Miller has agreed to hold a status conference to consider scheduling further proceedings in the case, in response to a joint request by FSC and the government. The status conference is scheduled to take place April 25.
Further litigation will take account of the changes that Congress made to the statutory record-keeping system last July.
“Judge Miller has not amended or vacated the preliminary injunction entered in December 2005. As to secondary producers and all other matters addressed, it remains in full force and effect unless and until he does so, or until he enters a final order in the case,” said Reed Lee, FSC Board member and president of the First Amendment Lawyers Association.
“That is not likely to happen soon. In the meantime, if the government moves to vacate a portion of that injunction, FSC is prepared to move that it be expanded. We should have a better idea about the timing and direction of the 2257 litigation after the April 25 status hearing,” Lee said.
