802 F2d 457

802 F.2d 457

In re: Grand Jury 86-1 (Subpoena to Joseph J. Jerkins, P.C.) (86-1382)
In re: Grand Jury 86-1 Matthew J. Meyers,
Intervenor-Appellant (86-1406)
In re: Grand Jury 86-1 Bruce E. Long, Intervenor-Appellant (86-1407)
In re: Grand Jury 86-1 Phillip Mcavoy, Intervenor-Appellant
(86-1447).

No. 86-1382.
No. 86-1406.
No. 86-1407.

No. 86-1447.

United States Court of Appeals, Sixth Circuit.

Aug. 1, 1986.

ORDER

1

This matter is before the Court upon the government's motion to consolidate and expedite case numbers 86-1406 and 86-1407 and to dismiss case number 86-1382. Appellant Joseph J. Jerkins, P.C., opposes the motion to dismiss.

2

In February, 1986 a grand jury subpoena was served on Joseph J. Jerkins, P.C. (Jerkins) requesting production of law firm records relating to funds disbursed and/or received for, from, to, or on behalf of eight individuals and nineteen businesses between 1977-84. Jerkins moved to quash the subpoena on grounds of the attorney-client and the work product privileges. Subsequently, several clients moved to intervene and/or quash the subpoena. At the completion of hearings, the district court granted the motions to intervene and denied all except one of the motions to quash. Jerkins and two of the intervenors appealed and moved the district court for a stay pending appeal. The district court granted the intervenors' motion for a stay, but denied Jerkins's motion. This Court also denied Jerkins's motion for a stay. On May 6 and 8 Jerkins complied with the portion of the district court's order that was not stayed.

3

Upon consideration, we conclude that all of the government's motions should be granted. First, it is noted that case numbers 86-1382, 86-1406, 86-1407 and 86-1447 were consolidated for briefing and oral argument on June 10, 1986. Second, the public interest would be served by prompt disposition of these cases so that the grand jury may complete its work. Therefore, the appeals should be expedited.

4

Third, the motion to dismiss should be granted because this Court lacks jurisdiction. Jerkins appeals from a trial court order denying its motion to quash the grand jury subpoena. Generally, an order denying a motion to quash a grand jury subpoena is nonappealable. United States v. Ryan, 402 U.S. 530 (1971); In re Grand Jury Proceedings--Gordon, 722 F.2d 303, 305-06 (6th Cir. 1983), cert. denied, --- U.S. ----, 104 S. Ct. 3524 (1984). A party wishing to contest the validity of the order must refuse to comply and be held in contempt before there is an appealable order. Gordon, supra. Here, Jerkins appeals not from a contempt citation, but from the non-appealable order denying its motion to quash.

5

Therefore, it is ORDERED that case number 86-1382 is dismissed and case numbers 86-1406, 86-1407 and 86-1447 are expedited.

Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.