Case: 23-1823   Document: 49     Page: 1   Filed: 03/18/2025




   United States Court of Appeals
       for the Federal Circuit
                 ______________________

                    JILLIAN LESKO,
                    Plaintiff-Appellant

                            v.

                   UNITED STATES,
                   Defendant-Appellee
                 ______________________

                       2023-1823
                 ______________________

     Appeal from the United States Court of Federal Claims
 in No. 1:22-cv-00715-CNL, Judge Carolyn N. Lerner.
                  ______________________

          SUA SPONTE HEARING EN BANC

                 ______________________

     DIMITRIOS VASILIOU KOROVILAS, Wucetich & Korovilas
 LLP, El Segundo, CA, for plaintiff-appellant. Also repre-
 sented by JASON MATTHEW WUCETICH; MICHAEL S.
 MORRISON, Alexander Morrison & Fehr LLP, Los Angeles,
 CA.

     REBECCA SARAH KRUSER, Commercial Litigation
 Branch, Civil Division, United States Department of Jus-
 tice, Washington, DC, for defendant-appellee. Also repre-
 sented by REGINALD THOMAS BLADES, JR., PATRICIA M.
 MCCARTHY, BRETT A. SHUMATE.
                 ______________________
Case: 23-1823     Document: 49    Page: 2    Filed: 03/18/2025




 2                                               LESKO v. US




 Before MOORE, Chief Judge, LOURIE, DYK, PROST, REYNA,
   TARANTO, CHEN, HUGHES, STOLL, CUNNINGHAM, and
                STARK, Circuit Judges. 1
 PER CURIAM.

ORDER

     This case was argued before a panel of three judges on
 October 9, 2024. A sua sponte request for a poll on whether
 to consider this case was made. A poll was conducted, and
 a majority of the judges who are in regular active service
 voted for sua sponte en banc consideration.
     Accordingly,
     IT IS ORDERED THAT:
     (1) This case will be heard en banc under 

         and Federal Rule of Appellate Procedure 40(c). The
         court en banc shall consist of all circuit judges in
         regular active service who are not recused or dis-
         qualified in accordance with the provisions of
         

(c).
     (2) The parties are requested to file new briefs, which
         shall be limited to addressing the following ques-
         tions:
           a. Considering Loper Bright Enterprises v. Rai-
              mondo, 

 (2024), how should “offi-
              cially ordered or approved” in 

(a) be interpreted?
           b. Is this a case in which “the agency is author-
              ized to exercise a degree of discretion” such
              that OPM has authority to adopt its writing
              requirement? Loper, 603 U.S. at 394.




     1   Circuit Judge Newman did not participate.
Case: 23-1823     Document: 49     Page: 3    Filed: 03/18/2025




 LESKO v. US                                                3



           c. Is there a statutory provision (e.g., 

, 5548) that provides such authority?
 (3) Ms. Lesko’s en banc opening brief is due 60 days from
     the date of this order. The United States’ en banc re-
     sponse is due within 45 days of service of Ms. Lesko’s
     en banc opening brief, and Ms. Lesko’s reply brief
     within 30 days of service of the response brief. The par-
     ties may file a supplemental appendix, if necessary to
     cite additional material, within 7 days after service of
     the reply brief. The court requires 26 paper copies of
     all briefs and any appendices provided by the filer
     within 5 business days from the date of electronic filing
     of the document. The parties’ briefs must comply with
     Fed. Cir. R. 32(b)(1).
 (4) Any briefs of amicus curiae may be filed without con-
     sent and leave of the court. Any amicus brief support-
     ing Ms. Lesko’s position or supporting neither position
     must be filed within 14 days after service of Ms. Lesko’s
     en banc opening brief. Any amicus brief supporting the
     United States’ position must be filed within 14 days af-
     ter service of the United States’ response brief. Amicus
     briefs must comply with Fed. Cir. R. 29(b).
 (5) Oral argument will be held on September 12, 2025, at
     10 a.m. in Courtroom 201.


                                               FOR THE COURT




 March 18, 2025
    Date