NATIONAL VETERANS LEGAL SERVICES PROGRAM et al v. UNITED STATES OF AMERICA

Filing 104

ORDER granting in part and denying in part #99 defendant's Motion for to Certify Orders for Interlocutory Appeal; amending Order filed on March 31, 2018, ECF No. #88 , to certify for interlocutory appeal for the reasons stated in an accompanying Memorandum Opinion, ECF No. #105 ; and granting #99 unopposed Motion to Stay. See order for details. Signed by Judge Ellen S. Huvelle on August 13, 2018. (AG)

Case 1:16-cv-00745-ESH Document 104 Filed 08/13/18 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

NATIONAL VETERANS LEGAL
SERVICES PROGRAM, et al.,
Plaintiffs,
Civil Action No. 16-745 (ESH)
v.
UNITED STATES OF AMERICA,
Defendant.

ORDER
Before the Court is defendant’s Motion to Certify the Court’s Orders of December 5,
2016, and March 31, 2018 for Interlocutory Appeal and to Stay Proceedings Pending Appeal
(ECF No. 99). Plaintiffs advised the Court during a status conference on July 18, 2018, that they
opposed certification of the December 5, 2016 Order, but otherwise consented to defendant’s
motion. Upon consideration of the motion, plaintiffs’ partial consent thereto, and the entire
record herein, and for the reasons stated in open court on July 18, 2018, and in the accompanying
Memorandum Opinion, it is hereby
ORDERED that the defendant’s motion is GRANTED IN PART AND DENIED IN
PART as follows:
(1) For the reasons stated in open court on July 18, 2018, the motion is DENIED as to the
December 5, 2016 Order (ECF No. 24).
(2) For the reasons stated in an accompanying Memorandum Opinion, ECF No. 105, the
motion is GRANTED as to the Court’s Order of March 31, 2018 (ECF No. 88).

Case 1:16-cv-00745-ESH Document 104 Filed 08/13/18 Page 2 of 2

(3) The motion to stay further proceedings pending appeal is GRANTED and all
proceedings in this matter are hereby STAYED pending further order from this Court.
It is further ORDERED that the Court’s Order of March 31, 2018 (ECF No. 88) is
AMENDED to add the following statement:
It is further ORDERED that this Order is certified for interlocutory appeal
pursuant to 28 U.S.C. § 1292(b) because it involves “a controlling question of law
as to which there is substantial ground for difference of opinion” and because “an
immediate appeal from the order may materially advance the ultimate termination
of the litigation.” 28 U.S.C. § 1292(b). A separate Memorandum Opinion issued
today sets out in greater detail the basis for the Court’s decision to certify this
Order.
SO ORDERED.

_______________________
ELLEN S. HUVELLE
United States District Judge
DATE: August 13, 2018

2