Opinion

Amalie Munson v. Department of the Army

Court
Merit Systems Protection Board
Filed
Jan 12, 2015
Status
Unpublished
Cited by
0 cases
Authority
More cited than 33.8%

The opinion

UNITED STATES OF AMERICA

MERIT SYSTEMS PROTECTION BOARD

AMALIE MUNSON, DOCKET NUMBER

Appellant, SF-0752-13-1073-X-1

v.

DEPARTMENT OF THE ARMY, DATE: January 12, 2015

Agency.

THIS FINAL ORDER IS NONPRECEDENTIAL ∗

Neil C. Bonney, Esquire, Virginia Beach, Virginia, for the appellant.

Kevin D. Cox, Herlong, California, and Tiffany J. Hall, Warren, Michigan,

for the agency.

BEFORE

Susan Tsui Grundmann, Chairman

Anne M. Wagner, Vice Chairman

Mark A. Robbins, Member

FINAL ORDER

¶1 The administrative judge issued a compliance initial decision finding the

agency noncompliant with a settlement agreement entered in the underlying

appeal, MSPB Docket No. SF-0752-13-1073-I-1. See MSPB Docket No.

∗

A nonprecedential order is one that the Board has determined does not add

significantly to the body of MSPB case law. Parties may cite nonprecedential orders,

but such orders have no precedential value; the Board and administrative judges are not

required to follow or distinguish them in any future decisions. In contrast, a

precedential decision issued as an Opinion and Order has been identified by the Board

as significantly contributing to the Board’s case law. See 5 C.F.R. § 1201.117(c).

2

SF-0752-13-1073-C-1, Compliance File, Tab 9, Compliance Initial Decision

(CID). For the reasons discussed below, we find the agency in compliance and

DISMISS the petition for enforcement. This is the final decision of the Merit

Systems Protection Board in this compliance proceeding. Title 5 of the Code of

Federal Regulations, section 1201.183(c)(1) (5 C.F.R. § 1201.183(c)(1)).

DISCUSSION OF ARGUMENTS AND EVIDENCE ON COMPLIANCE

¶2 On September 19, 2014, the administrative judge issued a compliance initial

decision finding the agency in noncompliance with the settlement agreement

entered in the underlying appeal. CID. The administrative judge ordered the

agency to pay the appellant $41,122.13 in attorney fees. CID at 1. Neither party

petitioned for review, and the case was referred to the Board’s Office of General

Counsel to obtain compliance.

¶3 The Board issued an acknowledgement order instructing the agency to

submit evidence of compliance by November 20, 2014. MSPB Docket No.

SF-0752-13-1073-X-1, Compliance Referral File, Tab 1 at 3. The agency did not

respond.

¶4 On December 1, 2014, the agency informed the Office of General Counsel

by email that it had paid the required amount to the appellant on November 18,

2014. On December 2, 2014, the appellant’s attorney confirmed by email that he

had received the payment. He stated that the only outstanding issue was any fees

incurred as a result of the agency’s noncompliance.

¶5 Because both parties agree payment has been made as ordered by the

compliance initial decision, we find the agency in compliance and dismiss the

petition for enforcement. The appellant may file a separate attorney fee petition

with the appropriate Board office. See 5 C.F.R. § 1201.203.

3

NOTICE TO THE APPELLANT REGARDING

YOUR RIGHT TO REQUEST

ATTORNEY FEES AND COSTS

You may be entitled to be paid by the agency for your reasonable attorney

fees and costs. To be paid, you must meet the requirements set out at Title 5 of

the United States Code (5 U.S.C.), sections 7701(g), 1221(g), or 1214(g). The

regulations may be found at 5 C.F.R. §§ 1201.201, 1201.202, and 1201.203. If

you believe you meet these requirements, you must file a motion for attorney fees

WITHIN 60 CALENDAR DAYS OF THE DATE OF THIS DECISION. You

must file your attorney fees motion with the office that issued the initial decision

on your appeal.

NOTICE TO THE APPELLANT REGARDING

YOUR FURTHER REVIEW RIGHTS

You have the right to request review of this final decision by the United

States Court of Appeals for the Federal Circuit. You must submit your request to

the court at the following address:

United States Court of Appeals

for the Federal Circuit

717 Madison Place, N.W.

Washington, DC 20439

The court must receive your request for review no later than 60 calendar days

after the date of this order. See 5 U.S.C. § 7703(b)(1)(A) (as rev. eff. Dec. 27,

2012). If you choose to file, be very careful to file on time. The court has held

that normally it does not have the authority to waive this statutory deadline and

that filings that do not comply with the deadline must be dismissed. See Pinat v.

Office of Personnel Management, 931 F.2d 1544 (Fed. Cir. 1991).

If you need further information about your right to appeal this decision to

court, you should refer to the federal law that gives you this right. It is found in

Title 5 of the United States Code, section 7703 (5 U.S.C. § 7703) (as rev. eff.

Dec. 27, 2012). You may read this law as well as other sections of the United

4

States Code, at our website, http://www.mspb.gov/appeals/uscode/htm.

Additional information is available at the court's website, www.cafc.uscourts.gov.

Of particular relevance is the court's "Guide for Pro Se Petitioners and

Appellants," which is contained within the court's Rules of Practice, and Forms 5,

6, and 11.

If you are interested in securing pro bono representation for your court

appeal, you may visit our website at http://www.mspb.gov/probono for a list of

attorneys who have expressed interest in providing pro bono representation for

Merit Systems Protection Board appellants before the court. The Merit Systems

Protection Board neither endorses the services provided by any attorney nor

warrants that any attorney will accept representation in a given case.

FOR THE BOARD: ______________________________

William D. Spencer

Clerk of the Board

Washington, D.C.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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