Socialist Workers Party v. Joseph Grubisic, Appeal of Bernard Carey, Deponent

Plaintiffs-appellees, cross-appellants have filed a motion to dismiss the appeal taken by deponent Bernard Carey from an order refusing to quash a subpoena duces tecum and to dismiss the appeal which they have taken from the district court’s modification of that same order. Pursuant to the directives of Circuit Rule 35 we have concluded that our interpretation of established Supreme Court precedent on the appealability of orders compelling pretrial discovery warrants publication.

As a basis for our ruling it is necessary to present a synopsis of the facts which underlie this appeal. On April…