Case: 13-7039    Document: 8     Page: 1   Filed: 06/05/2013




          NOTE: This order is nonprecedential.

   United States Court of Appeals
       for the Federal Circuit
                __________________________

            MARISSA B. POLMOUNTER,
                Claimant-Appellant,
                            v.
   Eric K. Shinseki, SECRETARY OF VETERANS
                      AFFAIRS,
                 Respondent-Appellee.
                __________________________

                        2013-7039
                __________________________

   Appeal from the United States Court of Appeals for
Veterans Claims in No. 10-3262, Judge Alan G. Lance, Sr.
              __________________________

                      ON MOTION
                __________________________

                       PER CURIAM.
                       ORDER
    Marissa B. Polmounter moves to stay proceedings in
this appeal pending the outcome of her petition for a writ
of mandamus before the United States Court of Appeals
for Veterans Claims (Veterans Court). The Secretary of
Veterans Affairs (Secretary) moves for leave to file his
opposition out of time.
Case: 13-7039        Document: 8      Page: 2   Filed: 06/05/2013




MARISSA POLMOUNTER      v. SHINSEKI                           2


    It is noted that the Veterans Court has now denied
Polmounter’s petition for extraordinary relief, and there-
fore there is no basis to stay the case.
      Accordingly,
      IT IS ORDERED THAT:
      (1) Polmounter’s motion to stay is denied.
   (2) The Secretary’s motion for leave to file his re-
sponse out of time is granted.
    (3) Polmounter’s brief is due 30 days from the date of
this order.

                                        FOR THE COURT


                                        /s/ Jan Horbaly
                                        Jan Horbaly
                                        Clerk

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