Case: 14-3035 Document: 10 Page: 1 Filed: 03/06/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
RENEE PRISCILLA COTHRON-MALLETT,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent,
AND
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Intervenor.
______________________
2014-3035
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-0752-12-0828-I-1.
______________________
ON MOTION
______________________
ORDER
Renee Priscilla Cothron-Mallett moves without
opposition for an extension of time, until May 9, 2014, to
file her opening brief.
Case: 14-3035 Document: 10 Page: 2 Filed: 03/06/2014
2 COTHRON-MALLETT v. MSPB
The Equal Employment Opportunity Commission
(EEOC) moves to reform the caption to name the Merit
Systems Protection Board (Board) as respondent and for
the EEOC to remain in the case as an intervenor. Ms.
Cothron-Mallett opposes.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-
nated as the respondent when the Board's decision con-
cerns the procedure or jurisdiction of the Board. The
employing agency is designated as the respondent when the
Board reaches the merits of the underlying case. Here, the
Board dismissed this appeal for lack of jurisdiction. Thus,
the Board is the proper respondent in this petition for
review.
Accordingly,
IT IS ORDERED THAT:
(1) The motion for an extension of time to file the
petitioner’s opening brief is granted.
(2) The motion to designate the Board as the re-
spondent and the EEOC as an intervenor is granted. The
revised official caption is reflected above.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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