Case: 24-2215     Document: 26     Page: 1    Filed: 12/19/2024




            NOTE: This order is nonprecedential.


   United States Court of Appeals
       for the Federal Circuit
                   ______________________

                    LIBBY A. DEMERY,
                        Petitioner

                              v.

       MERIT SYSTEMS PROTECTION BOARD,
                     Respondent
               ______________________

                         2024-2215
                   ______________________

    Petition for review of the Merit Systems Protection
 Board in No. PH-3330-19-0292-I-1.
              -------------------------------------------------

                    LIBBY A. DEMERY,
                        Petitioner

                              v.

             DEPARTMENT OF THE ARMY,
                      Respondent
                ______________________

                         2025-1183
                   ______________________

    Petition for review of the Merit Systems Protection
 Board in No. DC-3443-24-0105-I-1.
Case: 24-2215      Document: 26           Page: 2        Filed: 12/19/2024




 2                                                       DEMERY v. MSPB




                -------------------------------------------------

                      LIBBY A. DEMERY,
                          Petitioner

                                    v.

       MERIT SYSTEMS PROTECTION BOARD,
                     Respondent
               ______________________

                           2025-1184
                     ______________________

    Petition for review of the Merit Systems Protection
 Board in No. DC-3443-0042-I-1.

                     ______________________

                         ON MOTION
                     ______________________

 PER CURIAM.

ORDER

     The court’s November 15, 2024 order construed sub-
 missions from Libby A. Demery as seeking review of vari-
 ous decisions by the Merit Systems Protection Board or its
 Clerk. Ms. Demery moves for reconsideration of aspects of
 that order and other relief. Appeal No. 2024-2215, ECF No.
 24.
     Though the court construed submissions from Ms.
 Demery as petitions to review denials of her requests to re-
 open the appeal underlying Appeal No. 2024-2215, Ms.
 Demery states that she “is not seeking to appeal” from
 those denials. Appeal No. 2024-2215, ECF No. 24 at 1. Ms.
 Demery’s briefing therefore should not challenge those
Case: 24-2215     Document: 26     Page: 3    Filed: 12/19/2024




 DEMERY v. MSPB                                             3



 denials, and ECF No. 15 in Appeal No. 2024-2215 is no
 longer considered a petition for review of those denials.
     Ms. Demery opposes any extension of time for the
 Board to file its response brief in Appeal No. 2024-2215.
 The court reset the time for the Board to respond because
 the Board, at Ms. Demery’s request, was directed to submit
 an updated certified list including her requests to reopen
 that underlying appeal. Ms. Demery appears to maintain
 that request, and the Board submitted the updated certi-
 fied list on November 25, 2024, as directed by the court.
 The Board’s response brief remains due 40 days from the
 date of service of that updated certified list. See Fed. Cir.
 R. 31(a)(2).
     Ms. Demery seeks to dismiss Appeal Nos. 2025-1183 1
 and 2025-1184, 2 which the court opened because it under-
 stood Ms. Demery’s letter received September 19, 2024, as
 petitions challenging those underlying final decisions of
 the Board as “erroneous.” Appeal No. 2024-2215, ECF No.
 15-2 at 1. The court grants Ms. Demery’s voluntary re-
 quests to dismiss those appeals. 3
     Ms. Demery withdraws her request to consolidate her
 remaining related appeals and objects to their companion
 treatment because she “is unrepresented and anticipates



     1  From Merit Systems Protection Board No. DC-
 3443-24-0105-I-1.

     2  From Merit Systems Protection Board No. DC-
 3443-23-0042-I-1.

     3  On November 4, 2024, the court received from Ms.
 Demery a separate petition for review of Board No. DC-
 3443-24-0105-I-1, which was docketed as Appeal No. 2025-
 1157. That appeal currently is subject to a motion to dis-
 miss, which the court will address separately.
Case: 24-2215    Document: 26     Page: 4   Filed: 12/19/2024




 4                                          DEMERY v. MSPB




 legal complications.” Appeal No. 2024-2215, ECF No. 24 at
 2. The court will not consolidate Ms. Demery’s remaining
 appeals, but they will be designated as companion cases,
 which merely means the cases will be briefed separately on
 separate schedules but will be submitted to the same mer-
 its panel for disposition once briefing completes.
     Accordingly,
     IT IS ORDERED THAT:
     (1) ECF No. 24 in 2024-2215 is granted only to the ex-
 tent that Appeal Nos. 2025-1183 and 2025-1184 are volun-
 tarily dismissed. All pending motions in those cases are
 denied as moot. Each side shall bear its own costs relative
 to those appeals.
     (2) Appeal No. 2024-2215 and Appeal No. 2025-1157
 shall be considered companion cases, to be briefed sepa-
 rately and assigned to the same merits panel for disposi-
 tion.
                                             FOR THE COURT




 December 19, 2024
      Date

 ISSUED AS A MANDATE (as to Appeal Nos. 2025-1183
 and 2025-1184 only): December 19, 2024