SEALED APPELLEES v. STEEG (1997)

United States Court of Appeals,Fifth Circuit.

SEALED APPELLEES, Third Party Plaintiffs-Appellees, v. SEALED APPELLANTS, Third Party Defendants-Appellants. IN RE: Moise S. STEEG, Jr. and Steeg & O'Connor, Petitioners.

Nos. 97-30214, 97-30244.

Decided: April 18, 1997

Before HIGGINBOTHAM, DAVIS and BENAVIDES, Circuit Judges.

Daniel J. Lund, Stephen P. Schott, New Orleans, LA, for Third Party Plaintiffs-Appellees and Respondent Jones, Walker, Waechter, Pointevent, Carrere & Denegre. Frederick R. Bott, Joseph Lee McReynolds, Deutsch, Kerrigan & Stiles, New Orleans, LA, for Third Party Defendants-Appellants and Petitioners. John R. Martzell, New Orleans, LA, for Lifemark Hospitals of Louisiana Inc., Respondent. Phillip A. Wittman, Robert Evans Harrington, Stone, Pigman, Walther, Wittmann & Hutchinson, New Orleans, LA, for Liskow and Lewis, Respondent. Eldon E. Fallon, U.S. District Judge, New Orleans, LA, pro se.

We are not persuaded that the discovery order entered by the district court and contested here is an appealable order. Nor can we conclude that this order compelling production of the documents meets the demanding standard for issuing a writ of mandamus. The preferable practice in factual patterns, such as here, is for the court to examine a sufficient number of the contested documents to insure the informed protection of the privilege protecting the thought processes of an attorney. That examination can be conducted by the court or a special master or magistrate judge as the district court may choose.

We dismiss the appeal and deny the petition for writ of mandamus. We also stay the order of production pending further order of the district court. Our stay left, as it is, in the control of the district court is to allow the in camera examination of documents the district court may order.

The appeal is dismissed for want of jurisdiction, and the petition for writ of mandamus is denied. The production order at issue is stayed pending further order of the district court.

PER CURIAM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law