NOTE: This order is nonprecedential.

United States Court of Appea|s for the Federal Circuit 2010-3087 VlDYARANl SUBBARAYA, Petitioner, v. |VIER|T SYSTE|\/1S PROTECT|ON BOARD, Respondent.

Petition for review of the l\/lerit Systems Protection Board in case no. PH0752090439-l-1.

ON MOTl0N R D E R The Department of Veterans Affairs moves to reform the official caption to designate the lVlerit Systems Protection Board as the respondent. The Department also moves for an extension of time until 21 days from date of filing this order for the respondent to file its brief.

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 deciding agency is designated as the respondent when the Board reaches the merits of the underlying case. |n this case, the Board dismissed the appeal for lack of jurisdiction Thus, the Board is the proper respondent Accordingly, lT lS ORDERED THAT: (1) The motion is granted. The revised oft`icial caption is reflected above. (2) The Board's brief is due within 21 days of the date of filing of this order.

FOR THE COURT APRg 0 8 2010 /3/Jan Horbaiy g Date nn Jan HorloalyT _ z Clerk cc: Vidyarani Subbaraya Lauren S. lVloore, Esq.

Sara Rearden, Esq. (copy of petitioner's informal brief enclosed) s20 "si°2ir$5.i3¢ir¢rr°“ APR 08 2010 JAN HORBAL‘I CLERK 2010-3087 2