As best as we know, here’s where the appeal of the Colacicco/McNellis matter stands. The parties in Colacicco have received a list of possible argument dates from the Third Circuit. These dates range from mid-July to the end of September. No date has been selected.
We understand the briefing to be complete in McNellis. The defendant there received leave to file a short brief replying to one of the plaintiff amici. That’s been filed, but whether the brief will ultimately be accepted rests with the eventual merits panel. We have yet to see any formal consolidation order with respect to Colacicco and McNellis.
There have been rumors that the plaintiff in Sykes will seek McNellis–style consolidation, the effect of which would be to postpone oral argument in Colacicco for probably several months. So far, those rumors appear to be based entirely on the snap notice of appeal that plaintiff filed in Sykes. Nobody we’ve talked to is aware any filed papers seeking consolidation.