Hager v. Secretary of Health & Human Services

NOTE: This order is nonprecedential. United States Court ofA11peals for the FederaI Circuit ALLISON HAGER, Petition.er-Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Resp0n,dent-Appellant. 2011-51o4 ` Appea1 from the United States Court of Federal C1aims in case no. 01-VV-307, Judge Nancy B. Firestone. ON MOTION Before LOURIE, Circu.it Judge. 0 R D E R The Secretary of Hea1th and Hurnan Servioes moves to stay proceedings in this case pending the court’s dispo- sition of Porter v. HHS, No. 2010-5162 and Knight ex rel. Rot0li u. HHS, No. 2010-5163. Al1ison Hager opposes The Secretary replies. The Secretary also moves without opposition for a 30-day extension of time to file its brief. H.AGER V. HHS 2 The Secretary asserts that there is a substantial over- lap in the legal and factual issues between this case and Porter and Rotoli, that all three appeals arise out of a single decision of the United States Court of Federal Claims, and that the Court of Federal Claims’ reasons for setting aside the special masters’ decisions and for credit- ing petitioners’ medical theories, were virtually identical in all three cases. The court notes that this court heard oral argument in Porter and Rotoli on August 2, 2011. » Accordingly, I'r ls ORDERED TH_A_T: (1) The motion is granted. The Secretary is directed to inform the court within 30 days of the disposition of Porter and Rotoli how this appeal should proceed Hager may also respond within that time. _ (2) A copy of this order shall be transmitted to the merits panel assigned to hear Porter and Rotolt`. (3) The motion for an extension of time is moot. FoR THE CoURT SEP 0 1 2011 /sf J an Horbaly Date J an Horbaly Clerk Fl 0 C(;; R0na]_d H0mer, ESq_ U.S.COURT 0|l?EPPEALS FOR TH , |T Sarang V. Damle, Esq. E FEDERAL nmu 819 sep 01 am .|AN |'l0RBAL‘{ CLEH(