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Extracted Text (OCR)
Case 20-3061, Document 69, 09/28/2020, 2940206, Page12 of 15
is that, unless the unsealing order is reversed, she likely won’t be able to “properly
litigate” the Martindell issue at all.
Nor is this appeal the proper forum for deciding whether the government
improperly circumvented Martindell. All Ms. Maxwell seeks here is an order
allowing her to share with Judge Preska information that is essential to her decision
to unseal the deposition material and to rule on a motion to stay, information Judge
Preska did not know at the time and information the government insists should be
kept from her. And that issue—whether it is proper for one Article III judge, at the
request of the government, to keep secret from a co-equal judge information
relevant and material to the second judge’s role in deciding a matter before her—is
properly reviewed on an interlocutory basis because it is ““an important issue
completely separate from the merits of the action.” Will, 546 U.S. at 349.
II. Alternatively, this Court can exercise mandamus jurisdiction.
Assuming Ms. Maxwell cannot appeal Judge Nathan’s order under the
collateral order doctrine, this Court should exercise mandamus jurisdiction and
issue a writ of mandamus directing the district court to modify the protective order
as requested by Ms. Maxwell. E.g., Wilk v. Am. Med. Ass°n, 635 F.2d 1295, 1298
(7th Cir. 1980) (declining to decide whether the collateral order applied and instead
issuing a writ of mandamus to vacate a district court decision declining to modify
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Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00019603.jpg |
| File Size | 677.5 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 1,556 characters |
| Indexed | 2026-02-03 19:45:24.277011 |