Opinion
15328-21W
09-08-2022
THOMAS L. BRODERICK, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Kathleen Kerrigan, Chief Judge.
By Order to Show Cause issued July 15, 2022, the Court directed the parties to show cause in writing why this case should not be dismissed for lack of jurisdiction. In so ordering, we relied on the opinion of the United States Court of Appeals for the District of Columbia Circuit in Li v. Commissioner, 22 F.4th 1014 (D.C. Cir. 2022), holding that we lack subject matter jurisdiction of whistleblower cases, like this one, that involve a rejection of a claim for a whistleblower award. In our Order to Show Cause, we stated that the judgment in Li was final.
On August 30, 2022, the United States Supreme Court docketed a petition for writ of certiorari as of June 16, 2022. Because a party timely sought a writ of certiorari, Li is not final. Accordingly, it is
ORDERED that the Court's Order to Show Cause, issued July 15, 2022, is discharged. The parties are reminded that, pursuant to the Court's Order served March 7, 2022, the proceedings in this case are stayed pending a final judgment in Li. Although proceedings in this case are stayed, it is further
ORDERED that, on or before December 16, 2022, the parties shall file status reports concerning the then-current status of this case and the case of Li v. Commissioner. This due date supersedes any due date previously set for status reports. It is further
ORDERED that all pending motions will be held in abeyance until further direction by the Court.