TIVO vs E*

[Mainer_Ayah]

The status of the stay is unknown but will probably be extended for the duration.

Is that probability your opinion, or did you see that on PACER. I know I saw nothing on PACER about the stay.

[jacmyoung]

Excellent news. The drama continues.

Thomas, do you have a source on that so I can post it to the front page?

Rocky what about you? I am sure some docs are already available at the Circuit.

[jacmyoung]

The judges have not ruled on the stay. It is a separate issue. The clerk was able to go through the relatively automatic actions of docketing the case, setting a date for the appellant to submit a brief, and to notify the parties. A decision on whether to grant a stay pending the appeal will be far from automatic.

Never said it would be automatic, if it were automatic, the parties would not have argued on the stay issue and this thread would have been 50 pages shorter

[Mainer_Ayah]

Never said it would be automatic, if it were automatic, the parties would not have argued on the stay issue and this thread would have been 50 pages shorter

I know you realize that the point I am making is that the docketing of the case and the granting of a stay have no correlation whatsoever in the workings of the court. One thing happening has no bearing on the other thing happening.

[rockymtnhigh]

Rocky what about you? I am sure some docs are already available at the Circuit.

No, not if they are not finding it on Pacer. We have a call into Dish; but it sounds like its just that the case has been docketed, if I am reading the posts correctly.

[Scott Greczkowski]

I have called Dish and no one knows anything, but if they hear something they will let us know.

[Thomas22]

I have called Dish and no one knows anything,

Did you ask them anything about TlVo vs. Echostar?

[jacmyoung]

The judges have not ruled on the stay. It is a separate issue. The clerk was able to go through the relatively automatic actions of docketing the case, setting a date for the appellant to submit a brief, and to notify the parties. A decision on whether to grant a stay pending the appeal will be far from automatic.

According to Thomas22, E*'s briefing was already scheduled by 8/17/09, if so the appeal is formally on its way, I thought the desicion on stay or not should come at the same time?

[jacmyoung]

Did you ask them anything about TlVo vs. Echostar?

I doubt people there are allowed to say anything even if they know, until an official press release.

[Mainer_Ayah]

According to Thomas22, E*'s briefing was already scheduled by 8/17/09, if so the appeal is formally on its way, I thought the desicion on stay or not should come at the same time?

Sure. Like I said the case has been docketed and the administrative wheels are turning. Dish has been given a date to submit their briefing document to the court. At which time it will be reviewed. After review, perhaps it will be deemed a frivolous appeal and the appellant dealt with accordingly, perhaps it will be simply dismissed, perhaps the court, if they see merit, will entertain a response from the appelee. All that has been accomplished is getting a spot on the docket, kind of like getting an appointment with the doctor.
The issue that is before the judges right now is whether to grant a stay pending the appeal. And, if you study the circumstances of this case, and how the last appeal is going to affect this one, and also understand the circumstances under which the appeals court can take on a case where contempt has been found by the circuit court, then you will also understand that a stay is highly unlikely.