Demery v. MSPB

Opinion

Case: 24-2215 Document: 26 Page: 1 Filed: 12/19/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

LIBBY A. DEMERY, Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________

2024-2215 ______________________

Petition for review of the Merit Systems Protection Board in No. PH-3330-19-0292-I-1. -------------------------------------------------

DEPARTMENT OF THE ARMY, Respondent ______________________

2025-1183 ______________________

Petition for review of the Merit Systems Protection Board in No. DC-3443-24-0105-I-1. Case: 24-2215 Document: 26 Page: 2 Filed: 12/19/2024

-------------------------------------------------

MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________

2025-1184 ______________________

Petition for review of the Merit Systems Protection Board in No. DC-3443-0042-I-1.

______________________

ON MOTION ______________________

PER CURIAM. ORDER The court’s November 15, 2024 order construed sub- missions from Libby A. Demery as seeking review of vari- ous decisions by the Merit Systems Protection Board or its Clerk. Ms. Demery moves for reconsideration of aspects of that order and other relief. Appeal No. 2024-2215, ECF No. 24. Though the court construed submissions from Ms. Demery as petitions to review denials of her requests to re- open the appeal underlying Appeal No. 2024-2215, Ms. Demery states that she “is not seeking to appeal” from those denials. Appeal No. 2024-2215, ECF No. 24 at 1. Ms. Demery’s briefing therefore should not challenge those Case: 24-2215 Document: 26 Page: 3 Filed: 12/19/2024

DEMERY v. MSPB 3

denials, and ECF No. 15 in Appeal No. 2024-2215 is no longer considered a petition for review of those denials. Ms. Demery opposes any extension of time for the Board to file its response brief in Appeal No. 2024-2215. The court reset the time for the Board to respond because the Board, at Ms. Demery’s request, was directed to submit an updated certified list including her requests to reopen that underlying appeal. Ms. Demery appears to maintain that request, and the Board submitted the updated certi- fied list on November 25, 2024, as directed by the court. The Board’s response brief remains due 40 days from the date of service of that updated certified list. See Fed. Cir. R. 31(a)(2). Ms. Demery seeks to dismiss Appeal Nos. 2025-1183 1 and 2025-1184, 2 which the court opened because it under- stood Ms. Demery’s letter received September 19, 2024, as petitions challenging those underlying final decisions of the Board as “erroneous.” Appeal No. 2024-2215, ECF No. 15-2 at 1. The court grants Ms. Demery’s voluntary re- quests to dismiss those appeals. 3 Ms. Demery withdraws her request to consolidate her remaining related appeals and objects to their companion treatment because she “is unrepresented and anticipates

1 From Merit Systems Protection Board No. DC- 3443-24-0105-I-1.

2 From Merit Systems Protection Board No. DC- 3443-23-0042-I-1.

3 On November 4, 2024, the court received from Ms. Demery a separate petition for review of Board No. DC- 3443-24-0105-I-1, which was docketed as Appeal No. 2025- 1157. That appeal currently is subject to a motion to dis- miss, which the court will address separately. Case: 24-2215 Document: 26 Page: 4 Filed: 12/19/2024

legal complications.” Appeal No. 2024-2215, ECF No. 24 at 2. The court will not consolidate Ms. Demery’s remaining appeals, but they will be designated as companion cases, which merely means the cases will be briefed separately on separate schedules but will be submitted to the same mer- its panel for disposition once briefing completes. Accordingly, IT IS ORDERED THAT: (1) ECF No. 24 in 2024-2215 is granted only to the ex- tent that Appeal Nos. 2025-1183 and 2025-1184 are volun- tarily dismissed. All pending motions in those cases are denied as moot. Each side shall bear its own costs relative to those appeals. (2) Appeal No. 2024-2215 and Appeal No. 2025-1157 shall be considered companion cases, to be briefed sepa- rately and assigned to the same merits panel for disposi- tion. FOR THE COURT

December 19, 2024 Date

ISSUED AS A MANDATE (as to Appeal Nos. 2025-1183 and 2025-1184 only): December 19, 2024