“U.S. District Judge Thomas Penfield Jackson has announced
that he will not rule on Microsoft’s request that his entire “final
judgment” be stayed pending appeal until Microsoft actually files
notice that it will appeal the case.”
“Jackson’s Tuesday order follows a round of legal briefs filed
in the case since Jackson’s June 7 order breaking Microsoft into
two companies to “remedy” multiple violations of federal and state
antitrust law. On Monday, government lawyers asked Jackson not to
rule on the company’s motion for a stay until Microsoft files its
appeal notice. That way, Jackson can simultaneously rule on the
stay motion and send his final judgment straight to the U.S.
Supreme Court for review.”
“Tuesday, Microsoft filed a reply brief asking Jackson to grant
a stay immediately, rather than handle the case in a manner “more
to the (Justice Department’s) liking than the one provided by law.”
Now that Jackson has once again sided with the government’s
lawyers, Microsoft could decide to file its notice of appeal – and
a second stay petition – for the appeals court without waiting for
Jackson to rule on the company’s first stay petition.”