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

Filing 463

ORDER of USCA (Certified Copy) as to 381 Notice of Appeal, filed by Verlagsgruppe Georg Von Holtzbrinck GMBH, Holtzbrinck Publishers, LLC, 379 Notice of Appeal, filed by Apple, Inc., 439 Notice of Appeal filed by Apple, Inc., 380 Notice of Appeal filed by Simon & Schuster, Inc. USCA Case Number 13-3741(L). Apple Inc. has filed an emergency motion seeking a stay of class notification and a stay of the damages trial that is scheduled to commence in July 2014, pending appeal. Apple also requests an administrative stay of the class notification (scheduled to commence on April 28, 2014) while the Court determines the request for a stay pending appeal. IT IS ORDERED that the request for a stay of class notification and for a stay of the damages trial, pending appeal, is hereby REFERRED to a three-judge panel. IT IS FURTHER ORDERED that the request for an administrative stay of the class notification (scheduled to commence on April 28, 2014) is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 04/25/2014. (nd)

Case: 13-3741

Document: 190

Page: 1

04/25/2014

1210992

2
N.Y.S.D. Case #
12-cv-2826(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
25th day of April, two thousand and fourteen.

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
_________________
28,
DATE FILED: April 25 2014
______________

Before:

Peter W. Hall,
Circuit Judge.
__________________________________________
United States of America, et al.,
Plaintiffs-Appellees,

ORDER

v.

Docket Nos.

Apple, Inc., Simon & Schuster, Inc., Verlagsgruppe
George Von Holtzbrinck GMBH, Holtzbrinck Publishers,
LLC, DBA Macmillan, Simon & Schuster Digital Sales, Inc.,

13-3741(L)
13-3748(con)
13-3783(con)
13-3857(con)
13-3864(con)
13-3867(con)

Defendants-Appellants.
___________________________________________
In Re: Electronic Books Antitrust Litigation
*******************************************
Apple Inc.,
Petitioner,
v.

Docket No. 14-1092

Anthony Petru, et al.,
Respondents.
____________________________________________
Apple Inc. has filed an emergency motion seeking a stay of class notification and a stay
of the damages trial that is scheduled to commence in July 2014, pending appeal. Apple also
requests an administrative stay of the class notification (scheduled to commence on April 28,
2014) while the Court determines the request for a stay pending appeal.
IT IS ORDERED that the request for a stay of class notification and for a stay of the
damages trial, pending appeal, is hereby REFERRED to a three-judge panel. IT IS FURTHER

CERTIFIED COPY ISSUED ON 04/25/2014

Case: 13-3741

Document: 190

Page: 2

04/25/2014

1210992

2

ORDERED that the request for an administrative stay of the class notification (scheduled to
commence on April 28, 2014) is GRANTED.

For the Court:
Catherine O’Hagan Wolfe,
Clerk of Court