1. When a civil servant changes a claim to a 'mixed
case' during the District Court's non-hearing
proceedings and she files to remand based on
non-jurisdiction, does the U.S. Federal Court of
Appeals for the Ninth Circuit have jurisdiction to
affirm and adjudicate by Summary Judgment
the Title VII claim without remedy for the nondiscrimination claim that departs from the accepted course of judicial proceedings as sanctioned
by the U.S. Court of Appeals, Federal Circuit, in
Kerr v. Merit Systems Protection Board, 20172538, November 15, 2018?

2. When the U.S. Federal Court of Appeals for the
Ninth Circuit rules by Summary Judgment solely
on the Title VII discrimination claim on a civil
servant's filed mixed-case claim and the Appeals
Court does not provide a remedy to administratively exhaust the mixed case as a whole, does this
ruling conflict with the U.S. Supreme Court of the
United States opinion regarding the civil servant's
rights to file or appeal a mixed case to the Merit
Service Protection Board (MSPB) (Perry v. Merit
Systems Protection Board, 16-399, June 23, 2017)?

When a civil servant changes a claim to a 'mixed case' during the District Court's non-hearing proceedings and she files to remand based on non-jurisdiction, does the U.S. Federal Court of Appeals for the Ninth Circuit have jurisdiction to affirm and adjudicate by Summary Judgment the Title VII claim without remedy for the nondiscrimination claim that departs from the accepted course of judicial proceedings as sanctioned by the U.S. Court of Appeals, Federal Circuit, in Kerr v. Merit Systems Protection Board, 20172538, November 15, 2018?