Opinion
2011-3159
12-09-2011
TIMOTHY J. TIERNEY, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.
NOTE: This order is nonprecedential.
Petition for review of the Merit Systems Protection Board in case no. DA3443060659-I-2.
ON MOTION
ORDER
Timothy J. Tierney moves without opposition to stay proceedings in this appeal pending the court's disposition of Duncan v. Dep't of the Air Force, 2011-3053 and for an extension of time to file his initial brief.
Tierney asserts that this case and Duncan both involve evidentiary issues related the proper administration of military leave under the Uniformed Services Employment and Reemployment Rights Act of 1994.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion to stay is granted. Tierney is directed to inform the court within 30 days of the disposition of Duncan how he believes this appeal should proceed. The Department of Justice may also respond within that time.
(2) A copy of this order shall he transmitted to the merits panel assigned to hear Duncan.
(3) The motion for an extension of time is denied as moot.
FOR THE COURT
Jan Horbaly
Clerk
cc: Andrew L. McNamara, Esq.
Michael P. Goodman, Esq.
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