NOTE: This order is nonprecedential.
Wniteb $tates (!Court of §ppeaIs
for tbe jfeberaI (!Circuit
TIMOTHY c. BENNINGTON,
Petitioner,
AND
STEVEN R. HAYES,
Petitioner,
AND
TIMOTHY A. HUBAL,
Petitioner,
AND
RICHARD E. KIDWELL,
Petitioner,
AND
CARL C. WILLIAMS,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent,
AND
UNITED STATES POSTAL SERVICE,
Intervenor.
BENNINGTON v. MSPB 2
2011-3222
Petition for review of the Merit Systems Protection
Board in consolidated case nos. CH0351100110-I-1,
CH0351100117-I-1, CH0351100119-I-1, CH0351100128-I-
1, and CH0351100127-I-1.
ON MOTION
ORDER
The United States Postal Service (USPS) moves
without opposition to reform the caption to name the Merit
Systems Protection Board as the respondent. and to name
USPS as intervenor. USPS also moves without opposition
for an extension of time to file its brief.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is
designated as the respondent when the Board's decision
concerns 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.
Accordingly,
IT Is ORDERED THAT:
(1) The motion to reform the caption is granted. The
revised official caption is reflected above.
(2) The motion for an extension of time is granted.
The briefs of the USPS and Board are due within 21 days
from the date of filing of this order.
3 BENNINGTON v. MSPB
FOR THE COURT
JAN 1-, 2012 /s/ Jan Horbaly
Date Jan Horbaly
Clerk
FILED
cc: Carl C. Williams u.s. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
Richard E. Kidwell
Steven R. Hayes . JAN 1 72012
Timothy A. Hubal
Timothy C. Bennington JAN HORBAlY
Michael S. Macko, Esq. CLERK
Keisha Dawn Bell, Esq.
s19