Case: 14-3063 Document: 13 Page: 1 Filed: 03/12/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
DARLENE M. BROUGHTON,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
______________________
2014-3063
______________________
Petition for review of the Merit Systems Protection
Board in No. SF-0752-13-0101-I-1.
______________________
ON MOTION
______________________
ORDER
The Department of the Veterans Affairs
(“Department”) moves to reform the official caption to name
the Merit Systems Protection Board (“Board”) as the proper
respondent, and to set the due date for the Board’s brief as
21 days from the date of disposition of this motion.
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
Case: 14-3063 Document: 13 Page: 2 Filed: 03/12/2014
2 BROUGHTON v. MSPB
employing agency is designated as the respondent when the
Board reaches the merits of the underlying case. Here, the
Board dismissed Broughton’s appeal for lack of jurisdiction.
Thus, the Board is the proper respondent in this petition for
review.
Accordingly,
IT IS ORDERED THAT:
(1) The motions to reform the caption are granted.
The revised official caption is reflected above.
(2) The Board should calculate its brief due date from
the date of filing of this order.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s21