Note: This order is nonprecedential. Gnited States Court of Appeals
for the Federal Circuit
IN RE ORACLE CORPORATION,
Petitioner.
2010-M935
On Petition for Writ of Mandamus to the United States District Court for the Eastern District of Texas in case no. 08-Cv-371, Judge T. John Ward.
ON PETITION FOR WRIT OF MANDAMUS
Before RADER, FRIEDMAN, and GAJARSA, Circuit Judges.
ORDER
Oracle Corporation (Oracle) petitions for a writ of mandamus to direct the United States District Court for the Eastern District of Texas to vacate its December 8, 2009 order denying Oracle’s motion to transfer venue, and to direct the Texas district court to transfer the case to the United States District Court for the Northern District of California. Financial Systems Technology (Intell. Property) Pty. Ltd. et al. (FST) oppose. Oracle replies.
2IN RE ORACLE CORP 2
On December 9, 2009, a Magistrate Judge of the District Court for the Eastern District of Texas denied Oracle’s motion to transfer pursuant to 28 U.S.C. § 1404(a). Pursuant to Rule 72 of the Federal Rules of Civil Procedure, Oracle moved the district court for reconsideration of the Magistrate Judge’s order. Oracle filed this petition for a writ of mandamus before the district court issued a decision on the matter. It would be inappropriate for this court to consider the matter while it remains pending before the district court. We deny Oracle’s petition for a writ of mandamus without prejudice to refiling.
Accordingly, It Is ORDERED THAT: The petition is denied without prejudice.
For THE COURT
MAY 19 2010 /s/ Jan Horbaly
Date Jan Horbaly
Clerk
ce: Elizabeth A. Howard, Esq.
Scott L. Cole, Esq. Clerk, United States District Court for the Eastern District of Texas
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