Bryan Joseph Bernstein v. Merit Systems Protection Board

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
BRYAN JOSEPH BERNSTEIN,
Petitioner
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent
______________________
2026-1036
______________________
Petition for review of the Merit Systems Protection
Board in No. CH-0831-25-1194-I-1.
______________________
ON MOTION
______________________
Before TARANTO , H UGHES , and STOLL, Circuit Judges.
PER C URIAM.
O R D E R
The Merit Systems Protection Board moves to waive
the requirements of Federal Circuit Rule 27(f) and to re-
mand this case for the administrative judge to reconsider
dismissal of Bryan Joseph Bernstein’s appeal. Mr. Bern-
stein opposes the motion.
Case: 26-1036 Document: 26 Page: 1 Filed: 05/26/2026

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BERNSTEIN v. MSPB 2
It is within this court’s discretion to remand to allow
the agency to reconsider its previous position. See SKF
USA Inc. v. United States, 254 F.3d 1022, 1029 (Fed. Cir.
2001). Without drawing any conclusions regarding the
merits of the parties’ arguments, the court agrees that re-
mand here could preserve party and judicial resources.
Accordingly,
IT IS O RDERED THAT:
(1) The motion is granted to the extent that the case is
remanded to the Board to consider its decision consistent
with the motion and this order. The court expects that the
Board will soon address the matter on remand.
(2) Each side shall bear its own costs.
May 26, 2026
Date
FOR THE C OURT
Case: 26-1036 Document: 26 Page: 2 Filed: 05/26/2026

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