United States District Court for the District of Oregon

“ When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question [*3] of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. ”

“ However, the court believes that the first issue decided by the prior orders -- that the complaint "arises under" federal law -- is strictly a question of law. As to the second issue, while the court's ruling turned on an ultimate factual finding that Wasco County and the State of Oregon share the same interest with respect to the central issue in the case, the facts upon which the ultimate finding was based were not in dispute. ”

“ A party may be realigned for jurisdictional purposes without effecting a realignment for other purposes. See, e.g., Eikel v. States Marine Lines, Inc., 473 F.2d 959 (9th Cir. 1973) . Wasco County's concern that it might be subject to counterclaims or the payment of attorneys' fees merely because the court realigned it for jurisdictional purposes is unfounded.
The court will grant the request to amend the prior order to allow an immediate appeal. ”