Abbey v. United States

ORDER

EMILY C. HEWITT, Chief Judge.

Before the court is Defendant’s Motion to Certify Interlocutory Appeal (defendant’s Motion to Certify or Def.’s Mot. Certify). The United States (government or defendant) requests that the court amend its July 31, 2008 Opinion (Opinion) to include the express findings required by 28 U.S.C. § 1292(d)(2) to certify the Opinion for interlocutory appeal. Def.’s Mot. Certify 1. Plaintiffs oppose defendant’s Motion to Certify arguing that the motion is untimely and does not meet the requirements for certification. Pis.’ Opp’n to Def.’s Mot. Certify 1,2.

I. Background