Kenneth Robert Crandall v. Merit Systems Protection Board

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
KENNETH ROBERT CRANDALL,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2024-2187
______________________
Petition for review of the Merit Systems Protection
Board in No. PH-3443-24-0243-I-1.
______________________
ON MOTION
______________________
Before D YK , CUNNINGHAM, and STARK , Circuit Judges.
PER C URIAM.
O R D E R
The Merit Systems Protection Board moves unopposed
to vacate the final decision and to remand.
The administrative judge dismissed Kenneth Robert
Crandall’s petition for enforcement as untimely. The
Board now states that the administrative judge “provided
incomplete information regarding the applicable
Case: 24-2187 Document: 21 Page: 1 Filed: 01/13/2025

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CRANDALL v. MSPB 2
timeliness standard” because “he did not explain that . . .
the standard for calculating a reasonable filing period runs
from the date the petitioner has actual knowledge of the
breach.” Mot. at 1, 8 (emphasis in the original). The Board
seeks remand for “the administrative judge to provide a full
and accurate standard for establishing timeliness, . . . for
Mr. Crandall to have an opportunity to submit argument
and evidence on this issue,” and for the administrative
judge “to issue a new ruling applying the correct stand-
ards.” Mot. at 6, 9–10.
Upon consideration thereof,
IT IS O RDERED THAT:
(1) The Board’s motion is granted, the final decision is
vacated, and the case is remanded to the Board for further
proceedings consistent with this order and the Board’s mo-
tion.
(2) All other pending motions are denied as moot.
(3) Each side shall bear its own costs.
January 13, 2025
Date
FOR THE C OURT
ISSUED AS A MANDATE: January 13, 2025
Case: 24-2187 Document: 21 Page: 2 Filed: 01/13/2025

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