1. “Whether rehearing en banc is warranted where, after the panel’s denial of mandamus, the district court issued an order (Doc. 139) before the mandate had issued, relying on a Federal Circuit docket entry (Doc. 21) that had not been transmitted or made operative-thereby acting without jurisdiction in violation of Federal Rule of Appellate Procedure 41 and longstanding mandate principles.”
2. “Whether the panel misapplied authority addressing routine civil delay to a materially different record involving extraordinary procedural circumstances, including seven months of unresolved, fully briefed motions; cross-case prejudice affecting two related actions; coercive settlement pressure created by defaulted defendants; a defaulted defendant entering bankruptcy while a motion for default judgment remained pending; and prior appellate findings of abuse of discretion involving the same district court.“
