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Extracted Text (OCR)
Case 20-3061, Document 37, 09/16/2020, 2932231, Page14 of 24
rule is “interpreted . . . ‘with the utmost strictness,’” the appeal should be
dismissed. Midland Asphalt, 489 U.S. at 799 (quoting Flanagan, 465 U.S. at 265).
Among other things, the Order does not meet the third criterion of the standard for
identifying immediately appealable collateral orders, which requires that the order
being appealed from be “effectively unreviewable on appeal from a final
judgment.” Van Cauwenberghe, 486 U.S. at 522 (internal quotation mark omitted)
(quoting Coopers & Lybrand, 437 U.S. at 468). Accordingly, this Court does not
have jurisdiction to review the Order, and Maxwell’s appeal should be dismissed.
17. Asan initial matter, when evaluating Maxwell’s appeal, this
Court cannot engage in an “individualized jurisdictional inquiry” based on the facts
of this case, but instead must focus on the “entire category to which a claim
belongs.” Mohawk, 558 U.S. at 107 (internal quotation marks omitted) (quoting
Coopers & Lybrand, 437 U.S. at 473; Digital Equipment Corp. v. Desktop Direct,
Inc., 511 U.S. 863, 868 (1994)). Here, like any other order regulating the use of
discovery materials exchanged by the parties during litigation, Judge Nathan’s
Order declining to modify the Protective Order in this criminal case is not subject
to interlocutory appeal. See Pappas, 94 F.3d at 798; Caparros, 800 F.2d at 24-26.
18. There can be no serious suggestion that this Order falls within
the four categories of orders that the Supreme Court has identified as appealable
prejudgment in criminal cases, as the Order does not address bail, double jeopardy,
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Dates
Document Details
| Filename | DOJ-OGR-00019356.jpg |
| File Size | 700.1 KB |
| OCR Confidence | 94.4% |
| Has Readable Text | Yes |
| Text Length | 1,668 characters |
| Indexed | 2026-02-03 19:42:33.420690 |