My guess is just slightly different. Instead of filing an appeal, my bet is that government will request a stay pending resolution of the Sammons appeal. When Sammons eventually gets resolved, if the game in Docugate is even still on in Sweeney's court, that is when they will file an appeal on the Motion to Compel order. Until that point, government has no further recourse within the Sweeney Court of Claims while Sammons gets heard. All I expect from them, this coming week, is a response on the show cause ruling regarding Fairholme attorney's expenses on the Motion to Compel which could be covered by a stay, as well. The stay would be similar to the previous stay imposed last Spring while the judicial panel met to decide on case consolidation request. Everything was put on hold.
Either way, the case is likely to stall while Sammons churns through the now docketed legal appeals process. Even on the fast track, Sammons is likely to take at least two weeks for briefs, 4 weeks for orals and then time for a panel decision to be reached and written. Looks like 10 weeks at the earliest for any decision. That COULD lead to an additional 10 weeks before any ruling from Sweeney would be appropriate on attorney fees or before any documents get released based on a court order that potentially (unlikely, but possible) could be ruled as being ruled on in an improper jurisdiction, making any such ruling unenforceable.
At that time, assuming the case remains under Sweeney's court, that is when I would expect the government to file any Motion to Compel appeal... or... simply deliver the documents with the election over and let the chips fall where they may. All along I have been of the opinion that dragging Docugate out beyond November 8th was far more important to government than to any court concerns for affecting the contest at the polls. Even appointed judges tend to be reasonably apolitical while sitting on the bench.
JMHO.
