I posted here about Judge Henderson's order denying ARG's Motion to Dismiss in a case brought by Asis.  ARG now filed a motion seeking a certificate of appealability and a stay, pending resolution of the appeals in Virtumundo and Azoogle.  (Access the motion here [pdf].)  ARG also seeks a bond.

Nothing earthshattering here, except that I happened to check the Virtumundo docket and it's unclear what's going on with it.  It's been fully briefed for a while now, but Gordon has filed a few miscellaneous motions.  I can't tell whether it's set for argument soon, but that's probably because the Ninth Circuit website is not the most user friendly.  (I have no idea what standards the Ninth Circuit uses to consolidate appeals but I wondered whether that would be appropriate here.  Virtumundo and Azoogle present pretty much the same issues (although the court in Azoogle granted SJ on an alternate basis as well).  The cases are unlikely to qualify, but it's a thought . . . one way to avoid the problem of two panels coming to different conclusions on the core issues.)

I don't think Judge Henderson is likely to grant ARG's motion.  My guess is that district court judges see interlocutory appeals as appropriate in the most extreme situations.  A denial of a motion to dismiss doesn't qualify.