Johnson v. MSPB

Opinion

Case: 25-1620 Document: 46 Page: 1 Filed: 07/06/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

DENISE JOHNSON, Petitioner

v.

MERIT SYSTEMS PROTECTION BOARD, Respondent ______________________

2025-1620 ______________________

Petition for review of the Merit Systems Protection Board in No. AT-1221-24-0118-W-1. ______________________

ON MOTION ______________________

Before PROST, MAYER, and CUNNINGHAM, Circuit Judges. CUNNINGHAM, Circuit Judge. ORDER The Merit Systems Protection Board moves with con- sent to waive the requirements of Federal Circuit Rule 27(f) and remand this matter to the Board to “consider its holding in light of” Reese v. Department of the Navy, 2025 MSPB 1, 2025 WL 371023 (M.S.P.B. Jan. 31, 2025), and Case: 25-1620 Document: 46 Page: 2 Filed: 07/06/2026

Holman v. Department of the Army, 2025 MSPB 2, 2025 WL 659050 (M.S.P.B. Feb. 27, 2025). ECF No. 45 at 2. It is within this court’s discretion to remand to allow the agency to reconsider its previous position. See SKF USA Inc. v. United States, 254 F.3d 1022, 1029 (Fed. Cir. 2001). Without drawing any conclusions regarding the merits of the parties’ arguments, the court agrees that re- mand here could preserve party and judicial resources. Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The case is remanded to the Board for further consideration consistent with the motion and this order. (2) Each side shall bear its own costs. FOR THE COURT

July 6, 2026 Date

ISSUED AS A MANDATE: July 6, 2026