21- civ-10146

The district court, treating Boeing’s notice of appeal as a motion for leave to appeal, denied the motion, and dismissed the appeal finding that Boeing failed to show an immediate appeal was warranted of the bankruptcy court’s order granting the foreign representative of Comair Limited’s, motion to conduct discovery pursuant to section 1521(a)(4).  The court analyzed SDNY’s In re Barnet, 737 F.3d 238, 244 (2d Cir. 2013) and Ritzen Grp., Inc. v. Jackson Masonry, LLC, 140 S. Ct. 582, 587 (2020) to hold the appeal was interlocutory and, therefore, it lacked jurisdiction to hear, where the order did not rule on the scope of discovery and directed the parties to meet and confer, therefore rendering the matter not final.