Kim Dotcom and three other men have failed in their attempt to put off a hearing to decide if they should be extradited.
The United States has been trying to extradite Mr Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato since January 2012.
The FBI claims their website, Megaupload, was wilfully breaching copyright on a mass scale, by hosting illegally-created movie, music and software files.
The main extradition hearing is due to get underway on Thursday, but at a preliminary hearing yesterday the men's' lawyers applied for a stay in proceedings.
However, in a minute issued this afternoon, Judge Nevin Dawson said the applications were best heard in the context of the extradition hearing.
Judge Dawson said if the applications were successful, then that could bring about an adjournment or a conclusion of the hearing, and the men would suffer no prejudice.