NESBARY v. TREASURY , No. 14-3046 (Fed. Cir. 2014)

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The court issued a subsequent related opinion or order on March 27, 2014.

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Case: 14-3046 Document: 12 Page: 1 Filed: 03/12/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ FRANCINE NESBARY, Petitioner, v. DEPARTMENT OF THE TREASURY, Respondent. ______________________ 2014-3046 ______________________ Petition for review of the Merit Systems Protection Board in No. CH-0752-13-0588-I-1. ______________________ ON MOTION ______________________ ORDER Francine Nesbary moves the court for an extension of time to file her principal brief. The Department of Treasury s motion to dismiss the petition is currently pending with the court. We note that the motion to dismiss suspends the due date for the brief. Fed. Cir. R. 31(c). Thus, the motion for an extension of time is unnecessary. Accordingly, Case: 14-3046 Document: 12 2 Page: 2 Filed: 03/12/2014 NESBARY v. TREASURY IT IS ORDERED THAT: (1) The briefing schedule is stayed. (2) Nesbary s motion for an extension of time to file her brief is moot. No brief is due until after disposition of the motion to dismiss, if appropriate. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26

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