IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
April 23, 2007
UNITED STATES OF AMERICA, PLAINTIFF,
SHANRIE COMPANY, DAN SHEILS, NETEMEYER ENGINEERING ASSOCIATES, INC., AND THOUVENOT, WADE & MOERCHEN, INC., DEFENDANTS.
The opinion of the court was delivered by: Herndon, District Judge
This matter comes before the Court on Defendants Shanrie Co., Inc., Dan Sheils, and Netemeyer Engineering Associates, Inc.'s motion to amend order on summary judgment to include certification for immediate appeal. (Doc. 113.) This motion was filed on April 19, 2007. As of this date, Plaintiff has not responded to the motion. Pursuant to LOCAL RULE 7.1(g), the Court considers this failure an admission of the merits of the motion.*fn1
28 U.S.C. § 1292(b) provides for interlocutory appeals of certain otherwise non-appealable orders. The Seventh Circuit has noted that there are four criteria that must be satisfied before an interlocutory appeal is allowed to proceed under 28 U.S.C. § 1292(b): (1) there must be a question of law; (2) it must be controlling; (3) it must be contestable; and (4) its resolution must promise to speed up the litigation. Ahrenholz v. Board of Trustees of the Univ. of Ill., 219 F.3d 674, 675 (7th Cir. 2000). The Court finds that all four criteria are met. There are controlling legal questions with substantial grounds for a difference of opinion and because interlocutory review may materially advance the ultimate termination of this litigation, the Court finds that certification of the March 30, 2007 Order (Doc. 112) is appropriate under 28 U.S.C. § 1292(b). Therefore, Defendants' motion to amend order (Doc. 113) is GRANTED. The Court amends its March 30, 2007 Order (Doc. 112) to provide for interlocutory appeal of said Order.
IT IS SO ORDERED.
Signed this 23rd day of April, 2007.
David RHerndon United States District Judge