112 Genesee Street, LLC v. United States

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
112 GENESEE STREET, LLC, et al.,
Plaintiffs-Respondents
v.
UNITED STATES,
Defendant-Petitioner
______________________
2025-108
______________________
On Petition for Permission to Appeal pursuant to 28
U.S.C. Section 1292(d)(2) from the United States Court of
Federal Claims in No. 1:23-cv-01876-RAH, Judge Richard
A. Hertling.
______________________
ON PETITION
______________________
Before D YK , CUNNINGHAM, and STARK , Circuit Judges.
CUNNINGHAM, Circuit Judge.
O R D E R
Pursuant to 28 U.S.C. § 1292(d)(2), the United States
petitions for permission to appeal an order of the United
States Court of Federal Claims denying its motion to dis-
miss Respondents’ complaint. Respondents oppose.
Case: 25-108 Document: 14 Page: 1 Filed: 01/17/2025

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112 GENESEE STREET , LLC v. US 2
Under § 1292(d)(2), the Court of Federal Claims may
certify that an order that is not otherwise immediately ap-
pealable 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 ad-
vance the ultimate termination of the litigation. Ulti-
mately, this court must exercise its own discretion in
deciding whether to grant permission to appeal an interloc-
utory order. See In re Convertible Rowing Exerciser Pat.
Litig., 903 F.2d 822, 822 (Fed. Cir. 1990). In this case, we
exercise our discretion to permit the interlocutory appeal.
Accordingly,
IT IS O RDERED THAT:
The petition for permission to appeal is granted. This
case is transferred to the regular docket. The United
States’s opening brief is due within 60 days of the date of
entry of this order.
January 17, 2025
Date
FOR THE C OURT
Case: 25-108 Document: 14 Page: 2 Filed: 01/17/2025

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