Opinion
02-C-21-C.
September 16, 2004
ORDER
In an order dated August 23, 2004, I modified the injunction concerning photocopies of clippings pursuant to directions provided in Lindell v. Frank, Nos. 03-2651 03-2765 (7th Cir. July 19, 2004). The modified injunction enjoined defendants from enforcing their publisher's only rule to the extent that it prohibits plaintiff Lindell from receiving a reasonable number of photocopies of clippings that are from published sources and in a reasonable format.
Now before this court is plaintiff's motion to amend the injunction and schedule briefing on the issue. In addition, plaintiff has informed this court that he has filed a petition for a rehearing en banc with the Court of Appeals for the Seventh Circuit. Under Fed.R.App.P. 41(d)(1), the timely filing of a petition for rehearing en banc stays the mandate issued by the Court of Appeals until disposition of the motion. As a result, the modified injunction is stayed as well. Because the Court of Appeals has not issued a ruling on plaintiff's petition for rehearing, plaintiff's motion to amend the injunction and schedule briefing is premature. I will deny the motion as unnecessary pending a ruling by the Court of Appeals.