I saw the question as to whether it will be the same Judge or not. There is no way to know for sure whether it is the same Judge or not. It was not one Judge in the mentioned case. The Federal Appeals court is always three Judges. Every one of the Judges is aware of Ropes & Gray's attorney Drimeier since he has been named a DC super Lawyer for several years and has over 50 cases won in the Appeals court.
Hopefully this answers your question..