Opinion — No. 1:23-cv-01876 (Dkt. 32)

Summary

A memorandum opinion by Judge Richard A. Hertling of the United States Court of Federal Claims, filed October 24, 2024 as Document 32 in No. 23-1876C, a suit by 303 restaurant, bar and catering businesses seeking Restaurant Revitalization Fund grants from the United States. The government's motion, ECF 27, filed on October 7, 2024, asked to certify for interlocutory appeal the July 24, 2024 order denying its motion to dismiss and to stay proceedings. The court finds that whether 15 U.S.C. § 9009c is money-mandating and whether the plaintiffs stated a claim are controlling questions of law with substantial ground for difference of opinion, and that an immediate appeal may materially advance the litigation. It grants certification under 28 U.S.C. § 1292(d)(2) and stays further proceedings until briefing in the Court of Appeals is completed.

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