, reponsible person or parter of the banknitcy petion
prearer.)(Required by i i U.S.C. § i 10.)
Address

~S¡
(302) 6524100 Fax: (302) 65244

Date
x
Address

Signature of Debtor (Corporation/artnersbip)

i declare under penalty of perury that the informtion provided in Date
this petition is tre and correct, and that i have bcon autlioried to
tile this petition on behalf of the debtor.
Signa.ture ofBankrptcy Petition Pttparer or officer, principal.
respol1ible person,or parer whose Social Secuñty number is
The debtorrcquests relief in accordance with the chapter ofiirle i i, provided above.

Names and Social Security numbers of iill other individuals who

XSignature
~o~(sMa1t t~ pet:on.
of Authorized rndivid~
prepared or assisted iii preparng this document unless me
bankrptcy petition prrparer is nor an individual:
Oarl C. McBride
Pñnted Name of AuthOri2õcd Individual
Chief Executive Ofcer If more than one perSon prepared this documc:nt, attch additional
Title of Authorized Individual sheets conforming to the appropriate offcial form for each person.
A banb-ptcy p6tîtion preparqr 's failure to comply ..ith the
Date 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.