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Musselman v. Department of the Army

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Petition for certiorari denied on January 16, 2018

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Docket No. Op. Below Argument Opinion Vote Author Term
17-570 Fed. Cir. N/A N/A N/A N/A OT 2017

Issue: Whether the 60-day time limit for an employee or applicant for employment to seek judicial review of a final decision by the Merit Systems Protection Board, 5 U.S.C. § 7703(b)(1)(A), is a jurisdictional requirement or a claim-processing rule subject to equitable tolling.

DateProceedings and Orders (key to color coding)
Oct 16 2017Petition for a writ of certiorari filed. (Response due November 15, 2017)
Nov 09 2017Order extending time to file response to petition to and including December 15, 2017.
Nov 13 2017Brief amicus curiae of Federal Circuit Bar Association filed. VIDED.
Nov 17 2017Motion for leave to file amicus brief out of time filed by National Treasury Employees Union.
Dec 15 2017Brief of respondent Department of the Army in opposition filed.
Dec 18 2017Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
Dec 20 2017DISTRIBUTED for Conference of 1/5/2018.
Dec 21 2017Reply of petitioner Jeffery S. Musselman filed. (Distributed)
Jan 02 2018Rescheduled.
Jan 08 2018DISTRIBUTED for Conference of 1/12/2018.
Jan 16 2018Motion for leave to file amicus brief filed by National Treasury Employees Union GRANTED.
Jan 16 2018Petition DENIED.