H&M International Transportation, Inc., Petitioner v. National Labor Relations Board, Respondent

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United States Court of Appeals, District of Columbia Circuit.

H&M International Transportation, Inc., Petitioner v. National Labor Relations Board, Respondent

No. 16-1102

Decided: August 29, 2016

BEFORE: Tatel and Srinivasan, Circuit Judges; Ginsburg, Senior Circuit Judge

ORDER

Upon consideration of this court's order to show cause filed May 18, 2016, and the response thereto, it is

ORDERED that the order to show cause be discharged. It is

FURTHER ORDERED that the petition for review be dismissed. A party may not simultaneously seek agency rehearing and judicial review of the same agency order. See Bellsouth v. FCC, 17 F.3d 1487, 1489-90 (D.C. Cir. 1994); Tennessee Gas Pipeline v. FERC, 9 F.3d 980, 980 (D.C. Cir. 1993). A petition for review filed while a request for agency rehearing is pending is “incurably premature, and in effect a nullity.” Gorman v. NTSB, 558 F.3d 580, 586 (D.C. Cir. 2009) (internal quotation omitted). See also Clifton Power Corp. v. FERC, 294 F.3d 108, 110 (D.C. Cir. 2002) (holding that, if a party seeks agency reconsideration and court review at the same time, the party's petition for review “is not only premature but incurably so.” (emphasis added)).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.

FOR THE COURT:

Mark J. Langer, Clerk

BY:

Robert J. Cavello Deputy Clerk

Per Curiam