Appeals, Recalling the Mandate or Remittitur, Extraordinary Circumstances Required, 2, 12
In a brief order, the Ninth Circuit denies the parties’ joint application for it to recall its remittitur so that the district court will not proceed with the case on remand while the defendant petitions the US Supreme Court for certiorari. Recalling the mandate is a last resort remedy to be held in reserve against grave, unforeseen contingencies. There was nothing unforeseen in the court’s issuing its mandate. If the parties did not wish the district court to proceed while a petition for certiorari was filed, they should have moved the Ninth Circuit stay issuance of the mandate before it was issued. And, in any event, the parties can move in the district court for a stay of proceedings.