62149

Eijad Shaher Construction Material Company

April 7, 2021Judge Osterhout
DismissedFailure to Prosecute / Dismissal

Eijad Shaher Construction Material Company appealed a dismissal order from the ASBCA due to failure to comply with discovery requests. The Board dismissed the appeal with prejudice for lack of prosecution.

Material Facts

  • The Board first ordered appellant to respond to the government’s discovery request on October 7, 2020.
  • Appellant stated that it had already provided all discovery to the government.
  • The Board issued an Order on November 19, 2020, informing appellant that it did not fully comply previously.
  • The Board warned that failing to comply could lead to dismissal for failure to prosecute the appeal.
  • Appellant did not respond to the Board's orders.
  • The government filed a motion requesting the Board dismiss the appeal with prejudice.
  • The Board allowed appellant until March 30, 2021, to respond, but appellant has not responded.

Parties

Appellant
Eijad Shaher Construction Material Company
Respondent Agency
Army
Contract Number
W91B4N-18-P-8050
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