Toyoma v. Leavitt ( 2010 )

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit STEPHANIE S.K.C. TOYAM.A, Petition.er, V. MICHAEL O. LEAVITT, SECRETARY OF HEALTH AND HUMAN SERVICES, Responden,t. 2010-3038 Petition for review of the Merit Systems Protection B0ard in case n0. SE0752030358-M-1. ON MOTION Before LOURIE, Circuit Judge. 0 R D E R _ Stephanie S.K.C. Toyama moves for leave to file a supplemental appendix and for the court to take judicial notice of the Of|ice of Personnel Management’s Position C1assification Standard for Public Health Prog'ram Spe- cia1ist positions included in her supplemental appendix The Secretary of Health and Human Services opposes and TOYAMA V. LEAVITT 2 moves to strike portions of Toyama’s supplemental ap- pendix and briefs that refer to the position classification standard as well as three documents filed in Toyama’s prior federal district court case against the Secretary. Toyama replies and opposes the Secretary’s motion to strike. Separately, Toyan1a moves to strike a copy of a Centers for Disease Control and Prevention vacancy announcement The Secretary opposes. Upon consideration thereof, IT ls ORDERED THAT: (1) The motion for leave to file a supplemental ap- pendix is granted The remaining motions are deferred for consideration by the merits panel that is assigned to hear this case. (2) Copies of this order and the parties motions pa- pers shall be transmitted to the merits panel assigned to hear this case. FoR THE CoURT AUG 1 7 2010 /sf J an Horbaly Date J an Horbaly Clerk cc: Stephanie S.K.C. Toyama, Esq. Eric Bruskin, ESq. s20 000 1-7 2010 JANHORBAL¥ 0|.El\K PEALS FOR