Mandate Withheld In Conflicts Minerals Case

In a little known action, the Clerk of Court of the Unites States Court of Appeals for the District of Columbia issued an order in the conflicts minerals case to withhold issuance of a mandate until seven days after disposition of any timely petition for rehearing or petition for rehearing en banc.

You can see the one page order here.

According to Dave Lynn at, this means “the government’s petition for rehearing is not due until 45 days after the Court’s decision, which is May 29. So, unless there is further action by the Court, the earliest that the mandate would issue and the decision could have binding legal effect would be sometime in June, after the June 2, 2014 deadline by which Form SDs are required to be filed. The Court could of course change its mind and decide to issue the mandate earlier–the separate order issued today specifically contemplates that a party may ask for the mandate to be issued earlier for good cause.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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