United States DC Circuit

In underlying litigation between shareholders and petitioner, a former executive who allegedly committed secruities fraud, direct appeal from respondent's refusal to produce its employees subpoenaed for testimony is transferred to the district court as the court of appeals lacks subject-matter jurisdiction, and respondent agency's refusal to comply with subpoenas in a civil suit is an ordinary litigation decision, not an "order" that may be reviewed on appeal.

Appellate Information

• Argued 12/07/2006
• Decided 03/30/2007
• Published 03/30/2007

Judges

• Before:  BROWN and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Andrew J. Morris argued the cause and filed the briefs for petitioner.


• For Appellees:
  
• Melinda Hardy, Assistant General Counsel, Securities & Exchange Commission, argued the cause for respondent.   With her on the briefs were Mark B. Stern and Tara Leigh Grove, Attorneys, U.S. Department of Justice, Brian G. Cartwright, General Counsel, and Kathleen Cody, Senior Counsel.