Should this Court issue a writ of mandamus requiring the district court to comply with well-established law and stay the merits proceedings in this case until it has resolved pending venue and transfer motion?
Here, though, the magistrate judge has now issued a report and recommendation denying Netflix’s venue motion and has stated that the district court is proceeding toward quick resolution of Netflix’s motion. In addition, the motion has been pending for a shorter time than in past cases, and the district court has not issued other substantive orders in the case. We are thus not convinced that an exceptional writ of mandamus is appropriate under the circumstances. We expect, however, the court will promptly decide the pending motion to dismiss or transfer.
IT IS ORDERED THAT:
The petition is denied.