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625 KB
Extraction Summary
3
People
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Organizations
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Locations
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Events
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Relationships
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Quotes
Document Information
Type:
Legal document
File Size:
625 KB
Summary
This legal document, part of Case 20-3061, argues that a specific court order is not immediately appealable. It cites Title 28 of the United States Code and case law (Pappas, Caparros, Van Cauwenberghe) to establish that discovery orders, even if framed with restrictive language, do not qualify as appealable injunctions. The document concludes that the order in question is not a final judgment and does not fit into the narrow exception for appealable collateral orders in criminal cases.
People (3)
| Name | Role | Context |
|---|---|---|
| Pappas |
Cited in a legal case precedent (Pappas, 94 F.3d at 798) regarding protective orders.
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| Caparros |
Cited in a legal case precedent (Caparros, 800 F.2d at 26).
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| Van Cauwenberghe |
Cited in a legal case precedent (Van Cauwenberghe, 486 U.S. at 522) regarding appealable collateral orders.
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| Courts of Appeals | government agency |
Mentioned as having jurisdiction over interlocutory orders under Title 28, United States Code, Section 1292(a)(1).
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| Supreme Court | government agency |
Mentioned as a venue for direct review, which is an exception to the Courts of Appeals' jurisdiction over certain inj...
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Locations (1)
| Location | Context |
|---|---|
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Mentioned in the context of the 'district courts of the United States' and 'United States Code'.
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Key Quotes (4)
"[i]nterlocutory orders of the district courts of the United States . . . or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions, except where a direct review may be had in the Supreme Court."Source
— Title 28, United States Code, Section 1292(a)(1)
(Quoted to define the jurisdiction of the Courts of Appeals regarding injunctions.)
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Quote #1
"using words of restraint,"Source
— unspecified legal source
(Describing how orders regulating discovery might be phrased, but clarifying they are still not injunctions.)
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Quote #2
"Protective orders that only regulate materials exchanged between the parties incident to litigation, like most discovery orders, are neither final orders, appealable under 28 U.S.C. § 1291, nor injunctions, appealable under 28 U.S.C. § 1292(a)(1)."Source
— Pappas, 94 F.3d at 798
(Cited as precedent to argue that discovery orders are not appealable injunctions.)
DOJ-OGR-00019378.jpg
Quote #3
"small class"Source
— unspecified legal source
(Used to describe the narrow category of decisions that constitute immediately appealable collateral orders.)
DOJ-OGR-00019378.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,503 characters)
Case 20-3061, Document 38, 09/16/2020, 2932233, Page12 of 23
at issue is not related to any right not to stand trial.” Id. at 26.
2. Appeals Involving Injunctions
15. Title 28, United States Code, Section 1292(a)(1) provides that
Courts of Appeals shall have jurisdiction over “[i]nterlocutory orders of the district
courts of the United States . . . or of the judges thereof, granting, continuing,
modifying, refusing or dissolving injunctions, or refusing to dissolve or modify
injunctions, except where a direct review may be had in the Supreme Court.”
Orders regulating discovery in a criminal case, even if couched “using words of
restraint,” are not injunctions and are therefore not appealable under § 1292(a)(1).
See Pappas, 94 F.3d at 798 (“Protective orders that only regulate materials
exchanged between the parties incident to litigation, like most discovery orders, are
neither final orders, appealable under 28 U.S.C. § 1291, nor injunctions, appealable
under 28 U.S.C. § 1292(a)(1).” (internal citations omitted)); Caparros, 800 F.2d at
26.
B. Discussion
16. There is no dispute that the Order is not a final judgment and
thus is not appealable unless it fits within the “small class” of decisions that
constitute immediately appealable collateral orders. Van Cauwenberghe, 486 U.S.
at 522. Because the Order does not fall within the extremely narrow category of
collateral orders that are appealable in criminal cases, where the collateral order
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