Cave Consulting Group, Inc. v. OptumInsight, Inc.,
Order by Chief Magistrate Judge Joseph C. Spero denying 167 Motion to Stay. (jcslc2, COURT STAFF) (Filed on 3/7/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
CAVE CONSULTING GROUP, INC.,
Case No. 15-cv-03424-JCS
ORDER DENYING MOTION TO STAY
Re: Dkt. No. 167
United States District Court
Northern District of California
This Court previously granted a motion by Defendant OptumInsight, Inc. to stay pending
interlocutory appeal the Court’s previous order granting in part a motion to compel production of
documents. The Court stayed OptumInsight’s document production obligations until twenty-one
days following the disposition of OptumInsight’s interlocutory appeal. The United States Court of
Appeals for the Federal Circuit denied OptumInsight’s petition for interlocutory appeal on
February 24, 2017. Although the Federal Circuit’s order was without prejudice to OptumInsight
filing a subsequent petition for mandamus, it disposed of the interlocutory appeal within the
meaning of this Court’s previous order granting a stay.
OptumInsight now moves once again to stay its discovery obligations pending the outcome
of a petition for mandamus. See dkt. 167. The Court finds that OptumInsight has not met its
burden to obtain a further stay. See Nken v. Holder, 556 U.S. 418, 433−34 (2009). In the
discretion of the Court, that motion is DENIED.
IT IS SO ORDERED.
Dated: March 7, 2017
JOSEPH C. SPERO
Chief Magistrate Judge
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