Max is sitting on the stairs behind the "gate" because he is in time-out. He always sits behind the gate because Atticus now joins him every time, and it drives Max crazy. As soon as Max is sent to time out, Atticus crawls right on over and sits on the bottom step until Max comes out. It is really cute, but I have no idea why Atticus does it. Perhaps he feels sorry for Max, or he thinks time-out is cool because Max is doing it?