NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

2008-3206

MICHAEL A. ENDRES,

Petitioner,

v.

DEPARTMENT OF VETERANS AFFAIRS,

Respondent. Petition for review of the Merit Systems Protection Board in DE3443060055-X-1.

ON MOTION

ORDER Before GAJARSA, FRIEDMAN, and LINN, Circuit Judges. LINN, Circuit Judge.

Michael A. Endres and the Department of Veterans Affairs jointly move to remand this petition for review to Merit Systems Protection Board, due to settlement, for further proceedings.

Upon consideration thereof

IT IS ORDERED THAT:

(1) The motion to remand is granted.

(2) Each side shall bear its own costs.

FOR THE COURT

MAY -5 2009

/s/ Jan Horbaly

Date Jan Horbaly

Clerk cc: Thomas F. Muther, Jr., Esq.

Jane W. Vanneman, Esq.

MAY 5 2009 s20

MAY -5 2009 JAN HORbeiLt

CLERK ISSUED AS A MANDATE: 2008-3206 2