10-2417 Wilson v. O’Brien

By: dmc-admin//September 3, 2010//

By: dmc-admin//September 3, 2010//

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Civil Procedure
Interlocutory appeals; privilege

Where a non-party complies with an order to disclose, despite his claim of privilege, an interlocutory appeal from the order is moot.

“From Nims’s perspective, this matter is moot. He complied with the district judge’s order. The privilege (if there is one) belongs to Wilson, not to Nims, who interviewed the mental patient as Wilson’s agent. There is no case or controversy between Nims and any of the litigants, and he has no continuing duties under the district court’s order, so his appeal must be dismissed.”

Dismissed.

10-2417 Wilson v. O’Brien

Appeal from the United States District Court for the Northern District of Illinois, Kocoras, J., Easterbrook, J.

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