Sikorsky Aircraft Corporation v. United States

Case: 25-101 Document: 20 Page: 1 Filed: 01/17/2025

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

______________________

SIKORSKY AIRCRAFT CORPORATION,

Plaintiff-Respondent v. UNITED STATES, Defendant-Petitioner ______________________ 2025-101 ______________________

On Petition for Permission to Appeal pursuant to 28 U.S.C. Section 1292(d) from the United States Court of Federal Claims in No. 1:21-cv-02327-SSS, Stephen S. Schwartz.

______________________ ON PETITION ______________________

Before DYK, CUNNINGHAM, and STARK, Circuit Judges. CUNNINGHAM, Circuit Judge.

ORDER

The United States petitions for permission to appeal orders of the United States Court of Federal Claims deter- mining the scope of the claim covered by the contracting officer’s decision and limiting the scope of the United Case: 25-101 Document: 20 Page: 2 Filed: 01/17/2025 2 SIKORSKY AIRCRAFT CORPORATION v. US States’s discovery. The trial court certified the order for appeal pursuant to 28 U.S.C. § 1292(d)(2). Sikorsky Air- craft Corporation opposes the petition.

Under § 1292(d)(2), the Court of Federal Claims may certify that an order that is not otherwise appealable is one involving a controlling question of law as to which there is substantial ground for difference of opinion and for which an immediate appeal may materially advance the ultimate termination of the litigation. Ultimately, this court must exercise its own discretion in deciding whether to grant permission to appeal an interlocutory order. See In re Con- vertible Rowing Exerciser Pat. Litig., 903 F.2d 822, 822 (Fed. Cir. 1990) (applying § 1292(b)). In this case, we con- clude that an interlocutory appeal under § 1292(d)(2) is not appropriate.

Accordingly, IT IS ORDERED THAT:

The petition for permission to appeal is denied.

FOR THE COURT January 17, 2025

Date