DISMISSED WITHOUT PREJUDICE: March 5, 2009
CBCA 1132, 1133, 1134, 1320
MAKE A DIFFERENCE HOME SERVICES, INC.,
Appellant,
v.
DEPARTMENT OF VETERAN AFFAIRS,
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.
James C. Williams, President of Make a Difference Homes Services, Inc., Sanford, FL, appearing for Appellant.
Cheryl Griffith, Office of Regional Counsel, Department of Veterans Affairs, St. Petersburg, FL, counsel for Respondent.
POLLACK, Board Judge.
Order
The Board has been advised by Mr. John Williams, acting on behalf of his brother, James C. Williams, pursuant to a general power of attorney, that the later, the President and owner of Make a Difference Home Services, Inc., is unable to proceed with an effective prosecution of the appeals at this time and there is no certain time, in the near future, when the impediment to his proceeding will be removed. Because the current circumstances prevent appellant and Board from proceeding with processing the appeal, the Board will not dismiss the appeals for failure to prosecute. Rather, for purposes of docket control and in ________________________________ lieu of suspending proceedings, these matters are DISMISSED WITHOUT PREJUDICE, subject to reinstatement within three years from the date of the Board dismissal. The Board does not treat this as a voluntary dismissal such as the one involved in Bonneville Associates, Ltd. Partnership v. Barram, 165 F.3d 1360 (Fed. Cir.).
2CBCA 1132, 1133, 1134, 1320
HOWARD A. POLLACK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Make a Difference Home Services, Inc., CBCA 1132, 1133, 1134, 1320. 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.