No. 2010-3038. October 13, 2010. Petition for review of the Merit Systems Protection Board in case no. SE0752030358-M-1. Stephanie S.K.C. Toyama, of Honolulu, Hawaii, pro se. Eric P. Bruskin, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Reginald Blades, Jr., Assistant Director. Before RADER, Chief Judge, DYK and