Essex Valley Visiting Nurses v. Nat'l Labor Relations Bd.

Full title: Essex Valley Visiting Nurses Association, et al., Petitioners v. National…

Court: United States Court of Appeals, District of Columbia Circuit

Date published: Jan 30, 2009

Nos. 08-1189, 08-1334 (D.C. Cir. Jan. 30, 2009)

Opinion

Nos. 08-1189, 08-1334.

Filed On: January 30, 2009.

BEFORE: Henderson, Tatel, and Kavanaugh, Circuit Judges.

Per Curiam

ORDER

Upon consideration of the court's order issued October 7, 2008, directing the parties to show cause why No. 08-1189 should not be dismissed as incurably premature, and the response thereto, it is

ORDERED that the order to show cause be discharged. It is FURTHER ORDERED that the petition for review in No. 08-1189 be dismissed as incurably premature. See Clifton Power Corp. v. FERC, 294 F.3d 108, 110 (D.C. Cir. 2002) (holding that a petition for review is incurably premature when a party seeks simultaneous agency reconsideration, and the jurisdictional defect cannot be cured by subsequent agency action). It is

FURTHER ORDERED that No. 08-1238 be consolidated with No. 08-1334, et al.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate in No. 08-1189 until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.