Rotair Aerospace Corp. v. United States
Rotair Aerospace Corp. v. United States
Opinion
Case: 23-2247 Document: 6 Page: 1 Filed: 11/07/2023
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________
ROTAIR AEROSPACE CORP., Plaintiff-Appellant
v.
UNITED STATES, THE BOEING COMPANY, Defendants-Appellees ______________________
2023-2247 ______________________
Appeal from the United States Court of Federal Claims in No. 1:23-cv-00688-TMD, Judge Thompson M. Dietz. ______________________
ON MOTION ______________________
Before LOURIE, MAYER, and STARK, Circuit Judges. STARK, Circuit Judge. ORDER The United States moves to dismiss this appeal. Rotair Aerospace Corp. has not filed a response. Rotair appeals from the July 12, 2023, order of the United States Court of Federal Claims denying its motion to supplement the administrative record. In general, this court only has jurisdiction over “a final decision” by the Case: 23-2247 Document: 6 Page: 2 Filed: 11/07/2023
2 ROTAIR AEROSPACE CORP. v. US
Court of Federal Claims. 28 U.S.C. § 1295(a)(3). A decision is “final” where it “end[s] the litigation on the merits and leave[s] nothing for the court to do but execute the judg- ment.” Haggart v. United States, 943 F.3d 943, 951 (Fed. Cir. 2019) (citation omitted). The Court of Federal Claims’ July 12, 2023, order does not meet these criteria, and Ro- tair has not identified any other basis for our jurisdiction over this appeal. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) Each party shall bear its own costs. FOR THE COURT
November 7, 2023 Date
Reference
- Status
- Unpublished