NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit 2009-3115 ROBERT J. DI PAOLO, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

Petition for review of the Merit Systems Protection Board in SF0752080041-1-1.

ON MOTION Before BRYSON, Circuit Judge.

ORDER Robert J. Di Paolo moves to supplement the record to include an affidavit not before the Merit Systems Protection Board. The United States Postal Service opposes.

Upon consideration thereof, IT IS ORDERED THAT: The motion to supplement the record is deferred for consideration by the merits panel that is assigned to hear the case. A copy of this order and the motions papers shall be transmitted to the merits panel assigned to hear this case.

FOR THE COURT JUN 1 1 2009 /s/ Jan Horbaly Date Jan Horbaly Clerk attniltbri JUN 1 1 2009 JAN HOlikliia CLERK cc: Robert J. Di Paolo Carrie A. Dunsmore, Esq. s19

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