5 U.S.C. § 7702(e)(1)(B) states that an employee may file a civil action in district court 120 days after filing an appeal with the Merit Systems Protection Board (MSPB or Board) with no judicially reviewable action that involves a claim under federal anti-discrimination laws.

In Perry v. Merit Systems Protection Board, 137 S. Ct. 1975 (2017), this Court held that judicial review of MSPB "mixed cases " that involves a claim under federal anti-discrimination laws and are dismissed by the Board for lack of jurisdiction is in district court. Prior to Perry, judicial review of the jurisdictional claim and discrimination claim(s) of "mixed cases " were bifurcated between the U.S. Court of Appeals for the Federal Circuit and in district court, respectively.

The questions presented are as follows:

1. Whether the 120 day time bar of 5 U.S.C. § 7702(e)(1)(B) is nonjurisdictional.

2. After Perry, whether the district court can consider a Fed. R. Civ. P. 60(b) motion for relief from judgment on the jurisdictional claim of a MSPB "mixed case " that was ruled on by the Federal Circuit.

Whether the 120 day time bar of 5 U.S.C. § 7702(e)(1)(B) is nonjurisdictional