This morning the Federal Circuit released a nonprecedential order denying a petition for a writ of mandamus to the United States District Court for the Western District of Texas. The court also released two Rule 36 judgments. Here is the introduction and conclusion of the order and links to both Rule 36 judgments.
In Re Freelancer Ltd. (Nonprecedential Order)
Freelancer Limited petitions for a writ of mandamus directing the United States District Court for the Western District of Texas to stay all further proceedings in this case pending resolution of Freelancer’s motion to dismiss. Freelancer also moves, pursuant to Federal Circuit Rule 8(b), for a stay pending its petition.
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Freelancer has identified no authority establishing a clear legal right to a stay of all proceedings premised solely on the filing of a motion to dismiss the complaint. Nor are we prepared to say, at this juncture, that any delay in failing to resolve either of Freelancer’s pending motions to dismiss and stay proceedings is so unreasonable or egregious as to warrant mandamus relief. We note that significant additional delay may alter our assessment of the mandamus factors in the future. We expect, however, that the district court will soon address the pending motion to dismiss or alternatively grant a stay.
Accordingly,
IT IS ORDERED THAT:
(1) The petition is denied.
(2) The motion to stay is denied as moot.