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Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision | Utah
Modification of Docket
Modification of Docket: re 38 MOTION: Error: the Filing suggests two motions. Correction: Additional event type added and text updated. Motion for Summary Judgment added. No further action is needed. (kpf)
Civil Rights: Jobs | Utah
Order on Motion to Amend/Correct
DOCKET TEXT ORDER. A district court may "mak[e]... appealable" orders in civil actions "not otherwise appealable under this section" if the court is "of the opinion that such order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation." 28 U.S.C. § 1292(b). Defendant TK Elevator Corporation seeks an interlocutory appeal of the courts ruling regarding an issue of Utah law. But the court agrees with others that interlocutory appeals are not well suited for resolving disputed issues of state lawafter all, such an appeal merely replaces one federal forum with another, neither of which can conclusively resolve such issues. See Kennett v. Bayada Home Health Care, Inc., 2016 WL 374231, at *4 (D. Colo. Feb. 1, 2016); D.R. Horton, Inc. v. Denver v. Mountain States Mut. Cas. Co., 2013 WL 6169120, at *4 (D. Colo. Nov. 25, 2013). For this reason, 18 Motion to Amend Order Denying Defendant's Motion to Dismiss to Certify the Order for Interlocutory Appeal is DENIED. SO ORDERED. Signed by Judge Howard C. Nielson, Jr. on 09/23/2026. No attached document. (dle)
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