Sikorsky Aircraft Corporation v. United States

N OTE: This order is nonprecedential.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 D YK, CUNNINGHAM , and STARK, Circuit Judges.
CUNNINGHAM , Circuit Judge.
O R D E R
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: 1 Filed: 01/17/2025

-- 1 of 2 --

SIKORSKY AIRCRAFT CORPORATION v. US 2
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,
I T I S O RDERED T HAT :
The petition for permission to appeal is denied.
January 17, 2025
Date
F OR THE COURT
Case: 25-101 Document: 20 Page: 2 Filed: 01/17/2025

-- 2 of 2 --