Wins

Valley Surgical Center, the plaintiff in an ongoing lawsuit, and Independent Medical Services, a non-party, appealed to the Ninth Circuit from a discovery order overruling their objections to a deposition.  GMSR, representing the defendant seeking to take the deposition, moved to dismiss the appeal.  The motion argued that Ninth Circuit case law precludes a party from appealing an interlocutory discovery ruling, and that the same rationale should apply to non-party IMS because its objections were identical to Valley’s.  The Ninth Circuit agreed, dismissing the appeal for lack of jurisdiction.

See the Court Order.