As discussed here, Apple was due to file its reply to Psystar's opening brief in the appeal. However, on June 15, 2010, the following docket entry is noted:
Filed clerk order (Deputy Clerk:CAG): The appellee's motion for an extension of time in which to file the answering brief is granted. The answering brief is due July 8, 2010. The optional reply brief is due 14 days after service of the answering brief. [7372209] (AF)
It is expected that the entire Reply will be filed under seal, but we will check and let you know once it is filed.
There has also been activity in the Florida case as follows:
PAPERLESS ORDER SETTING STATUS CONFERENCE AND REQUIRING MEDIATION. ( Status Conference set for 7/21/2010 11:30 AM in Miami Division before Senior Judge William M. Hoeveler.)This conference will be held at Federal Courthouse Square, Courtroom 9, Ninth Floor, 30l North Miami Avenue, Miami, Florida. The parties shall prepare and file their joint scheduling report prior to the status conference. Within thirty (30) days from the date of this order, the parties shall select a certified mediator under Local Rule 16.2.B and shall schedule a time, date and place for mediation. In the event the parties cannot agree on a certified mediator, they shall advise the Clerk and the Clerk shall designate a certified mediator under a blind rotation system. Signed by Senior Judge William M. Hoeveler on 6/9/2010. (lcs) (Entered: 06/09/2010)
I would expect that at least one of the parties will request a Stay of this proceeding and requirement to mediate pending the outcome of the appeal.
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