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that "when the person who asserts a privilege is a non-litigant," "an appeal from a final judgment [will] be inadequate." In Holt-Ousted v. City of Dickson, 641 F.3d 230 (6th Cir. 2011), the plaintiffs sought to take an interlocutory appeal from an order compelling the testimony of their former attorney

s," Opposition at 6, are the plaintiffs able to ignore the fact that the Eleventh Circuit cited Perlman n support of its finding of jurisdiction in Overby v. U.S. Fidelity & Guar. Co., 244 F.2d 158, 162 & n.5 (11th Cir. 1955), a civil case. In just the few years since Mohawk, the Fourth Circuit found j

so In re Grand Jury, 705 F.3d at 145-46 & n.11 (rejecting that Mohawk narrowed Perlman "at least in the grand jury context"); Holt-Orstedl. City of Dickson, 641 F.3d 230, 239 (6th Cir. 2011) (recognizing that Perlman jurisdiction remains when a nonparty asserts a privilege); Krane, 625 F.3d at 572 (rul

er has no power to compel the custodian of the material to risk a contempt citation for his refusal to comply" (internal quotation marks omitted)); Overby. United States Ficl. & Guar. Co., 224 F.2d 158, 162 & n.5 (5th Cir. 1955) (exercising interlocutory jurisdiction and citing Perlman in a civil acti

so In re Grand Jury, 705 F.3d at 145-46 & n.11 (rejecting that Mohawk narrowed Perlman "at least in the grand jury context"); Holt-Orstedl. City of Dickson, 641 F.3d 230, 239 (6th Cir. 2011) (recognizing that Perlman jurisdiction remains when a nonparty asserts a privilege); Krane, 625 F.3d at 572 (rul

er has no power to compel the custodian of the material to risk a contempt citation for his refusal to comply" (internal quotation marks omitted)); Overby. United States Ficl. & Guar. Co., 224 F.2d 158, 162 & n.5 (5th Cir. 1955) (exercising interlocutory jurisdiction and citing Perlman in a civil acti

., 399 F.3d 391, 398 (1st Cir. 2005) 13, 15, 19 Gotham Holdings, LPG. Health Grades, Inc., 580 F.3d 664 (7th Cir. 2009) 15 Holt-Orsted. City of Dickson, 641 F.3d 230 (6th Cir. 2011) 10, 11, 15 In re Grand Jury, 705 F.3d 133 (3d Cir. 2012) 9 In re Grand Jury Proceedings, 43 F.3d 966 (5th Cir. 199

013 Page: 4 of 25 Miccosukee Tribe of Indians of Florida, 516 F.3d 1235 (11th Cir. 2008) Mohawk Industries, Inc.. Carpenter, 558 U.S. 100 (2009) Overby,. U.S. Fidelity & Guar. Co., 224 F.2d 158 (11th Cir. 1955) Perlman' United States, 247 U.S. 7 (1918) Rossi City of Memphis, 423 F.3d 596 (6th Cir.

., 399 F.3d 391, 398 (1st Cir. 2005) 13, 15, 19 Gotham Holdings, LPG. Health Grades, Inc., 580 F.3d 664 (7th Cir. 2009) 15 Holt-Orsted. City of Dickson, 641 F.3d 230 (6th Cir. 2011) 10, 11, 15 In re Grand Jury, 705 F.3d 133 (3d Cir. 2012) 9 In re Grand Jury Proceedings, 43 F.3d 966 (5th Cir. 199

013 Page: 4 of 25 Miccosukee Tribe of Indians of Florida, 516 F.3d 1235 (11th Cir. 2008) Mohawk Industries, Inc.. Carpenter, 558 U.S. 100 (2009) Overby,. U.S. Fidelity & Guar. Co., 224 F.2d 158 (11th Cir. 1955) Perlman' United States, 247 U.S. 7 (1918) Rossi City of Memphis, 423 F.3d 596 (6th Cir.

es Power Supply, Inc., 332 F.3d 976, 980 (6th Cir. 2003) 32,33, 38,40 Hickman v. Taylor, 329 U.S. 495 (1947) 14, 20, 21 Holt-Orsted v. City of Dickson, 641 F.3d 230 (6th Cir. 2011) 51, 52, 55 In re Air Crash Near Cali, Colombia, 959 F.Supp. 1529 (S.D.F1a. 1997) 38, 40 In re Grand Jury, 705

51 EFTA00209664 Case: 13-12923 Date Filed: 08/05/2013 Page: 9 of 75 Moulder v. State, 154 Ind. App. 248, 289 N.E.2d 522 (Ind. App. 1972) 43 Overby v. U.S. Fidelity & Guar. Co., 224 F.2d 158 (11th Cir. 1955) 55 *Perlman v. United States, 247 U.S. 7 (1918) passim Reichenbach v. Smith, 528 F.

so In re Grand Jury, 705 F.3d at 145-46 & n.11 (rejecting that Mohawk narrowed Perlman "at least in the grand jury context"); Holt-Orstedl. City of Dickson, 641 F.3d 230, 239 (6th Cir. 2011) (recognizing that Perlman jurisdiction remains when a nonparty asserts a privilege); Krane, 625 F.3d at 572 (rul

er has no power to compel the custodian of the material to risk a contempt citation for his refusal to comply" (internal quotation marks omitted)); Overby. United States Fid. & Guar. Co., 224 F.2d 158, 162 & n.5 (5th Cir. 1955) (exercising interlocutory jurisdiction and citing Perlman in a civil actio

hat "when the person who asserts a privilege is a non-litigant," "an appeal from a final judgment [will] be inadequate." In Holt-Orsted v. City of Dickson, 641 F.3d 230 (6th Cir. 2011), the plaintiffs sought to take an interlocutory appeal from an order compelling the testimony of their former attorne

t fifty years," Motion at 16, are the plaintiffs able to ignore the fact that this Court cited Perlman in support of its finding of jurisdiction in Overby v. U.S. Fidelity & Guar. Co., 224 F.2d 158, 162 & n.5 (11th Cir. 1955), a civil case. In just the few years since Mohawk, the Fourth Circuit found

son who asserts a privilege is a non-litigant," "an appeal from a final judgment [will] be inadequate." 4 EFTA00583783 In Holt-Ousted v. City of Dickson, 641 F.3d 230 (6th Cir. 2011), the plaintiffs sought to take an interlocutory appeal from an order compelling the testimony of their former attorney

," Opposition at 6, are the plaintiffs able to ignore the fact that the Eleventh Circuit cited Perlman in support of its finding of jurisdiction in Overby v. U.S. Fidelity & Guar. Co., 224 F.2d 158, 162 & n.5 (11th Cir. 1955), a civil case. In just the few years since Mohawk, the Fourth Circuit found j

hat "when the person who asserts a privilege is a non-litigant," "an appeal from a final judgment [will] be inadequate." In Holt-Orsted v. City of Dickson, 641 F.3d 230 (6th Cir. 2011), the plaintiffs sought to take an interlocutory appeal from an order compelling the testimony of their former attorne

t fifty years," Motion at 16, are the plaintiffs able to ignore the fact that this Court cited Perlman in support of its finding of jurisdiction in Overby v. U.S. Fidelity & Guar. Co., 224 F.2d 158, 162 & n.5 (11th Cir. 1955), a civil case. In just the few years since Mohawk, the Fourth Circuit found