Case3:10-cv-03561-WHA Document354

Filed08/25/11 Page1 of 2

1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United States District Court

11
For the Northern District of California

ORACLE AMERICA, INC., Plaintiff, v. GOOGLE, INC., Defendant. ___________________________________/

No. C-10-03561-WHA (DMR) ORDER RE DISCOVERY HEARING OF AUGUST 25, 2011

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Today the court held a hearing on the parties joint discovery letter of August 5, 2011 [Docket No. 277], which concerned Plaintiffs motion to compel Defendant to (re)produce certain documents, which the court will collectively refer to as the Lindholm Emails. During the hearing the court granted Plaintiffs motion, and a separate order detailing the courts reasoning will be forthcoming. After hearing the courts ruling, Defendant indicated its intent to appeal the decision to Judge Alsup. Defendant also appeared to believe that it need not produce the Lindholm Emails until Judge Alsup rules on the appeal. Defendant is mistaken. The filing of objections does not stay the operation of
the courts order. Hanni v. Am. Airlines, Inc., No. 08-732-CW, 2009 WL 1505286, at *3 (N.D. Cal. May 27, 2009); accord Blessey Mar. Servs., Inc. v. Jeffboat, LLC, No. 10-1863, 2011 WL 3349844, at *4 (E.D. La. Aug. 3, 2011) (collecting cases).

Case3:10-cv-03561-WHA Document354

Filed08/25/11 Page2 of 2

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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. Lindholm.
UNIT ED
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Dated: August 25, 2011

ER

F D IS T IC T O R

DONNA M. RYU United States Magistrate Judge

United States District Court

11
For the Northern District of California

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IT IS SO ORDERED.

IT IS S

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