GREENIDGE v. MCDONOUGH , No. 23-1445 (Fed. Cir. 2023)
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Case: 23-1445 Document: 12 Page: 1 Filed: 08/17/2023 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ MARCOS GREENIDGE, Claimant-Appellant v. DENIS MCDONOUGH, Secretary of Veterans Affairs, Respondent-Appellee ______________________ 2023-1445 ______________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 20-7820, Judge Joseph L. Toth. ______________________ ON MOTION ______________________ Before CHEN, MAYER, and STOLL, Circuit Judges. PER CURIAM. ORDER The Secretary of Veterans Affairs moves unopposed for remand to allow the United States Court of Appeals for Veterans Claims the opportunity to “address the effects, if any, of Halpern[ v. Principi, 313 F.3d 1364 (Fed. Cir. 2002),] and other relevant binding precedent on [the] Case: 23-1445 Document: 12 2 Page: 2 Filed: 08/17/2023 GREENIDGE v. MCDONOUGH decision, and, if appropriate, to address in the first instance whether [Marcos] Greenidge qualifies as a prevailing party for the purposes of EAJA.” Mot. at 5. Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted to the extent that the case is remanded to the Court of Appeals for Veterans Claims to reconsider its decision in light of the arguments and precedent raised in the motion and this order. (2) Each side shall bear its own costs. FOR THE COURT August 17, 2023 Date /s/ Jarrett B. Perlow Jarrett B. Perlow Clerk of Court ISSUED AS A MANDATE: August 17, 2023
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