Case: 13-3152 Document: 17 Page: 1 Filed: 09/20/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

MARGARET A. LAGUERRA, Petitioner,

v. MERIT SYSTEMS PROTECTION BOARD, Respondent. __________________________

2013-3152 __________________________

Petition for review of the Merit Systems Protection Board in No. DC0752120395-I-1. __________________________

ON MOTION __________________________

ORDER

The Department of the Treasury (“Department”) moves to reform the official caption to name the Merit Systems Protection Board (“Board”) as the proper respondent, and to set the due date for the Board’s brief as 21 days from the date of disposition of this motion. Laguerra opposes.

Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig- nated as the respondent when the Board's decision con- cerns the procedure or jurisdiction of the Board. The Case: 13-3152 Document: 17 Page: 2 Filed: 09/20/2013

LAGUERRA V. MSPB 2

employing agency is designated as the respondent when the Board reaches the merits of the underlying case. Here, the Board dismissed Laguerra’s appeal for lack of jurisdic- tion. Thus, the Board is the proper respondent in this petition for review. Accordingly, IT IS ORDERED THAT:

(1) The motion to reform the caption is granted. The revised official caption is reflected above.

(2) The Board’s brief is due 21 days from the date of filing of this order. The Department’s brief is stricken.

FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk s21