Well, a tiny bit of movement today:
02/07/2011 MANDATE ISSUED to Clerk, District Court [10-5032]
I believe this means that the stay the Court of Appeals first placed on Judge Leon's grant of a preliminary injunction has now been officially lifted. Confusing, I know--but Judge Leon issued a preliminary injunction against the FDA, basically telling the FDA it could not seize
njoy's products (and also SE, which is no longer a party in the case) while the case in chief was pending. The FDA appealed that preliminary injunction, and the Court of Appeals stayed Judge Leon's grant of the preliminary injunction. In English, the Court of Appeals said that until it could hear the appeal, Judge Leon's decision was basically on hold.
It is my understanding that the issuance of the mandate means that the stay has been lifted . . . meaning that the FDA officially cannot seize
njoy's products.
More importantly, Yolanda is thinking that this means the case is officially back with Judge Leon.