Stan Laber v. Merit Systems Protection Board

ORDER

NIES, Chief Judge.

Stan Laber moves to dismiss his petition for review on the ground that the parties have settled. Laber further requests that we dismiss without prejudice to reinstatement in the event the government violates the settlement agreement.

When parties settle while a case is on appeal, the proper course is not to dismiss. It is to vacate the trial tribunal’s decision and to remand to the trial tribunal with instructions to dismiss. Smith Int'l, Inc. v. Hughes Tool Co., 839 F.2d 663 (Fed.Cir.1988); Gibraltar Indus., Inc. v. United States, 726 F.2d 747 (Fed.Cir.1984).…