Kushindana v. Derwinski

ORDER

There are two motions before the Court. The first is appellant’s motion for panel review of this Court’s June 25, 1991, order denying appellant’s motion for summary judgment. In response to a May 9, 1991, order to show cause why a timely response to this Court’s order to file the designation of record had not been filed, the Secretary cited illness of counsel and administrative oversight: the designation was prepared but never filed; instead, it languished for six months in the case file. Appellant sought a sanction in the form of “summary judgment” on the ground that the Secretary had…