A trial on the counts on which the jury could not reach a verdict had been ordered to begin on May 18, 2015. However, on May 16, 2015, the prosecution filed its "Government's Motion to Dismiss Counts One, Two and Four of the Superseding Indictment Without Prejudice," citing "issues regarding the technical sufficiency of the Superseding Indictment, including the adequacy of notice." Later, on May 16, the Court cancelled the jury selection and trial that had been scheduled to begin on Monday, May 18, in order, in the Court's words, to permit the defendants to respond to the government's motion.