60987

Phoenix Hawk Construction Company

December 10, 2020Judge McIlmail
DismissedFailure to Prosecute / Dismissal

Phoenix Hawk Construction Company appealed a dismissal by the Board for failure to prosecute. The Board dismissed the appeal with prejudice due to the appellant's lack of response to orders.

Material Facts

  • The government filed a notice of its affirmative defenses on June 4, 2020.
  • The appeal was claimed to be untimely under 41 U.S.C. § 7104(a).
  • The Board ordered the appellant to respond to the government's suggestion of no jurisdiction by June 26, 2020.
  • The appellant never filed any response to the Board's orders.
  • The government requested dismissal for failure to prosecute on July 27, 2020.
  • The Board ordered the appellant to respond to the government's motions by August 7, 2020, which was also ignored.

Parties

Appellant
Phoenix Hawk Construction Company
Respondent Agency
Army
Contract Number
W56JSL-12-P-2162
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