Lite Machines Corp., Paul E. Arlton, David J. Arlton v. United States

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
LITE MACHINES CORP., PAUL E. ARLTON, DAVID
J. ARLTON,
Plaintiffs-Petitioners
v.
UNITED STATES,
Defendant-Respondent
______________________
2025-128
______________________
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. 1:18-cv-01411-MBH, Senior Judge
Marian Blank Horn.
______________________
ON PETITION
______________________
Before REYNA, MAYER, and CHEN, Circuit Judges.
PER CURIAM.
O R D E R
Pursuant to 28 U.S.C. § 1292(d)(2), petitioners seek
permission to appeal an order of the United States Court
of Federal Claims granting in part the United States’s
Case: 25-128 Document: 25 Page: 1 Filed: 07/09/2025

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LITE MACHINES CORP. v. US 2
motion to dismiss for failure to state a claim. The United
States opposes. Petitioners respond.
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 such an in-
terlocutory order. See In re Convertible Rowing Exerciser
Pat. Litig., 903 F.2d 822, 822 (Fed. Cir. 1990). In this case,
we decline to grant permission to appeal under
§ 1292(d)(2).
Accordingly,
IT IS ORDERED THAT:
(1) The petition for permission to appeal is denied.
(2) ECF No. 3-1, ECF No. 11 and ECF No. 15 are un-
sealed.
July 9, 2025
Date
FOR THE COURT
Case: 25-128 Document: 25 Page: 2 Filed: 07/09/2025

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