This is actually a quite smart move by Mr. Gura.
It keeps the Woollaed case alive at the CA4 while we wait to see if cert will be granted in Kachalsky. Should cert be granted, the CA4 will have no option but to put the en banc petition on hold pending a decision at the SCOTUS.
As an added bonus, because the case is technically still alive, it removes the CA4 decision from the table. Thereby making the split between CA7 and CA2 all the more real.
As esqappellate would say, "quite brilliant."