| 11/21/2023 |
| 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 |
| 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 |
| Notice or other pleading by Appellant submitting Phsician's Statement (DJR) |
| 11/22/2023 |
| 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 |
| 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 |
| Motion of Appellee - Joint motion to Terminate and Dismiss the Appeal and Stipulated Agreement (CAP) |
| 12/01/2023 |
| 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) |
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