A&M RECORDS, INC., a corporation; et al.,
Plaintiffs -Appellees,
v.
NAPSTER, INC.,
Defendant-Appellant
JERRY LEIBER, individually and doing business as JERRY LEIBER; et al.,
Plaintiffs-Appellees
v.
NAPSTER, INC.,
--
No. 00-16401
DC# CV-99-5183-MHP
Northern California
No. 00-16403
DC# CV-99-5183-MHP
Northern California
ORDER
Before: KOZINSKI and SILVERMAN, Circuit Judges
The court, on its own motion, consolidates these two preliminary injunction appeals.
The motion of Casanova Records, et al., to file a brief amicus curiae in support of appeellees' opposition to appellant's motion for stay is GRANTED. The clerk shall file the amicus brief received July 28, 2000.
Appellant having raised substantial questions of first impression going to both the merits and the form of the injunction, the emergency motion for stay and to expedite the appeal are GRANTED.
The preliminary injunction issued by the district court in this matter is STAYED pending further order of this court.
The briefing schedule is as follows: Appellant's opening brief is due August 18, 2000; Appeellees' consolidated answering brief is due September 8, 2000; and the optional reply brief is due September 12, 2000.
The Clerk shall schedule oral argument on the next available calendar after
briefing is complete.