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United States Court of Appeals for Veterans Claims
Case Number:23-5120 Docketed: 08/28/2023
Termed: 01/04/2024
Eugene A. Dykes v. Denis McDonough
Appeal From: Department of Veteran Affairs
Fee Status: fee paid
Case Type Information:
     1) NOA - Veterans Appeal
     2) -
     3) -

11/21/2023 Open Document PER CURIAM, ORDERED that appellant's Motion for an Expedited Proceeding is granted-in-part. In particular, this appeal is to be treated as expedited under Rule 47 of the Court's Rules of Practice and Procedure. In addition, the Clerk of the Court will schedule a virtual oral argument in early December as the business of the Court permits. It is further ORDERED that the Court's Central Legal Staff schedule a staff conference under Rule 33 of the Court's Rules of Practice and Procedure to be conducted before oral argument in order to address the matters set forth above. And it is further ORDERED that the parties be prepared to discuss the issues set forth above at the oral argument in this matter. (GREENBERG, ALLEN and LAURER) (GBG)
11/21/2023 Open Document 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 Friday, December 8, 2023, at 10:00 a.m. before the panel of Judges Greenberg, Allen, and Laurer. Counsel for the parties are allotted 30 minutes each for presentation of argument. (DB)
11/21/2023 Open Document Notice or other pleading by Appellant submitting Phsician's Statement (DJR)
11/22/2023 Open Document ORDERED that the Court will initiate a Staff Conference in this matter on November 29, 2023, at 1:00 PM, Eastern Standard Time. See U.S. VET. APP. R. 33. The conference will be conducted by Andrew Parler Reynolds, Esq., of the Court's Central Legal Staff. (CMB) (GBG)
11/29/2023 Open Document Appearance of Nicholas R Esterman for Denis McDonough, in case 23-5120 as co-counsel (NRE)
11/29/2023    Conference held. (APR)
11/29/2023 Open Document Motion of Appellee - Joint motion to Terminate and Dismiss the Appeal and Stipulated Agreement (CAP)
12/01/2023 Open Document PER CURIAM: ORDERED that the November 21, 2023, order scheduling oral argument for December 8, 2023, is revoked. It is further ORDERED that the November 29, 2023, JMT entered into pursuant to the parties' stipulated agreement is granted. It is further ORDERED that this appeal is DISMISSED WITH PREJUDICE. And it is further ORDERED, pursuant to Rule 41(c)(2) and (3) of the Court's Rules of Practice and Procedure, that this order is the mandate of the Court. (GREENBERG, ALLEN and LAURER) (SM)
12/01/2023    Mandate (SM)
01/04/2024    Case Closed 23-5120 Mandate (GBG)