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Originally Posted by John F
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It's not clear from this and related articles how long the granted 'administrative stay' is for. It seems to be up until the court hears an appeal against the monitorship, which the 2nd circuit judges say will be heard 'as soon as possible'.
The DOJ seems happy with them granting this short stay. After all, the monitor doesn't have to be on the case every day - he just has to be able to review and interview periodically.
I think I've got this clear:
Apple are arguing that the presence of the monitor is causing them irreversible harm and so the monitoring should be delayed until after their main appeal against the Judge Cote verdict itself, which will happen later in the year.
The 2nd Circuit are permitting an interim appeal ASAP to decide whether to grant this and remove the monitor until after the main appeal.
So what happens if Apple lose their main appeal, but say they're going to take it on to the Supreme Court? Their same argument would presumably still apply and they could delay having the monitor imposed again.
Graham