And if the appellate court reinstates an injunction after its April 30 hearing, there will no fight.
At an April 13 hearing, another request for dismissal of charges was denied.
The judge ordered that he continue to be held without bail pending an April 26 hearing on pretrial motions.
The decision was the result of an April 21 hearing before 16 of the 17 Federal judges in the district.
The ruling comes three weeks after a late April hearing on the matter.
He also admitted to being on methadone for heroin withdrawal at the time of the April hearing.
Some parties elected to await the outcome of the April 11 hearing while others elected to settle.
Tensions between the two groups erupted at an April 26 public hearing on the master plan.
Judge Mishler raised the cap to 740, pending an April 15 hearing on the motion.
Transferred to the county jail, he has an April 1 hearing before a Tampa judge.