Davis v. Department of Labor
Davis v. Department of Labor
Opinion of the Court
JUDGMENT
This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. See Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34Q). Upon consideration of the foregoing; the motion for sanctions, the opposition thereto, and the reply; and the supplemental reply brief, it is
ORDERED that the motion for sanctions be denied. Appellant has not established that he is entitled to sanctions under D.C.Cir. Rule 38. It is
FURTHER ORDERED AND ADJUDGED that the district court’s November 30, 2012, and December 31, 2012, orders be vacated and the case be remanded
The district court’s November 30, 2012, memorandum opinion states it is clear from the record that “the Magistrate Judge was satisfied that the [2001] reimbursement requests either were in compliance with the [2001 order] or were not covered” thereby. But it is not clear from the record when or whether the magistrate judge made that determination in the first instance. Accordingly, on remand the district court is instructed to determine whether Liberty Mutual’s responses to the requests dated March 14, April 3, and November 26, 2001, complied with the 2001 order, and if any of them did not, to impose the fine prescribed by that order.
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. RApp. P. 41(b); D.C.Cir. Rule 41.
Reference
- Full Case Name
- Earl C. DAVIS v. DEPARTMENT OF LABOR
- Status
- Published