United States DC Circuit

In a suit alleging gender, age, and national origin discrimination, unlawful retaliation, and violations of the FMLA and CSRA, summary judgment for defendants is reversed as: 1) 5 U.S.C. section 7702(e)(1) provided subject matter jurisdiction over the entirety of plaintiff's "mixed case" under the CSRA when the Merit System Protection Board failed to issue a final decision within 120 days; and 2) summary judgment was premature in view of her request for discovery under Rule 56(f), Fed. R. Civ. P.

Appellate Information

• Argued 12/07/2007
• Decided 02/29/2008
• Published 02/29/2008

Judges

• Before:  GINSBURG , ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael D. Kohn, argued the cause for appellant.   With him on the briefs was David K. Colapinto.  Stephen M. Kohn entered an appearance.


• For Appellees:
  
• Jane M. Lyons, Assistant U.S. Attorney, argued the cause for appellees.   With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.  Michael J. Ryan and Wyneva Johnson, Assistant U.S. Attorneys, entered appearances.