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Extracted Text (OCR)
Case 20-3061, Document 82, 10/02/2020, 2944267, Page19 of 37
13
opening brief, Maxwell concedes that her appeal of the
Order does not concern one of the four types of pretrial
orders that the Supreme Court has identified as satis-
fying the collateral order doctrine in criminal cases,
but she fails to offer a basis for expanding those cate-
gories to embrace her claim here. (Br. 12.) The rights
implicated by the Order—namely, the use of pretrial
discovery materials—do not justify expanding the lim-
ited collateral order exception, which is “interpreted
... with the utmost strictness.” Midland Asphalt, 489
U.S. at 799.
Maxwell relies principally on three cases in seeking
to overcome decades of Supreme Court precedent nar-
rowly construing the exception to the requirement that
appeals in criminal cases be from the final judgment
of conviction. As discussed in the Government’s Motion
to Dismiss, the cases Maxwell cites do not support the
existence of an exception here. All three cases involved
appeals by intervenors—not parties—seeking to mod-
ify protective orders in civil cases. Pichler v. UNITE,
585 F.3d 741, 745-746 (3d Cir. 2009) (third party inter-
venor 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 ex-
changed 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
DOJ-OGR-00019626
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00019626.jpg |
| File Size | 704.9 KB |
| OCR Confidence | 94.7% |
| Has Readable Text | Yes |
| Text Length | 1,828 characters |
| Indexed | 2026-02-03 19:45:38.858047 |