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Canopy/Yarro Case *NOT* Settled?


SCO v The World

By daveventura, Section SCO Related Articles
Posted on Wed Mar 9th, 2005 at 09:28:22 EST

In reading most all the articles on the Canopy/Yarro case, they seem to be in agreement that the case has been settled, however, I ran across an article that says the case could still end up in court.

From the article:
PROVO -- Contrary to published reports, the Canopy Group, a high-tech venture capital firm based in Lindon, has not reached an out-of-court settlement with three ousted executives.
      Attorneys for both sides appear to be moving in that direction, but the matter could end up back in court, sources told the Deseret Morning News.
      Attorneys for Canopy were expected to appear in 4th District Court Tuesday for a four-day hearing. That hearing was canceled, and according to papers filed just before courts closed on Monday, it was nixed because a settlement had been reached.
      A source close to the case -- who asked not to be named -- said attorneys from both sides are in the middle of delicate negotiations that could result in a settlement.

http://deseretnews.com/dn/view/0,1249,600117270,00.html

This is interesting since it seems to contradict everything that's been reported so far. Like here is another article saying that a joint press release would be put out soon:

An acrimonious four-month legal battle over control of the management of Canopy Group ended with an out-of-court settlement reached late Monday.

The settlement, whose terms remain undisclosed, was reached one day before a four-day hearing on ousted Canopy president and CEO Ralph Yarro's request for a preliminary injunction was scheduled to start Tuesday.  

The hearings, which were to have been held through Friday before Judge Anthony W. Schofield in 4th District Court in Provo, were canceled following notice of the settlement on Monday.

David Watkiss, an attorney who had filed a countersuit against Yarro on behalf of Lindon-based Canopy and its founder Ray Noorda and his wife, Lewena, said the settlement would end Yarro's lawsuit.

That lawsuit challenged the legality of his ouster and that of former CFO Darcy Mott and former corporate counsel Brent Christensen by raising questions about Noorda's competency -- and the Canopy countersuit. Noorda, whom Yarro claims was pressured by his daughter, Val Noorda Kreidel, into voting Yarro out of the company, has Alzheimer's disease and hasn't been involved in Canopy's management since 1998.

Both Yarro and Canopy are expected to issue a joint statement on the settlement shortly, Watkiss said.

He declined to comment on terms of the settlement but said the "joint statement could shed some light."


http://www.harktheherald.com/modules.php?op=modload&name=News&file=article&sid=49728
< Coloring the Canopy: What Does the Yarro Settlement Mean for SCO (13 comments) | The New OS (22 comments) >
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Canopy/Yarro Case *NOT* Settled? | 12 comments (12 topical, 0 editorial, 4 hidden)
Re: Canopy/Yarro Case *Settled*! (4.00 / 7) (#2)
by system5 on Thu Mar 10th, 2005 at 12:50:29 EST
(User Info) http://lunchpale.blogspot.com
http://www.sltrib.com/business/ci_2603115

Bob Mims wrote "Attorneys for both the Canopy Group and three ousted executives confirmed Wednesday that a settlement of their dueling lawsuits is in place, with a formal announcement expected by week's end."

Terms will be confedential.
system5

Answers to Yarro complaint now available (3.87 / 8) (#4)
by fudisbad on Fri Mar 11th, 2005 at 05:10:49 EST
(User Info)
The following are now available at scofacts.org...

Answer of Defendants Raymond J Noorda, Lewena Noorda and The Noorda Family Trust and Counterclaim

Answer of Defendant William Mustard

... as well as a variety of other stuff. Go over there and have a look. Click here

These documents might give some insight into the settlement of the cases.


Darl McBride, show your evidence!
Back a stock scam, buy SCOXE!

  • Re: Answers to Yarro complaint now available by mikey, 03/11/2005 09:44:30 EST (4.20 / 5)
    • Re: Answers to Yarro complaint now available by FrogstarRobot, 03/11/2005 22:39:20 EST (3.80 / 5)
Canopy Worried About Veil Being Pierced? (3.50 / 8) (#3)
by daveventura on Thu Mar 10th, 2005 at 14:29:45 EST
(User Info)
This is from the tail end of a recent interview with Darl. Uncharacteristically Darl watches his words extremely closely when it comes to Canopy:
Q: Are you concerned about his ability to serve?

A: We had a board meeting last week. The company needs to get some clarity about the situation. It's important to figure out who represents the Canopy shares. As long as the cloud is there regarding the Canopy situation we want to remove the cloud.

Q: Will he stay on the board?

A: No one on the SCO board has asked him to step down. He will continue to serve.

Q: Has the new Canopy management team made any requests yet of SCO?

A: We have had some discussions. I spoke with [new Canopy CEO] Bill Mustard. After the Mar. 8 hearing, I would be glad to provide details. We value them as our largest shareholder.

Q: Has Canopy made any suggestions that you sell off the Unix software business?

A: Shareholders don't come to a public company and make those kinds of decisions. We will work with them. They will definitely have a voice.


http://uk.biz.yahoo.com/050307/244/fdv4n.html

It sounds like Mustard talked some sense into Darl in trying to downplay the relationship between SCO and Canopy. Aren't there loads of quotes, contracts, etc showing how closely tied they are? I'm particularly thinking of the SCOSource license deal that had absolutely nothing to do with the Canopy-controlled Center7 settlement with Computer Associates. I think Canopy's egg is cooked and now they're trying to CYA.

February 2000 Option Agreement (3.50 / 4) (#6)
by mikey (mikey at badpenguins dot com) on Fri Mar 11th, 2005 at 10:00:04 EST
(User Info) http://www.ip-wars.net
Can somebody please explain to me what this might mean, and if it might have something to do with SCO's 10K problems?  From the Noorda answer:


29. The NFT Defendants admit that the February 2000 Option Agreement, although never formally implemented, was rescinded and that such recission was partially due to a negative impact of that agreement on the IPO of Caldera Systems.  The NFT Defendants deny any specific effects of the February 2000 Option Agreement on Canopy portfolio company IPOs for lack of information.  The NFT Defendants deny the remaining allegations of 29 for lack of information.



---
DISCLAIMER:
IANAL, may have no idea what the heck I am talking about, yadda yadda yadda.
  • Re: February 2000 Option Agreement by codswallet, 03/11/2005 16:32:16 EST (3.40 / 5)
nobody here but us chickens? (3.37 / 8) (#1)
by AncientBrit on Wed Mar 9th, 2005 at 14:06:24 EST
(User Info)
Can anyone suggest when/where we will see the joint statement?

Canopy/Yarro Case *NOT* Settled? | 12 comments (12 topical, 0 editorial, 4 hidden)
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