NOTE: This order is nonprecedential.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