DISMISSED WITH PREJUDICE: May 12, 2009
CBCA 1372
SINGLETON ENTERPRISES,
Appellant,
v.
DEPARTMENT OF THE INTERIOR,
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.
Wayne Singleton, Owner of Singleton Enterprises, Luthersville, GA, appearing for Appellant.
Harriet M. Deal, Office of the Regional Solicitor, Department of the Interior, Atlanta, GA, counsel for Respondent.
POLLACK, Board Judge.
Order
Appellant, Singleton Enterprises, submitted a claim involving installation of shutters at the Cameron Prairie National Wildlife Refuge. On July 16, 2008, the Fish and Wildlife Service issued a contracting officer’s decision allowing in part and denying in part the claim. Partial payment was thereafter made. Appellant appealed the denied portion of the decision. Thereafter, the parties engaged in settlement discussions.
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2 CBCA 1372
Under cover of May 6, 2009, the parties filed with the Board a Joint Motion for Entry of Settlement Agreement and Judgment, and Appellant’s Motion for Dismissal with Prejudice. The parties request that the Board issue an order entering the settlement agreement on the record and incorporating the agreement into the Board order, granting a consent judgment to appellant for $6171.39 (said sum to be subject to additional interest under the Contract Disputes Act, 41 U.S.C. §§ 601-613 (2006) depending upon payment dates, as set out in settlement agreement). The parties attached to the joint motion a Release and Settlement Agreement, signed by the parties on May 4 and 5, 2009, respectively. That Release and Settlement Agreement is incorporated by reference into this dismissal order. Therein, the Government agrees to pay appellant $6171.39 in settlement of the claim, and in return for the payment, appellant agrees to a dismissal with prejudice from the Board. In accordance with the parties having agreed to settle as set forth in the incorporated Release and Settlement Agreement, the appeal is DISMISSED WITH PREJUDICE.
HOWARD A. POLLACK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Singleton Enterprises, CBCA 1372. 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.