CBCA 1446

Rigoberto Chavez

May 28, 2009Judge McCannGENERAL SERVICES ADMINISTRATION
Not published in the listingDismissed on other grounds

Key Facts

Appellant
Rigoberto Chavez
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
McCann
Case number
CBCA 1446
Decided
May 28, 2009The decision states May 28, 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
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Dismissed on other grounds
Since the Board is unable to contact Mr. Chavez, and since Mr. Chavez has failed to respond to the Board's order to show cause why this case should not be dismissed, this case is hereby DISMISSED FOR FAILURE TO PROSECUTE.
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

Procedure and sanctions

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 (pro se)
Rigoberto Chavez
San Gabriel, CA
For the respondent
Melissa J. McWilliams and Jerry Ann Foster
Office of Regional Counsel, General Services Administration
Fort Worth, TX
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 decision2 pages, 1,816 characters, read from the Board's own documentDecided May 28, 2009 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED FOR FAILURE TO PROSECUTE: May 28, 2009

CBCA 1446

RIGOBERTO CHAVEZ,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Rigoberto Chavez, pro se, San Gabriel, CA.

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.

Melissa J. McWilliams and Jerry Ann Foster, Office of Regional Counsel, General Services Administration, Fort Worth, TX, counsel for Respondent.

Before Board Judges BORWICK, GOODMAN, and McCANN.

McCANN, Board Judge.

Mr. Chavez was the successful bidder on a number of vehicles owned by the General Services Administration. He submitted a claim to the contracting officer alleging that all the vehicles were misdescribed. The contracting officer agreed, and refunded to Mr. Chavez the entire $6293 that he paid for the vehicles. Mr. Chavez appealed the decision. In his notice of appeal Mr. Chavez indicated, “What I merely want is that the GSA Greater Southwest Region respect the contracts and actually provide what is specified in them.” Mr. Chavez has not responded to the motion to dismiss filed by respondent on January 9, 2009. The Board has been unable to reach Mr. Chavez by telephone. The phone number that had been provided to the Board is no longer in service. By order dated __________________________________

_________________________________ ___________________________________

2 CBCA 1446

February 20, 2009, Mr. Chavez was directed to show cause by March 13, 2009, why this case should not be dismissed for failure to prosecute. He failed to do so and has not contacted the Board since that date.

Since the Board is unable to contact Mr. Chavez, and since Mr. Chavez has failed to respond to the Board’s order to show cause why this case should not be dismissed, this case is hereby DISMISSED FOR FAILURE TO PROSECUTE.

R. ANTHONY McCANN

Board Judge

We concur:

ANTHONY S. BORWICK

Board Judge

ALLAN H. GOODMAN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Rigoberto Chavez, CBCA 1446. 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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