Following this, the defendants of Prop 8 filed an appeal to the Ninth Circuit Court while filing a motion to stay the discovery order (aka - order to hand over documents). This court has just responded. Proposition 8 and the Right to Marry posted a comment from lawyer Rick Xiao:
Signaling that the federal court of appeals may lack jurisdiction over Prop. 8 proponents' interlocutory appeal of Judge Walker's discovery order, the Ninth Circut has issued an Order to Show Cause requiring Prop. 8 proponents to explain why their appeal should not be dismissed for lack of jurisdiction. The Ninth Circuit's Order strongly suggests that Judge Walker would be well justified to deny Prop. 8 proponents' request for a stay of discovery pending the appeal.Here is the Ninth Circuit Court's order to show cause.
9th Circuit Order to Show Cause in Discovery Dispute Perry v Schwarzenneger
I think the defendants need to stop throwing a hissy fit. Let's just get this trial rolling.