[Lurking Libertarian]

Unenforceable??? Then why did the judge permit this mental masturbation to continue?

People are reading too much into the judge's comment. The original order was signed by a Magistrate (a kind of "junior judge"). Apple (as was its right) appealed the Magistrate's ruling to the District Judge. What the judge said was that, since the order was on appeal, it couldn't be enforced until that appeal was decided. He didn't say that it was never valid.

[Swordmaker]

People are reading too much into the judge's comment. The original order was signed by a Magistrate (a kind of "junior judge"). Apple (as was its right) appealed the Magistrate's ruling to the District Judge. What the judge said was that, since the order was on appeal, it couldn't be enforced until that appeal was decided. He didn't say that it was never valid.

Magistrate Sheri Pym is the judge who would be hearing the case, and the Magistrate Judge who signed the agreement. I agree with what you said, though.

[zeugma]

 

People are reading too much into the judge's comment. The original order was signed by a Magistrate (a kind of "junior judge"). Apple (as was its right) appealed the Magistrate's ruling to the District Judge. What the judge said was that, since the order was on appeal, it couldn't be enforced until that appeal was decided. He didn't say that it was never valid.

Just so. Exactly right. Until/unless appeals are exhausted, there is no foul on Apple's part.