In 2009, the Third Court of Appeals revisited the case on April 14 (Nos. 08-3078 et al.) With judges Scirica, Ambro, and Fuentes once again on the bench, the court granted the foregoing motion to hold cases in abeyance pending further order of the Court. The opinion was issued by Chief Judge Scirica, and ordered the parties to show cause within twenty-one days why the stay that was ordered by the court in the original case, as well as the 2004 main case, should not be lifted. The parties were ordered to electronically submit briefs to make their case.