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Opposition at 2-3. Intervenors did not, however, ignore controlling Supreme Court precedent, for the simple reason that Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009), does not affect the intervenors' ability to take an appeal from this Court's disclosure order. There are two EFTA00583454 i
In cases such as this one, contrary to plaintiffs' argument, Perlman does not directly conflict with Mohawk See Opposition at 3.In United States v. Krane, 625 F.3d 568 (9th Cir. 2010), a case not cited by the plaintiffs, the Ninth Circuit permitted an interlocutory appeal by intervenors under Perlman
poenas. Perlman' United States, 247 U.S. 7, 38 S. Ct. 417 (1918). Second, they argue that a decision of the Supreme Court, Mohawk Industries, Inc.. Carpenter, 558 U .S . 100, 130 S. Ct. 599 (2009), forecloses an interlocutory appeal of a denial of a claim of privilege. 8 EFTA00209392 Case: 13-12923 D
tion are held by a disinterested party who is likely "to forgo suffering a contempt citation and appealing in favor of disclosure," United States I Krane, 625 F.3d 568, 573 (9th Cir. 2010). As the Seventh Circuit explained about the scope of the Perlman doctrine after Mohawk, "[o]nly when the person
poenas. Perlman' United States, 247 U.S. 7, 38 S. Ct. 417 (1918). Second, they argue that a decision of the Supreme Court, Mohawk Industries, Inc.. Carpenter, 558 U .S . 100, 130 S. Ct. 599 (2009), forecloses an interlocutory appeal of a denial of a claim of privilege. 8 EFTA00209433 Case: 13-12923 D
tion are held by a disinterested party who is likely "to forgo suffering a contempt citation and appealing in favor of disclosure," United States I Krane, 625 F.3d 568, 573 (9th Cir. 2010). As the Seventh Circuit explained about the scope of the Perlman doctrine after Mohawk, "[o]nly when the person
as. Perlman v. United States, 247 U.S. 7, 38 S. Ct. 417 (1918). Second, they argue that a decision of the Supreme Court, Mohawk Industries, Inc. v. Carpenter, 558 U .S . 100, 130 S. Ct. 599 (2009), forecloses an interlocutory appeal of a denial of a claim of privilege. 8 EFTA00209639 Case: 13-12923 D
ion are held by a disinterested party who is likely "to forgo suffering a contempt citation and appealing in favor of disclosure," United States v. Krane, 625 F.3d 568, 573 (9th Cir. 2010). As the Seventh Circuit explained about the scope of the Perlman doctrine after Mohawk, "[o]nly when the person
Appx. 286 (4th Cir. 2012), cert. denied, 133 S.Ct. 991 (2013) 55 *Missouri v. Frye, 132 S. Ct. 1399 (2012) 12, 35,36 Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009) 46, 47, 48, 49, 51 EFTA00209664 Case: 13-12923 Date Filed: 08/05/2013 Page: 9 of 75 Moulder v. State, 154 Ind. App. 248,
n, 544 F.2d 791 (5th Cir. 1977) 15, 31 United States v. Knight, 867 F.2d 1285 (11th Cir.), cert. denied, 493 U.S. 846 (1989) 24 United States v. Krane, 625 F.3d 568 (9th Cir. 2010) 50 United States v. Merrill, 685 F.3d 1002 (11th Cir. 2012) 24, 25 *United States v. Mezzanatto, 513 U.S. 196 (1995
poenas. Perlman' United States, 247 U.S. 7, 38 S. Ct. 417 (1918). Second, they argue that a decision of the Supreme Court, Mohawk Industries, Inc.I Carpenter, 558 U .S . 100, 130 S. Ct. 599 (2009), forecloses an interlocutory appeal of a denial of a claim of privilege. 8 EFTA00209748 Case: 13-12923 D
tion are held by a disinterested party who is likely "to forgo suffering a contempt citation and appealing in favor of disclosure," United States I Krane, 625 F.3d 568, 573 (9th Cir. 2010). As the Seventh Circuit explained about the scope of the Perlman doctrine after Mohawk, "[o]nly when the person
on to hear their appeal under Perlman v. United States, 247 U.S. 7 (1918); contrary to plaintiffs' arguments, nothing in Mohawk Industries, Inc. v. Carpenter, 558 U .S. 100 (2009), undercuts the Court's exercise of Perhnan jurisdiction in this case. While the underlying CVRA action was commenced as an "e
stimony of their former attorney over a claim of attorney-client privilege. The 10 EFTA00583769 Court agreed with the Ninth Circuit's decision in Krane, concluding that the circumstances in Krane "support application of the Perlman doctrine because, without the ability to raise the issue in an inte
Opposition at 2-3. Intervenors did not, however, ignore controlling Supreme Court precedent, for the simple reason that Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009), does not affect the intervenors' ability to take an appeal from this Court's disclosure order. There are two EFTA00583780 i
In cases such as this one, contrary to plaintiffs' argument, Perlman does not directly conflict with Mohawk See Opposition at 3.In United States v. Krane, 625 F.3d 568 (9th Cir. 2010), a case not cited by the plaintiffs, the Ninth Circuit permitted an interlocutory appeal by intervenors under Perlman
hear their appeal under Perlman v. United States, 247 U.S. 7 (1918), and, contrary to plaintiffs' arguments, nothing in Mohawk Industries, Inc. v. Carpenter, 558 U.S. 100 (2009), undercuts the Court's exercise of Perlman jurisdiction in this case. While the underlying CVRA action was commenced as an "e
In cases such as this one, contrary to plaintiffs' argument, Perlman does not directly conflict with Mohawk. See Motion at 13. In United States v. Krane, 625 F.3d 568 (9th Cir. 2010), a case not cited by the plaintiffs, the Ninth Circuit permitted an interlocutory appeal by intervenors under Perlman
Entities connected to both Carpenter and Krane

Jeffrey Epstein
PERSON
Julie K. Brown
PERSON
United States
LOCATIONLeon Black
PERSON
George W. Bush
PERSON
Michael Cohen
PERSONJane Doe
PERSONthe Southern District
LOCATION
Supreme Court
ORGANIZATIONMartin Weinberg
PERSON
Bradley Edwards
PERSONO'Brien
PERSON
Scarlett Johansson
PERSONRoy Black
PERSONColleen McMahon
PERSON
Joe Biden
PERSONPerlman
PERSONFBI
ORGANIZATION
Wilbur Ross
PERSONDickson
PERSON