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15-3173•Federal Education Association - Stateside Region, Karen Graviss v. Department of Defense, Domestic Dependents Elementary and Secondary School
15-3173Court of Appeals for the Federal CircuitMar 13, 2018
United States Court of Appeals
for the Federal Circuit
______________________
FEDERAL EDUCATION ASSOCIATION -
STATESIDE REGION, KAREN GRAVISS,
Petitioners
v.
DEPARTMENT OF DEFENSE, DOMESTIC
DEPENDENTS ELEMENTARY AND SECONDARY
SCHOOL,
Respondent
______________________
2015-3173
______________________
Petition for review of an arbitrator’s decision in No.
14-1024-00182-7 by Steven G. Hoffmeyer.
______________________
ON PETITION FOR REHEARING EN BANC
______________________
Before P ROST , Chief Judge, N EWMAN, P LAGER, L OURIE,
D YK, MOORE, O’MALLEY , REYNA, WALLACH , T ARANTO,
CHEN, HUGHES , and S TOLL , Circuit Judges.
P ER CURIAM .
ORDER FOR SUPPLEMENTAL BRIEFING
This court granted rehearing en banc on October 13,
2017, and scheduled oral argument for March 8, 2018. On
March 6, 2018, the court requested that “[a]t oral argu-
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2 FEDERAL EDUCATION ASSOCIATION v. DEFENSE
ment before the en banc court on March 8, the parties
should be prepared to address the timeliness question in a
preliminary manner, including the question of when the
decision of an arbitrator ‘issues’ within the meaning of 5
U.S.C. § 7703(b)(1).” On March 8, 2018, the parties pre-
sented oral argument on the jurisdictional issue.
I T I S O RDERED T HAT :
(1) The parties are requested to file supplemental
briefs to address this court’s jurisdiction under 5
U.S.C. § 7703(b)(1).
(2) Simultaneous briefs must be filed within 30 days of
this order. Party briefs may not exceed 25 pages
double-spaced.
(3) The court invites the views of amici curiae. Any
amicus briefs must be filed within 30 days of this
order. Amicus briefs may not exceed 15 pages dou-
ble-spaced. Any such briefs may be filed without
consent and leave of court, but otherwise must
comply with Federal Rule of Appellate Procedure
29 and Federal Circuit Rule 29. All amicus briefs
shall be filed as stated below.
(4) The supplemental party briefs and briefs of any
amici curiae shall be electronically filed in the ECF
system, and thirty paper copies of each brief shall
be filed with the court. Two paper copies of all fil-
ings shall be served on opposing counsel. Briefs
shall otherwise adhere to the limitations set forth
in Federal Rule of Appellate Procedure 32 and Fed-
eral Circuit Rule 32.
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FEDERAL EDUCATION ASSOCIATION v. DEFENSE 3
F OR THE COURT
March 13, 2018 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court
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