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Case 20-3061, Document 38, 09/16/2020, 2932233, Page18 of 23
the appellate courts do not repeatedly intervene to second-guess prejudgment
rulings.” Mohawk, 558 U.S. at 106 (alterations in original) (internal quotation
mark omitted) (quoting Firestone, 449 at 374; Richardson-Merrell Inc. v. Koller,
472 U.S. 424, 436 (1985)).
23. The cases cited in Maxwell’s notice of appeal do not alter this
analysis. All three are inapposite because they involved appeals by intervenors —
not parties — seeking to modify protective orders in civil cases. See Pichler v.
UNITE, 585 F.3d 741, 745-746 (3d Cir. 2009) (third party intervernor foundation
appealing order denying motion to modify protective order in civil litigation to
allow third party access to discovery materials); Minpeco S.A. v. Conticommodity
Servs., Inc., 832 F.2d 739, 741 (2d Cir. 1987) (Commodity Futures Trading
Commission (“CFTC”) acting as third party intervenor appealing order denying
motion to modify protective order in civil litigation to allow CFTC to obtain
discovery exchanged by parties to civil case permissible because “|t]he entire
controversy between the CFTC and the defendants in this case was disposed of by
the district court’s denial of the government’s motion to modify the protective
order’); Brown v. Maxwell, 929 F.3d 41, 46 (2d Cir. 2019) (third party intervenors,
including members of the press, appealing order denying motion to modify
protective order in civil litigation to allow third parties access to sealed filings,
after parties to the litigation settled). Thus, appellate jurisdiction in those cases
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Document Details
| Filename | DOJ-OGR-00019384.jpg |
| File Size | 680.0 KB |
| OCR Confidence | 93.8% |
| Has Readable Text | Yes |
| Text Length | 1,621 characters |
| Indexed | 2026-02-03 19:42:51.209444 |