First Hartford Realty Corporation v. Omega Contractors Inc. et al
Filing
243
ORDER denying 241 Motion for Certificate of Appealability and Stay Pending Appeal for reasons set forth in document. Signed by Judge Jane Triche Milazzo. (ecm, ) Modified document type on 10/9/2013 (ecm, ).
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
FIRST HARTFORD REALTY CORP.
CIVIL ACTION
VERSUS
NO. 11‐2294
OMEGA CONTRACTORS INC. ET AL
SECTION "H"(1)
ORDER
Before the Court is Defendant, Heath Polasek's, Motion for Certificate of Appealability and
Stay Pending Appeal (Doc. 241). 28 U.S.C. § 1292(b) permits a District Court judge to certify an
interlocutory order as appealable when she is "of the opinion that such order involves a controlling
question of law as to which there is substantial ground for difference of opinion and that an
immediate appeal from the order may materially advance the ultimate termination of the
litigation." Defendant requests that this Court certify the denial of his Motion to Dismiss (Doc.
210) as an interlocutory order.
Defendant argues that there is a "substantial ground for difference of opinion" as to
whether this Court has jurisdiction over this case because Defendant disagrees with the Court's
order. Defendant is incorrect. Defendant's Motion to Dismiss conflated two distinct legal concepts
in an effort to convince this Court to accept an argument previously rejected. The Court's review
of the governing law reveals no "substantial ground for difference of opinion" regarding the
outcome of the motion. Additionally, the Court finds that an appeal at this time would only serve
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to delay a final disposition in this matter. Finally, the Court notes that Defendant's objection is
reviewable on appeal.
Accordingly, Defendant's Motion for Certificate of Appealability and Stay Pending Appeal
is DENIED.
New Orleans, Louisiana, on this 9th day of October, 2013.
____________________________
JANE TRICHE MILAZZO
UNITED STATES DISTRICT JUDGE
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