Unites States of America v. Apple, Inc. et al

Filing 440

ORDER of USCA (Certified Copy) as to 439 Notice of Appeal filed by Apple, Inc. USCA Case Number 14-0060-cv. Appellant moves for (1) a stay of that portion of the district court's injunction entered on September 5, 2013 that imposes an external compliance monitor, pending appeal of the district court's judgment as well as its denial of objections to the external compliance monitor's conduct, and (2) for an administrative stay pending the Court's adjudication of this motion. The Government opposes the request for a stay pending appeal, but does not oppose the request for an administrative stay.IT IS HEREBY ORDERED that the motion for a stay pending appeal is REFERRED to a three-judge motions panel and shall be heard as soon as possible. IT IS FURTHER ORDERED that an administrative stay of the district court's order is granted until the motion for stay pending appeal is determined by the motions panel. The Government's opposition to the motion for a stay pending appeal must be filed by close of business on Friday, January 24, 2014. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 1/21/204. Certified: 1/21/2014. (nd)

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Case: 14-60 Document: 17 Page: 1 01/21/2014 1137828 1 NYSD CASE #: 1:12-cv-02826-DLC UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ______________________________________________ At a Stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 21st day of January, two thousand and fourteen. Before: Raymond J. Lohier, Jr., Circuit Judge. ______________________________________ United States of America, USDC SDNY DOCUMENT ELECTRONICALLY FILED DOC #: _________________ DATE FILED: January 21, 2014 ______________ Plaintiff-Appellee, v. ORDER Docket No. 14-60 Apple Inc., Defendant-Appellant. _______________________________________ Appellant moves for (1) a stay of that portion of the district court’s injunction entered on September 5, 2013 that imposes an external compliance monitor, pending appeal of the district court’s judgment as well as its denial of objections to the external compliance monitor’s conduct, and (2) for an administrative stay pending the Court’s adjudication of this motion. The Government opposes the request for a stay pending appeal, but does not oppose the request for an administrative stay. IT IS HEREBY ORDERED that the motion for a stay pending appeal is REFERRED to a three-judge motions panel and shall be heard as soon as possible. IT IS FURTHER ORDERED that an administrative stay of the district court’s order is granted until the motion for stay pending appeal is determined by the motions panel. The Government’s opposition to the motion for a stay pending appeal must be filed by close of business on Friday, January 24, 2014. For the Court: Catherine O’Hagan Wolfe, Clerk of Court CERTIFIED COPY ISSUED ON 01/21/2014