LAGUERRA v. MSPB , No. 13-3152 (Fed. Cir. 2013)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 14, 2013.
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Case: 13-3152 Document: 17 Page: 1 Filed: 09/20/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ MARGARET A. LAGUERRA, Petitioner, v. MERIT SYSTEMS PROTECTION BOARD, Respondent. __________________________ 2013-3152 __________________________ Petition for review of the Merit Systems Protection Board in No. DC0752120395-I-1. __________________________ ON MOTION __________________________ ORDER The Department of the Treasury ( Department ) moves to reform the official caption to name the Merit Systems Protection Board ( Board ) as the proper respondent, and to set the due date for the Board s brief as 21 days from the date of disposition of this motion. Laguerra opposes. Pursuant to 5 U.S.C. ยง 7703(a)(2), the Board is designated as the respondent when the Board's decision concerns the procedure or jurisdiction of the Board. The Case: 13-3152 Document: 17 Page: 2 Filed: 09/20/2013 LAGUERRA V. MSPB 2 employing agency is designated as the respondent when the Board reaches the merits of the underlying case. Here, the Board dismissed Laguerra s appeal for lack of jurisdiction. Thus, the Board is the proper respondent in this petition for review. Accordingly, IT IS ORDERED THAT: (1) The motion to reform the caption is granted. The revised official caption is reflected above. (2) The Board s brief is due 21 days from the date of filing of this order. The Department s brief is stricken. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk s21
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