At that time, U.S. District Court Judge Cormac J. Carney also ordered prosecutors to prove why the drug case against Nicholas should not be thrown out.
A hearing had been set for Feb. 2.
Carney must still approve the government's motion to dismiss the drug case.
A spokesman for Nicholas did not immediately return an e-mail requesting comment.
Nicholas was indicted in 2008 on drug and backdating counts, including allegations that he slipped ecstasy into the drinks of business associates and maintained a drug warehouse.
