In Re: Apple Inc.
November 14, 2022
For these reasons, we conclude that the district court clearly abused its discretion in issuing its scheduling order. We do not decide in this case (which does not present the issue) whether and the extent to which merits discovery may proceed pending discovery for a decision on a transfer motion. We determine only that decision of a transfer motion must proceed expeditiously as the first order of business and that venue discovery must proceed immediately to enable such a prompt decision of the transfer motion.
IT IS ORDERED THAT:
The petition and motion are granted to the extent that the district court’s amended scheduling order is vacated, and the district court is directed to postpone fact discovery and other substantive proceedings until after consideration of Apple’s motion for transfer.
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