One of the three cases scheduled to be argued last week at the Federal Circuit that attracted amicus briefs was a death benefit case entitled Rolfingsmeyer v. Office of Personnel Management. Normally at this point we would provide a recap of the oral argument, but last week the Federal Circuit released a nonprecedential order “remov[ing] this case from the March 5, 2021 oral argument calendar and [holding] the case in abeyance for 60 days.” Here is the full text of the court’s order.
The Office of Personnel Management moves unopposed for the court to remove this case from the March 5, 2021 oral argument calendar and to hold the case in abeyance for 60 days.
Upon consideration thereof, IT IS ORDERED THAT:
(1) The motion is granted. The case is removed from the calendar and stayed.
(2) The parties are directed to file a status report in 60 days if a motion to dismiss is not filed within that time. The status report must identify whether the parties are requesting a new hearing date.