Pursuant to Rule 23(f), an appeal of class certification does not result in an automatic stay of the underlying case. Instead, either the order granting the appeal must specifically impose a stay (which this one does not) or the district court must affirmatively order a stay. As of this writing, the district court has not entered such an order.
The Second Circuit's order granting the appeal was entered as Docket No. 1057 on the district court's docket. (But, it does not yet appear in the Justia report – check Justia later, as it will probably be posted in due course.)
I am an IP attorney practicing with Eckert Seamans Cherin & Mellott in their IP practice in the Philadelphia ofice. You can also follow me on Twitter: @PaTMLawyer. PLEASE NOTE: ALL OF THE VIEWS EXPRESSED IN THIS BLOG ARE MINE ALONE, AND DO NOT NECESSARILY REFLECT THE VIEWS HELD BY OTHER ATTORNEYS IN THE FIRM.
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