I believe Judge wants all the issues resolved after decision on the Appeal . JMHO
See following paragraphs !
Although Apple was dismissed
by stipulation of the parties on December 19, 2013, the motions remain pending because of joinders
filed in related
e.Digital cases.
Originally, Apple’s motion was styled as a motion to alter or amend judgment under Rule 59(e),
but Rule 59(e) applies only to final judgments.
See United States v. Martin, 226 F.3d 1042, 1048 (9th
4 The stipulated judgments here are expressly not final judgments. Thus, to the extent the
motion is based on Rule 59(e), it is denied.
