Public Warehousing Company, K.S.C.
ASBCA No. 59020
| A.S.B.C.A. | May 2, 2017Background
- Appellant: Public Warehousing Company, K.S.C. (PWC); Appeals from ASBCA No. 59020 under several DLA contract vehicles.
- PWC requested the Board to lift a stay as to its affirmative claims while keeping the stay for the government’s affirmative defenses, and to certify the Board’s 12 January 2017 order for interlocutory appeal to the Federal Circuit.
- The Board previously addressed PWC’s contentions in two related opinions (ASBCA Nos. 57510 and 58088) and relied on those analyses here.
- The Board declined to allow PWC’s affirmative claims to proceed separately because lifting the stay for PWC alone would risk discovery intruding on matters in a pending criminal case and would be inefficient if the government’s defenses remained stayed.
- The Board rejected certification for interlocutory appeal, concluding it lacks authority to certify interlocutory orders and that the January 12, 2017 stay order is far from a final appealable decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board should lift the stay for PWC’s affirmative claims but keep the stay for government defenses | Allow PWC’s claims to proceed to avoid further delay | Maintaining the full stay protects criminal discovery and judicial efficiency | Denied — partial lift would risk improper discovery and be inefficient |
| Whether the Board can certify its January 12, 2017 order for interlocutory appeal to the Federal Circuit | The Board should certify the order (PWC relies on AAA Eng. footnote) | The Board lacks authority to certify interlocutory orders and the stay is not final | Denied — Board has no certification power and the order is not appealable |
Key Cases Cited
- AAA Engineering & Drafting, Inc. v. Widnall, 129 F.3d 602 (Fed. Cir. 1997) (refused interlocutory appeal where Board decision was not final; discussed limited statutory exceptions to finality)
- Orlando Helicopter Airways, Inc. v. Widnall, 51 F.3d 258 (Fed. Cir. 1995) (contrasted circumstances where Board decision on a separable defense was sufficiently final for appeal)