The U.S. Court of Appeals for the Ninth Circuit has rejected a request from federal prosecutors to swiftly dismiss Michael Avenatti’s double jeopardy appeal, ensuring his California case won’t see a trial courtroom until at least early next year.

A three-judge panel specified the dismissal is without prejudice, which means it can still be granted if prosecutors renew the request in their answering brief. That brief is due Dec. 30, part of an expedited briefing schedule that calls for Avenatti’s opening brief to be filed by Nov. 30.