NOTE: This order is nonprecedential. United States Court of Appeals
for the Federal Circuit
DOE NO. 1,
Plaintiff-Respondent
v.
UNITED STATES,
Defendant-Petitioner
2023-116
On Petition for Permission to Appeal pursuant to 28 U.S.C. Section 1292(d)(2) from the United States Court of Federal Claims in No. 1:19-cv-01747-SSS, Judge Stephen S. Schwartz.
ON PETITION
Before LOURIE, PROST, and WALLACH, Circuit Judges.
O R D E R
Pursuant to 28 U.S.C. § 1292(d)(2), the United States petitions for permission to appeal an order of the United States Court of Federal Claims rendering invalid the Office of Personnel Management’s regulation governing2 2 DOE NO. 1 v. US
compensable work time for entry-level training outside of regular working hours. Doe No. 1 opposes.
Upon consideration thereof,
IT IS ORDERED THAT:
The petition is granted. This case is transferred to the regular docket. The United States’ opening brief is due within 60 days of the date of filing of this order.
FOR THE COURT
March 23, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner
Clerk of Court