It's fairly common for appellants to be granted a stay of an order if they can successfully argue it would cause "irreparable harm". The best example is the case of of a ticket reseller ordered to disclose the source of the tickets. I don't know the final outcome, but a stay was granted because the bell of disclosure could not be unrung if the sellers won their appeal. I would expect that CA would argue "irreparable harm" if the 9th appellate decision was overturned en banc, and they would be right (speaking legally, nor morally) in that the order would have allowed ore mags into CA based on an order that was eventually overturned.
But, what I do not know (can some attorney chime in please???) is if filing the appeal of the appellate decision automagically places that decision on hold.