Rotair Aerospace Corp. v. United States

• Court: Court of Appeals for the Federal Circuit
• Decided: November 7, 2023
• Docket: 23-2247
• Status: Unpublished

Opinion

Case: 23-2247 Document: 6 Page: 1 Filed: 11/07/2023

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

ROTAIR AEROSPACE CORP., Plaintiff-Appellant

v.

UNITED STATES, THE BOEING COMPANY, Defendants-Appellees ______________________

2023-2247 ______________________

Appeal from the United States Court of Federal Claims in No. 1:23-cv-00688-TMD, Judge Thompson M. Dietz. ______________________

ON MOTION ______________________

Before LOURIE, MAYER, and STARK, Circuit Judges. STARK, Circuit Judge. ORDER The United States moves to dismiss this appeal. Rotair Aerospace Corp. has not filed a response. Rotair appeals from the July 12, 2023, order of the United States Court of Federal Claims denying its motion to supplement the administrative record. In general, this court only has jurisdiction over “a final decision” by the Case: 23-2247 Document: 6 Page: 2 Filed: 11/07/2023

Court of Federal Claims. 28 U.S.C. § 1295(a)(3). A decision is “final” where it “end[s] the litigation on the merits and leave[s] nothing for the court to do but execute the judg- ment.” Haggart v. United States, 943 F.3d 943, 951 (Fed. Cir. 2019) (citation omitted). The Court of Federal Claims’ July 12, 2023, order does not meet these criteria, and Ro- tair has not identified any other basis for our jurisdiction over this appeal. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) Each party shall bear its own costs. FOR THE COURT

November 7, 2023 Date