CBCA 1305

Libbey Physical Medicine Center and Hot Springs Health Spa

Sep 9, 2009Judge WaltersDEPARTMENT OF THE INTERIOR
Not published in the listingRuled on a motion

Key Facts

Appellant
Libbey Physical Medicine Center and Hot Springs Health Spa
Respondent agency
DEPARTMENT OF THE INTERIOR
Judge
Walters
Case number
CBCA 1305
Decided
Sep 9, 2009The decision states Sep 9, 2009 on its own face, which agrees with the listing.
Decision type
Not published in the listingThe Board's year tables for 2007 through 2014 carry no Type column, so no disposition was published for this decision. It is not missing data and nothing is inferred from the document.
Law firm for the appellant
Banks Law Firm, PLLC
Outcome
Ruled on a motion
Accordingly, the joint motion to vacate is DENIED.
Read from the shouted disposition line the Board prints above this decision's own date, and quoted from its operative sentence above. No model is involved.

Topics

Jurisdiction and timeliness

Topics are derived from each decision's own text by keyword rules, not a classification by the Board. A decision matching several topics carries all of them, so topic counts sum above the number of decisions.

Appearances

For the appellant
Charles A. Banks and Robert W. Francis
Banks Law Firm, PLLC
Little Rock, AR
For the respondent
Charles B. Wallace
Office of the Solicitor, Department of the Interior
Washington, DC
Decision PDF (cbca.gov) Civilian Board of Contract Appeals, Contract Disputes Act casesThe Board's year listing this row was read fromThe decision document is hosted by the Board itself, so it is an official copy, and the Board's own Contract Disputes Act case listing is the citable source. The topics, the disposition and the appearances above are read deterministically from the decision's own words; no model is involved.

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Full Decision

Full text of the decision3 pages, 3,746 characters, read from the Board's own documentDecided Sep 9, 2009 on its own faceRespondent DEPARTMENT OF THE INTERIOR Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

2 authorities read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

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Cases cited

5 cases this decision cites, grouped by the forum that decided each, in the order it first names them. 2 of them open at a publisher; the rest are shown without a link because no published copy of them was confirmed.

Supreme Court2
Bancorp Mortgage Co. v. Bonner Mall Partnership513 U.S. 18(1994)United States v. Munsingwear, Inc.340 U.S. 36(1950)
Federal Circuit1
Federal Data Corp. v. SMS Data Products Group, Inc.819 F.2d 277(Fed. Cir. 1987)
Other courts of appeals1
Nestle Co. v. Chester’s Market, Inc.756 F.2d 280(2d Cir. 1985)

Read from the decision's own words with no model involved: the party names and the citation are as the decision prints them. A case cited to a reporter is not held here, so where it opens was confirmed one citation at a time against an outside database and is labelled as leaving this app; a citation that database could not place, or matched to more than one case, is shown without a link rather than guessed at. A case named without a citation of any kind carries nothing to read, so it is left out rather than guessed at, and this is a floor on what the decision cites.

JOINT MOTION TO VACATE DENIED: September 9, 2009

CBCA 1305

LIBBEY PHYSICAL MEDICINE CENTER AND HOT

SPRINGS HEALTH SPA,

Appellant,

v.

DEPARTMENT OF THE INTERIOR,

Respondent.

Charles A. Banks and Robert W. Francis of Banks Law Firm, PLLC, Little Rock,

AR, counsel for Appellant.

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.

Charles B. Wallace, Office of the Solicitor, Department of the Interior, Washington, DC, counsel for Respondent.

Before Board Judges VERGILIO, DRUMMOND, and WALTERS.

WALTERS, Board Judge.

Appellant, Libbey Physical Medicine Center and Hot Springs Health Spa (Libbey), and respondent, the Department of the Interior (DOI), jointly have moved to vacate an earlier Board ruling and to dismiss the appeal with prejudice. The joint motion is accompanied by a stipulation for conditional compromise settlement and release, which expressly conditions settlement and the requested dismissal on this Board’s vacating its February 26, 2009, ruling, which denied DOI’s motion to dismiss the appeal for lack of subject matter jurisdiction under the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (2006) (CDA). The Board denies the present joint motion to vacate.

2 CBCA 1305

Discussion

The background relating to the instant appeal is fully set out in our earlier decision on DOI’s motion to dismiss. Libbey Physical Medicine Center and Hot Springs Health Spa v. Department of the Interior, CBCA 1305, 09-1 BCA ¶ 34,080.

In their joint motion, the parties predicate their request for dismissal on the Board’s vacatur of its decision on jurisdiction. Because the earlier ruling, an interlocutory decision, is not immediately appealable to the Federal Circuit, they argue, they will be forced first to litigate the instant appeal, unless the Board accedes to their request to vacate the decision. They rely heavily on a 1987 decision of the Court of Appeals for the Federal Circuit, Federal Data Corp. v. SMS Data Products Group, Inc., 819 F.2d 277 (Fed. Cir. 1987) – and on an even earlier decision of the Court of Appeals for the Second Circuit, Nestle Co. v. Chester’s Market, Inc., 756 F.2d 280 (2d Cir. 1985). These two decisions pre-date the Supreme Court’s decision in U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18 (1994), and were based on language in a 1950 Supreme Court decision, United States v. Munsingwear, Inc., 340 U.S. 36 (1950).

The Supreme Court, in Bancorp, addressed how and when vacatur is to be used and underscored the fundamental value of judicial precedent to our system of law, even where a matter has been settled after the decision is issued: Judicial precedents are presumptively correct and valuable to the legal community as a whole. They are not merely the property of private litigants and should stand unless a court concludes that the public interest would be served by a vacatur.

Bancorp, 513 U.S. at 26. The Court explained that, barring “exceptional circumstances,” vacatur should only apply to cases involving mootness that has been brought about by “happenstance,” i.e., mootness resulting from “circumstances unattributable to any of the parties,” rather than mootness that is the result of the parties’ decision to settle and thereby forego their rights of appeal. Id. at 25, 29.

The parties have not demonstrated the existence of “exceptional circumstances” that would justify vacatur. The parties have opted to include vacatur as a precondition of their settlement; equities do not here favor vacatur. See Reidell v. United States, 47 Fed. Cl. 209, 212 (2000).

_______________________________

_______________________________ ______________________________

3 CBCA 1305

Decision

Accordingly, the joint motion to vacate is DENIED. RICHARD C. WALTERS

Board Judge

We concur:

JOSEPH A. VERGILIO

Board Judge

JEROME M. DRUMMOND

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Libbey Physical Medicine Center and Hot Springs Health Spa, CBCA 1305. 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.

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