In Re the Cooper Companies, Inc, 878 F.2d 1444 (Fed. Cir. 1989)

ORDER

The Cooper Companies (Cooper) petitions for writ of mandamus to direct the United States District Court for the Northern District of California to vacate its April 10, 1989 order that denies Cooper's motion for reconsideration and compels the disclosure of fifteen documents that Cooper asserts are protected by attorney-client privilege.

Interlocutory discovery orders compelling production of documents are not generally appealable. 9 Moores Federal Practice p 110.13. In Alexander v. United States, the Supreme Court stated: "Let the court go further and punish the witness for contempt of its order, then arrives a right of review, and this is adequate for his protection without unduly impeding the progress of the case." Alexander, 201 U.S. 117, 121 n. 1 (1966). Thus, the Supreme Court has affirmed the policy against piecemeal appeals in the context of discovery orders. Although interlocutory discovery orders have, in exceptional circumstances, been reviewed pursuant to a petition for mandamus, nonetheless, a party seeking issuance of a writ must have no other adequate means to attain the relief it desires and must show that its right to the writ is clear and indisputable. Allied Chemical Corp. v. Daiflon, Inc., 449 U.S. 33, 35 (1980). Cooper has not carried its burden of showing that either requirement is met here.

Accordingly,

IT IS ORDERED THAT:

Cooper's petition for writ of mandamus is denied.