Oracle America, Inc. v. Google Inc.

Filing 354

ORDER re #353 Discovery Hearing. Signed by Magistrate Judge Donna M. Ryu on 8/25/2011. (dmrlc2, COURT STAFF) (Filed on 8/25/2011)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 ORACLE AMERICA, INC., 12 Plaintiff, 13 GOOGLE, INC., 15 ORDER RE DISCOVERY HEARING OF AUGUST 25, 2011 v. 14 No. C-10-03561-WHA (DMR) Defendant. ___________________________________/ 16 17 Today the court held a hearing on the parties’ joint discovery letter of August 5, 2011 18 [Docket No. 277], which concerned Plaintiff’s motion to compel Defendant to (re)produce certain 19 documents, which the court will collectively refer to as the Lindholm Emails. During the hearing 20 the court granted Plaintiff’s motion, and a separate order detailing the court’s reasoning will be 21 forthcoming. 22 After hearing the court’s ruling, Defendant indicated its intent to appeal the decision to Judge 23 Alsup. Defendant also appeared to believe that it need not produce the Lindholm Emails until Judge 24 Alsup rules on the appeal. Defendant is mistaken. The filing of objections does not stay the operation of 25 the court’s order. Hanni v. Am. Airlines, Inc., No. 08-732-CW, 2009 WL 1505286, at *3 (N.D. Cal. May 27, 26 2009); accord Blessey Mar. Servs., Inc. v. Jeffboat, LLC, No. 10-1863, 2011 WL 3349844, at *4 (E.D. La. 27 Aug. 3, 2011) (collecting cases). 28 1 Thus, the court hereby ORDERS that Defendant produce the Lindholm Emails to Plaintiff immediately; and it further ORDERS that the parties immediately arrange for the deposition of Mr. 3 Lindholm. 8 10 11 For the Northern District of California N F D IS T IC T O R R NIA C DONNA M. RYU United States Magistrate Judge 9 United States District Court ER H Dated: August 25, 2011 . Ryu FO RT 7 onna M Judge D NO 6 LI IT IS SO ORDERED. ERED O ORD IT IS S A 5 UNIT ED 4 ISTRIC ES D TC AT T RT U O S 2 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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