NOTE: This order is nonprecedentia|. United States Court of Appea|s for the Federa| Circuit 2009-3179 V|V|AN ARNOLD, Petitioner, V. MER|T SYSTEN|S PROTECT|ON BOARD, Respondent. Petition for review of the Merit Systems Protection Board in DC315H080788-|-1. ON MOTlON 0 R D E R The Department of the Army moves without opposition to reform the caption to name the N|erit Systems Protection Board as respondent. Pursuant to 5 U.S.C. § 7703(a)(2), the Board is designated as the respondent when the Board's decision concerns the procedure or jurisdiction of the Board. The employing agency is designated as the respondent when the Board reaches the merits of the underlying case. According|y, lT |S ORDERED THAT: (1) The motion is granted. The revised official caption is refiected above (2) The Board’s brief is due within 21 days from the date of filing of this orcIer.

live 1 7 2003 cc: Vivian Arno|d Steven J. Abelson, Esq. Sara B_ Rearden, Esq. s19 2009-3‘i79 FOR THE COURT lsi Jan Hgorba|y C|erk Date Jan Horba|y ii "|`B>EAr3 ron .8. UOUR`l' THE FEDg!FAL CtRcu|1' AUG 1 7 2009 .|AN HURBALY CLERK