Is an interlocutory order appointing a Monitor an order granting, modifying, or dissolving a consent decree?

We must next consider whether, under 28 U.S.C. Sec. 1292(a)(1), the interlocutory order appointing the Monitor is an order "granting, modifying, refusing, or dissolving" the consent decree. Carson v. American Brands, Inc., 450 U.S. 79, 84, 101 S.Ct. 993, 996-97, 67 L.Ed.2d 59 (1981), set out a three-part test to apply in determining whether an appeal falls under 28 U.S.C. Sec. 1292(a)(1): (1) does the order have the practical effect of the grant or denial of an injunction; (2) does the order have serious,

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