These Mavexar-related cases are developing so fast, we can hardly keep up!
We've talked about how Chief Judge Connolly issued an order directing certain of the Mavexar-related entities to produce documents, including materials related to their communications with Mavexar. We also discussed the Nimitz entities' petition for a writ of mandamus to stop enforcement of the order and to stop the Court's "judicial inquisition."
Yesterday, the Federal Circuit responded and stayed the order:
IT IS ORDERED THAT:
Defendants CNET Media, Inc., Bloomberg L.P.; BuzzFeed, Inc.; and Imagine Learning, Inc. are directed to respond to the petition no later than November 30, 2022, whether defendants fully defend, partly defend, or decline to defend the challenged order. Any reply from petitioner to defendants’ filing is due no later than three business days after defendants’ response is filed or, if that date falls on November 24–27, 2022, on December 5, 2022. The challenged order is stayed pending further action of this court.
The stay only applies to the three Nimitz cases. But one of the two other Mavexar-related plaintiffs who received similar orders already moved to stay, and the Chief Judge Connolly granted that motion this morning, staying the case until the outcome of the Nimitz appeal.
Will the Next Two Hearings Go Forward?
Note that yesterday's initial Federal Circuit order only stayed Chief Judge Connolly's order to produce documents and other materials. The petition sought broader relief, including that the Federal Circuit "direct the district court to terminate its judicial inquisition of the Petitioner." The Federal Circuit's order does not address that request.
The Court has two more hearings on compliance with his orders coming up, covering a total of 11 additional cases. Those hearings are set for November 30 and December 6. We'll have to see whether those hearings go forward.