Opinion
Civil Action No. 02-858.
October 12, 2004
ORDER
AND NOW, this day of October, 2004, upon consideration Petitioner McAllister Towing Transportation Company, Inc. and Claimant Charles Curtis Chamberlain's Motion for Amendment of Order and Stay Pending Appeal (docket nos. 158 and 159 respectively), it is ORDERED that both Motions are DENIED.
The Court's Order of September 9, 2004 granted third party defendant United States of America's (the "United States") Motion for Judgment on the Pleadings. Movants seek to appeal the legal conclusion on which that order was based: namely, that Movants are without an indemnity claim against the United States due to the United States' immunity in the underlying first-party claim. A district court may certify an order for interlocutory appeal only if "(1) the issue involved is a controlling question of law; (2) as to which there are substantial grounds for difference of opinion; and that (3) an immediate appeal of the order may materially advance the ultimate termination of the litigation." Simon v. United States, 341 F.3d 193, 199 (3d. Cir. 2003). For the reasons set forth in the Memorandum accompanying the Court's Order, the Court now finds that the issue in question is not one "as to which there are substantial grounds for difference of opinion."