Eaton v. Montana Silversmiths

Filing 131

ORDER DENYING 120 Motion to Certify Signed by Judge Susan P. Watters on 2/1/2022. (copy mailed to Eaton) (AMC)

Case 1:18-cv-00065-SPW Document 131 Filed 02/01/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

ROBERT A. EATON,
CV 18-65-BLG-SPW

Plaintiff,
ORDER

vs.

MONTANA SILVERSMITHS,
Defendant.

Before the Court is Plaintiffs Motion to Certify an Interlocutory Appeal of
this Court's order on Defendant's Motion for Summary Judgment. (Doc. 120).
Defendant opposes the motion. (Doc. 124).
Parties typically can only appeal final orders that end litigation. Couch v.
Telescope Inc., 611 F.3d 629,632(9th Cir. 2010). However, a narrow exception is

found in 28 U.S.C. § 1292(b), which provides:
When a district judge, in making in a civil action an order not
otherwise appealable under this section, shall be 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, he shall so state in writing in such order.
The Court of Appeals which would have jurisdiction of an appeal of
such action may thereupon, in its discretion, permit an appeal to be
taken from such order, if application is made to it within ten days after
the entry ofthe order: Provided, however, that application for an
appeal hereunder shall not stay proceedings in the district court unless
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Case 1:18-cv-00065-SPW Document 131 Filed 02/01/22 Page 2 of 2