ORDER

It has been determined that the underlying cause of this action is an USERRA action. Pursuant to statute 38 U.S.C. 4323(h)(1), the filing fee is waived in an USERRA action. As such,

IT IS ORDERED THAT:

(1) The order of dismissal issued November 1, 2006 is vacated, the mandate recalled, and the notice of appeal is reinstated.

(2) Respondent should compute the due date for filing its brief from the date of filing of this order.