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Click here for the full text of this decision FACTS: Philips Electronics fired Mario Piratello in 1999 based on evidence of fraud. Piratello sued Philips, and Philips countersued. A district court entered a judgment against Piratello for $1 million, plus costs. Piratello initiated an appeal, but it was eventually dismissed. While the appeal was pending, Philips sought to take Piratello’s deposition to determine the identity, amount and location of his assets to collect its judgment. Piratello appeared, but refused to answer any questions, invoking his Fifth Amendment rights; nor did he produce any documents requested of him. A district court granted Philips’ motion to compel Piratello to answer and ordered him to appear in Washington, D.C., on July 7, 2003. Thought the district court denied Philips’ request for an injunction against Piratello, it noted that it might reconsider at a later date. Piratello did not appear. Instead, he appealed the order to this court. Philips moved to dismiss. HOLDING: Dismissed for lack of jurisdiction. “While this court has not previously held that the requirement of a sanction prior to an appeal specifically applies to post-judgment discovery orders to judgment debtors, we see no reason to treat such orders differently.” The court rejects Piratello’s argument that the collateral order doctrine provides an exception to the finality doctrine that allows his appeal to proceed. The availability of an appeal through a contempt order renders the collateral order doctrine inapplicable to discovery orders, the court finds. OPINION: Per curiam; Jones, Benavides and Clement, JJ.

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