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WATTS v. S.E.C.

No. 06-1307.

482 F.3d 501 (2007)

Philip WATTS, Petitioner v. SECURITIES AND EXCHANGE COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 30, 2007.

Attorney(s) appearing for the Case

Andrew J. Morris argued the cause and filed the briefs for petitioner.

Melinda Hardy, Assistant General Counsel, Securities & Exchange Commission, argued the cause for respondent. With her on the briefs were Mark B. Stern and Tara Leigh Grove, Attorneys, U.S. Department of Justice, Brian G. Cartwright, General Counsel, and Kathleen Cody, Senior Counsel.

Before: BROWN and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge.

Several Shell shareholders sued Sir Philip Watts, a former Shell executive, and alleged that he committed securities fraud. During discovery, which is still ongoing, Watts served third-party testimonial subpoenas under Federal Rule of Civil Procedure 45 on three Securities and Exchange Commission employees. Watts thinks their testimony might help his defense. The SEC did not...

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