Civil Procedure – appeal — subpoenas

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United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure – appeal — subpoenas

A state agency cannot appeal a denial of a motion to quash a subpoena.

“We find immaterial the fact that this case involves a discovery order directed at nonparties whereas Mohawk Industries involved parties to the case. Under the facts presented here, the state agencies’ interests in protecting their privileged materials are as strong as those of a party. Ott seeks documents created by the agencies and that are in their possession. There is no risk that the agencies lack the proper incentives to protect the subpoenaed materials. The Supreme Court’s concern that ‘piecemeal, prejudgment appeals . . . undermine[] “efficient judicial administration” and encroach[] upon the prerogatives of district court judges’ applies with equal force to the nonparties subject to the discovery orders in this case. Mohawk Industries, 130 S. Ct. at 605, quoting Firestone Tire & Rubber Co. v. Risjord, 449 U.S. 368, 374 (1981).”

Dismissed.

11-1541 & 11-1638 Ott v. City of Milwaukee

Appeals from the United States District Court for the Eastern District of Wisconsin, Randa, J., Wood, J.