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Musselman v. Department of the Army

Petition for certiorari denied on January 16, 2018

Linked with:

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)
10/16/2017Petition for a writ of certiorari filed. (Response due November 15, 2017)
11/09/2017Order extending time to file response to petition to and including December 15, 2017.
11/13/2017Brief amicus curiae of Federal Circuit Bar Association filed. VIDED.
11/17/2017Motion for leave to file amicus brief out of time filed by National Treasury Employees Union.
12/15/2017Brief of respondent Department of the Army in opposition filed.
12/18/2017Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner.
12/20/2017DISTRIBUTED for Conference of 1/5/2018.
12/21/2017Reply of petitioner Jeffery S. Musselman filed. (Distributed)
01/02/2018Rescheduled.
01/08/2018DISTRIBUTED for Conference of 1/12/2018.
01/16/2018Motion for leave to file amicus brief filed by National Treasury Employees Union GRANTED.
01/16/2018Petition DENIED.