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)

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