Case: 13-7039 Document: 8 Page: 1 Filed: 06/05/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________ MARISSA B. POLMOUNTER, Claimant-Appellant, v. Eric K. Shinseki, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. __________________________ 2013-7039 __________________________ Appeal from the United States Court of Appeals for Veterans Claims in No. 10-3262, Judge Alan G. Lance, Sr. __________________________ ON MOTION __________________________ PER CURIAM.

ORDER Marissa B. Polmounter moves to stay proceedings in this appeal pending the outcome of her petition for a writ of mandamus before the United States Court of Appeals for Veterans Claims (Veterans Court). The Secretary of Veterans Affairs (Secretary) moves for leave to file his opposition out of time.

Case: 13-7039 Document: 8 Page: 2 Filed: 06/05/2013

MARISSA POLMOUNTER v. SHINSEKI 2

It is noted that the Veterans Court has now denied Polmounter’s petition for extraordinary relief, and there- fore there is no basis to stay the case.

Accordingly, IT IS ORDERED THAT: (1) Polmounter’s motion to stay is denied. (2) The Secretary’s motion for leave to file his re- sponse out of time is granted. (3) Polmounter’s brief is due 30 days from the date of this order.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk s26