DECISION AND ORDER I. INTRODUCTION In this case, Plaintiff Fairbank Reconstruction Corp. (“Fairbank”) seeks to hold defendant Greater Omaha Packing Company, Inc. (“GOPAC”) liable for harms caused by the presence of E. coli in beef that GOPAC supplied to Fairbank in 2009. After Fairbank was sued by consumers sickened by the ground beef, it sought indemnification from its supplier, GOPAC. Following litigation in federal courts in Maine and New Hampshire and in New York state court, Fairbank commenced the present action before this Court seeking contractual indemnification and recovery for breach of contract and breach of warranties for losses it sustained as a result of the tainted meat GOPAC provided to it. Addressing an earlier motion for summary judgment by Fairbank, GOPAC conceded the preclusive effect of prior court holdings that a contract between the parties, the “Fairbank Guarantee,” governed the parties’ relationship and that Fairbank acted as a reasonable buyer in their transaction. (See GOPAC’s Memorandum in Opposition to Summary Judgment, May 15, 2015, Docket No. 78 at p. 10.) More than two-and-a-half years after that concession, after it discovered what it claims is new evidence that Fairbank was not in contractual privity with GOPAC, GOPAC moved to amend its answer and moved for reconsideration of the prior grant of summary judgment. (Docket No. 134, filed on February 25, 2019.) On February 10, 2020, this Court adopted the Report and Recommendation of Magistrate Judge McCarthy denying both motions, finding that GOPAC had failed to exercise the requisite reasonable diligence. (Order, Docket No. 169.) Presently before this Court is GOPAC’s motion seeking certification of this Court’s February 10, 2020, order for interlocutory appeal, and seeking a stay of proceedings pending appeal. (Docket No. 174.) GOPAC asserts that an interlocutory appeal is warranted because this Court used an erroneous “inquiry notice” in denying GOPAC’s motions. For the following reasons, GOPAC’s motion is denied. II. BACKGROUND a) The Fairbank Guarantee, the E. coli outbreak, and earlier litigation Fairbank is in the business of processing and selling ground beef. (Complaint, 11.) GOPAC supplies beef trim to processors such as Fairbank. (Id., 12.) Sometime in 2009, GOPAC supplied beef trim to Fairbank, which ground it and sold it to supermarkets. (Id.,
1-4, see also Id. at pp. 37-39.) Some of this beef was tainted with E. coli, and some purchasers of the beef were sickened after consuming it. (Id. at p. 37.) After settling with those purchasers, Fairbank sought indemnification from GOPAC. (Id.,