WILEY v. OPM , No. 12-3140 (Fed. Cir. 2013)

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Case: 12-3140 Document: 39 Page: 1 Filed: 12/11/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ WILLIAM B. WILEY, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent. ______________________ 2012-3140 ______________________ Petition for review of the Merit Systems Protection Board in No. SF0831090055-M-2. ______________________ ON MOTION ______________________ Before RADER, Chief Judge, LOURIE and TARANTO, Circuit Judges. RADER, Chief Judge. ORDER The parties jointly move to remand this case to the Merit Systems Protection Board ( Board ) due to settlement. William B. Wiley appealed a Board decision that determined that his ex-wife was entitled to a permanent Case: 12-3140 Document: 39 Page: 2 2 Filed: 12/11/2013 WILEY v. OPM survivor annuity pursuant to his retirement under the Civil Service Retirement System. On July 13, 2013, the parties entered into a settlement agreement resolving Wiley s claim. Per the settlement agreement, the parties now move to remand the case to the Board for entry of the settlement agreement into the record. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The case is remanded to the Board. (2) Each side shall bear its own costs. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26 ISSUED AS A MANDATE: December 11, 2013

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