DISMISSED WITH PREJUDICE: April 29, 2008
CBCA 1078
GHR FIRE MANAGEMENT SERVICES,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Nelda Herman, CEO of GHR Fire Management Services, Klamath Falls, OR, appearing for Appellant.
Marnie G. Ganotis, Office of the General Counsel, Department of Agriculture, San Francisco, CA , counsel for Respondent.
GOODMAN, Board Judge.
Order
This appeal was filed on February 12, 2008. On April 10, 2008, a Board Judge serving as Board neutral conducted an alternative dispute resolution proceeding pursuant to Board Rule 54 during which the parties reached a settlement. On April 16, 2008, the parties executed a settlement agreement, and on April 25, 2008, they filed a joint motion to dismiss the appeal with prejudice. __________________________________
The parties’ joint motion for dismissal with prejudice refers to a settlement evidenced by an attached settlement agreement which states in part: “Should any judicial action be required to enforce or interpret this agreement, or to resolve any dispute hereunder,
2 CBCA 1078
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
ALLAN H. GOODMAN
Board Judge
the Parties acknowledge the jurisdiction and venue for the action shall lie solely with the CBCA.” The Board makes no determination as to whether the parties’ suggestion of the scope of the Board’s jurisdiction is correct.
This is a verbatim capture of the text layer of the Board's own document in GHR Fire Management Services, CBCA 1078. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.