10/04/2023 |
| This case was submitted to a panel consisting of Judges Greenberg, Toth, and Jaquith for decision on September 12, 2023. Pursuant to Rule 34 of the Court's Rules of Practice and Procedure, the Clerk will schedule oral argument as the business of the Court permits. (DB) |
10/17/2023 |
| It is ORDERED, pursuant to Rule 34 of the Court's Rules of Practice and Procedure, that oral argument, which will be held remotely, is set for Thursday, November 30, 2023, at 1:00 p.m. before the panel of Judges Greenberg, Toth, and Jaquith. Counsel for the parties are allotted 30 minutes each for presentation of argument. (DB) |
10/19/2023 |
| PER CURIAM, ORDERED that the appellant's motion for clarification is granted and that the parties be prepared to discuss the issue described above at the November 30, 2023, oral argument. It is further ORDERED that the Court's September 12, 2023, order submitting this case to panel is hereby amended to reflect that the docket number is "20-7820(E)" as opposed to "20-7820." (GREENBERG, TOTH and JAQUITH) (WITHDRAWN ON 05/31/2024 PER OPINION)--[Edited 05/31/2024 by GBG] (GBG) |
11/29/2023 |
| Appearance of Mark D Vichich for Denis McDonough, in case 20-7820 as co-counsel (MDV) |
11/30/2023 |
| Case argued before Judges Greenberg, Toth, and Jaquith. (DB) |
05/31/2024 |
| Opinion, by PANEL, that on remand from the Federal Circuit, the Court WITHDRAWS its October 19, 2022, EAJA
memorandum decision and issues this decision in its place. For the reasons discussed above, the
May 24, 2022, EAJA application is DENIED. (GREENBERG, TOTH and JAQUITH) (JAQUITH, Judge, dissenting) (GBG) |
06/24/2024 |
| EAJA Judgment (GBG) |
06/27/2024 |
| Appellant's Notice of Appeal to the U.S. Court of Appeals for the Federal Circuit (KMC) |
07/01/2024 |
| Appellant's Notice of Appeal transmitted to U.S. Court of Appeals for the Federal Circuit (GBG) |
07/05/2024 |
| RECEIVED: Notice of Docketing from the U.S. Court of Appeals for the Federal Circuit dated 7/5/24; (24-2044) (TM) |
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