Motion for Stay (of Order opening depositions to the public).
Re: DOJ v. Microsoft II, Case No. 98-CV-1232.
Dated and Filed August 12, 1998.
Source: Clerk of the Court, U.S. District Court, District of Columbia.  This document was created by TLJ by scanning a paper copy, and converting it to HTML.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

_____________________________________

UNITED STATES OF AMERICA,

Plaintiff,

vs.

MICROSOFT CORPORATION,

Defendant.

_____________________________________

STATE OF NEW YORK ex rel.
Attorney General DENNIS C.VACCO, et al.,

Plaintiffs,

vs.

MICROSOFT CORPORATION,

Defendant.

_____________________________________

MICROSOFT CORPORATION,

Counterclaim-Plaintiff,

vs.

DENNIS C. VACCO,
Attorney General of the State of New York,
In his official capacity, et al.,

Counterclaim-Defendants.

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)   Civil Action No. 98-1232 (TPJ)
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)  Civil Action No. 98-1233 (TPJ)
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MOTION FOR STAY

Defendant Microsoft Corporation ("Microsoft") hereby moves for a stay pending appeal of the Court's Order of August 11, 1998 granting the motion of The New York Times Company, et al., ("Movants") to attend pretrial discovery depositions in this action (the "Order").

The grounds for the motion are the following:

1 . There is a substantial threshhold legal issue of first impression as to the applicability of 15 U.S.C. § 30 to modem pretrial discovery depositions, as recognized in the Order. There is no First Amendment issue, Seattle Times Co. v. Rhinehart, 467 U.S. 20 (1984), and the cited statute is the sole basis for Movants' application.

2. Microsoft intends to appeal the Court's Order. A stay is necessary to obtain appellate review before the important issue to be addressed has been mooted by the taking of the depositions in question, following agreement on the protocol directed to be submitted by the Order.

3. Movants will suffer no prejudice from a stay. Their sole claimed right is to view the depositions as an audience views a play. All of the depositions are being videotaped. Should Movants' position be sustained on appeal, they can be afforded the opportunity to view those videotapes, subject to the redaction of trade secrets or other confidential information. The res to which they claim access will be fully preserved, and is not time sensitive as would be matters of war or diplomacy.

4. The procedures desired by Movants are extremely prejudicial to the completion of pretrial discovery in accordance with the Court's expedited schedule. A stay will permit the continuation of the parties' strenuous efforts to comply with that schedule.

Dated: New York, New York August 12, 1998

Respectfully submitted,

[The names and addresses of Microsoft's many attorneys are not reproduced here.]

CERTIFICATE OF SERVICE

I hereby certify that on this 12th day of August, 1998, 1 caused a true and correct copy of the foregoing Motion for Stay to be served by facsimile and overnight carrier upon:

[The names and addresses of governments' many attorneys are not reproduced here.]

__________________
Christopher J. Meyers