NOTE: This order is nonprecedentia1.

United States Court of Appeals for the Federal Circuit

DAVID M. PE CARD, Petitioner,

V.

DEPARTMENT OF AGRICULTURE, Respondent.

2011-3151 .

Petition for review of the Merit Systems Protection Board in case no. DA3330090730-B-1.

ON MOTION

ORDER

David M. Pecard moves to strike respondent’s brief as untimely filed. The Department of Agriculture moves for leave to file its opposition to the motion, and opposes.

Upon consideration thereof, IT IS ORDERED THATI

(1) Pecard's motion is denied.

DAVID PECARD V. DEPARTMENT OF AGRICULTURE 2

(2) The motion for leave to file an opposition is granted.

FOR THE COURT

1 5 2012 /s/ Jan Horbaly Date J an Horbaly Clerk cc: David M. Pecard Jeffrey D. Klingman, Esq. s26 n PEALSFOB u'&r%.§u\=§\i:izi|i/z\.pc\acun s AUG 15 2012 _ JAN HURBALY

CLERK