Opinion
No. 08-5491.
Filed On: April 2, 2009.
BEFORE: Henderson, Brown, and Griffith, Circuit Judges.
ORDER
Upon consideration of the motion to withdraw the motion for summary affirmance and remand the case, the opposition thereto, and the reply; the motion for leave to file a new opposition and a new motion for summary reversal; the motion for summary reversal, the opposition thereto, and the reply; the motion for leave to amend the statement of issues; and the Rule 28(j) letter submitted by the Secretary of State, it is
ORDERED that the motions for leave to amend the statement of issues and file a new opposition and a new motion for summary reversal be granted. It is
FURTHER ORDERED that the motion for summary reversal be denied, and the motion to withdraw the motion for summary affirmance and remand the case to the district court be granted. The passage of the Lilly Ledbetter Fair Pay Act of 2009, Pub.L. No. 111-2 § 181, 123 Stat. 5 (2009), is an intervening change in the law altering the basis of the district court decision at issue on appeal. See Tinker Nat. Bank v. Union Sav. Bank of Long Island, 400 F.2d 771, 772 (D.C. Cir. 1968).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.