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Solazzi v. Premier Lab Supply, Inc.
Citation: 17 F. App'x 956Docket: No. 01-1278
Court: Court of Appeals for the Tenth Circuit; April 6, 2001; Federal Appellate Court
An interlocutory order from the United States District Court for the Southern District of Florida required Premier Lab Supply, Inc. to produce unredacted documents in response to discovery requests from Chemplex Industries, Inc. Premier appealed this order and sought a stay pending appeal. The Circuit Court evaluated whether the appeal was permissible, concluding that it was not, as the order was nonfinal and did not fall within the categories of interlocutory orders eligible for appeal under 28 U.S.C. § 1292. Furthermore, Premier's attempt to label its motion as a Rule 60(b) motion was rejected because there had been no final judgment in the case. The court also considered Premier's request for relief through a writ of mandamus, which is granted only in extraordinary situations. The burden was on Premier to demonstrate that there were no alternative means to obtain the desired relief and that its right to such relief was clear and indisputable. The court found that Premier failed to meet this burden, particularly since the district court had exercised its discretion in ruling on the discovery disputes over several months. Premier's concerns regarding the disclosure of business information to a competitor and its late request for a more restrictive protective order were also noted. Ultimately, the court dismissed Premier's appeal, deemed the motion for a stay moot, and denied the petition for a writ of mandamus. Each party was ordered to bear its own costs.