ments for dismissal: first, that this Court lacks jurisdiction over such an interlocutory appeal in light of the Supreme Court's recent decision in Mohawk Industries, Inc.'. Carpenter, 130 S. Ct. 599 (2009) (attorney-client privilege ruling not immediately appealable; any injury can be addressed at conclusion of case)

sponsibility [to police prejudgment tactics of litigants] if the appellate courts do not repeatedly intervene to second-guess prejudgment rulings." Mohawk Industries, Inc.' Carpenter, 558 U.S. 100, 106 (2009) (internal citations omitted). This Court has repeatedly explained its reluctant to grant a stay pending appeal

pstein's claim below that a denial of an assertion of privilege can be immediately appealed, the Supreme Court has recently concluded otherwise. In Mohawk Industries, Inc.' Carpenter, 130 S. Ct. 599 (2009), the Supreme Court affirmed this Circuit and rejected an effort by a defendant to take an interlocutory appeal of