Yeah, well, you'll be disappointed to know the amount of time that has passed is almost certainly bad news for Brady. My light research indicates that it is very common for the Second Circuit to deny rehearing right around the two month mark, without having ordered a response.
Every circuit has internal operating procedures or general orders that outline the timing on calling for an en banc poll and voting; unfortunately, the Second Circuit doesn't make its timing procedures public, and we've yet to have a former clerk chime in (I don't have any in my office, and am not going to send around an RFI), which is why we're mostly in the dark on timing. But generally the way it works is that there are X amount of days after the filing of the petition where one of the judges can call for a vote; if nobody calls for a vote within that period, the petition is denied. Some circuits (like the Ninth) have a procedure where, within that period, an off-panel judge can put the question to the panel, and this extends the time until the panel tells the rest of the court its views. The Ninth Circuit also has one (per court) 14-day "time out" that can be used. If a judge DOES call for a vote within the allotted time, every circuit of which I'm aware immediately orders a response. Then, after the response is in, another clock starts. If a majority of eligible voting judges don't vote to rehear within the deadline, the petition is denied.
So, at this point, I'm quite certain nobody has called for a vote, and even if the Second's voting period is 60 days (and those I'm aware of are in the 14-21 day range), there's no good reason for a judge to wait until the last moment if he intends to call for a poll. I think the best possible scenario for Brady is that the Second Circuit has a procedure similar to the Ninth's and has put the question back to the panel, and the panel is discussing, or even amending the opinion. (Or even if, since Brady filed a petition for panel rehearing and rehearing en banc, the panel has the initial opportunity to consider it, and is exercising its authority.)
But it seems (based on the timing of denials I've seen) likely that the Second just has around a 60 day period for calling for a vote (it may be 21 days for the panel, then another 30 for the full court, or 30+30, or 21+21, I don't know), and we are just waiting for it to wind down.
