Libby A. Demery v. Merit Systems Protection Board

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
LIBBY A. DEMERY,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2024-2215
______________________
Petition for review of the Merit Systems Protection
Board in No. PH-3330-19-0292-I-1.
-------------------------------------------------
LIBBY A. DEMERY,
Petitioner
v.
DEPARTMENT OF THE ARMY,
Respondent
______________________
2025-1183
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-3443-24-0105-I-1.
Case: 24-2215 Document: 26 Page: 1 Filed: 12/19/2024

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DEMERY v. MSPB 2
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LIBBY A. DEMERY,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2025-1184
______________________
Petition for review of the Merit Systems Protection
Board in No. DC-3443-0042-I-1.
______________________
ON MOTION
______________________
P ER CURIAM .
O R D E R
The court’s November 15, 2024 order construed sub-
missions from Libby A. Demery as seeking review of vari-
ous decisions by the Merit Systems Protection Board or its
Clerk. Ms. Demery moves for reconsideration of aspects of
that order and other relief. Appeal No. 2024-2215, ECF No.
24.
Though the court construed submissions from Ms.
Demery as petitions to review denials of her requests to re-
open the appeal underlying Appeal No. 2024-2215, Ms.
Demery states that she “is not seeking to appeal” from
those denials. Appeal No. 2024-2215, ECF No. 24 at 1. Ms.
Demery’s briefing therefore should not challenge those
Case: 24-2215 Document: 26 Page: 2 Filed: 12/19/2024

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DEMERY v. MSPB 3
denials, and ECF No. 15 in Appeal No. 2024-2215 is no
longer considered a petition for review of those denials.
Ms. Demery opposes any extension of time for the
Board to file its response brief in Appeal No. 2024-2215.
The court reset the time for the Board to respond because
the Board, at Ms. Demery’s request, was directed to submit
an updated certified list including her requests to reopen
that underlying appeal. Ms. Demery appears to maintain
that request, and the Board submitted the updated certi-
fied list on November 25, 2024, as directed by the court.
The Board’s response brief remains due 40 days from the
date of service of that updated certified list. See Fed. Cir.
R. 31(a)(2).
Ms. Demery seeks to dismiss Appeal Nos. 2025-11831
and 2025-1184,2 which the court opened because it under-
stood Ms. Demery’s letter received September 19, 2024, as
petitions challenging those underlying final decisions of
the Board as “erroneous.” Appeal No. 2024-2215, ECF No.
15-2 at 1. The court grants Ms. Demery’s voluntary re-
quests to dismiss those appeals.3
Ms. Demery withdraws her request to consolidate her
remaining related appeals and objects to their companion
treatment because she “is unrepresented and anticipates
1 From Merit Systems Protection Board No. DC-
3443-24-0105-I-1.
2 From Merit Systems Protection Board No. DC-
3443-23-0042-I-1.
3 On November 4, 2024, the court received from Ms.
Demery a separate petition for review of Board No. DC-
3443-24-0105-I-1, which was docketed as Appeal No. 2025-
1157. That appeal currently is subject to a motion to dis-
miss, which the court will address separately.
Case: 24-2215 Document: 26 Page: 3 Filed: 12/19/2024

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DEMERY v. MSPB 4
legal complications.” Appeal No. 2024-2215, ECF No. 24 at
2. The court will not consolidate Ms. Demery’s remaining
appeals, but they will be designated as companion cases,
which merely means the cases will be briefed separately on
separate schedules but will be submitted to the same mer-
its panel for disposition once briefing completes.
Accordingly,
I T I S O RDERED T HAT :
(1) ECF No. 24 in 2024-2215 is granted only to the ex-
tent that Appeal Nos. 2025-1183 and 2025-1184 are volun-
tarily dismissed. All pending motions in those cases are
denied as moot. Each side shall bear its own costs relative
to those appeals.
(2) Appeal No. 2024-2215 and Appeal No. 2025-1157
shall be considered companion cases, to be briefed sepa-
rately and assigned to the same merits panel for disposi-
tion.
December 19, 2024
Date
F OR THE COURT
ISSUED AS A MANDATE (as to Appeal Nos. 2025-1183
and 2025-1184 only): December 19, 2024
Case: 24-2215 Document: 26 Page: 4 Filed: 12/19/2024

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