CBCA 1462

Brittashan Enterprises Corporation

Apr 6, 2017Judge ZischkauDEPARTMENT OF STATE
DecisionDismissed on other grounds

Key Facts

Appellant
Brittashan Enterprises Corporation
Respondent agency
DEPARTMENT OF STATE
Judge
Zischkau
Case number
CBCA 1462
Decided
Apr 6, 2017The decision states Apr 6, 2017 on its own face, which agrees with the listing.
Decision type
Decision
Law firm for the appellant
Carmardo Law Firm, P.C.
Outcome
Dismissed on other grounds
Accordingly, the appeal is 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

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Appearances

For the appellant
Kevin M. Cox
Carmardo Law Firm, P.C.
Auburn, NY
For the respondent
Thomas D. Dinackus
Office of the Legal Adviser, Buildings and Acquisitions, Department of State
Rosslyn, VA
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, 3,078 characters, read from the Board's own documentDecided Apr 6, 2017 on its own faceRespondent DEPARTMENT OF STATE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Agency FAR supplements1

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Cases cited

1 case this decision cites, in the order it first names it. No published copy of any of them was confirmed, so each is shown without a link.

Kadin Corp. v. United States782 F.2d 175(Fed. Cir. 1986)

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DISMISSED FOR FAILURE TO PROSECUTE: April 6, 2017

CBCA 1462

BRITTASHAN ENTERPRISES CORPORATION,

Appellant,

v.

DEPARTMENT OF STATE,

Respondent.

Kevin M. Cox of Carmardo Law Firm, P.C., Auburn, NY, 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.

Thomas D. Dinackus, Office of the Legal Adviser, Buildings and Acquisitions, Department of State, Rosslyn, VA, counsel for Respondent.

Before Board Judges DRUMMOND, ZISCHKAU, and CHADWICK.

ZISCHKAU, Board Judge.

This appeal is before us on an order to show cause why it should not be dismissed with prejudice for appellant’s failure to prosecute. For the reasons set forth below, appellant has failed to prosecute the appeal, requiring us to dismiss the appeal with prejudice. During the past twelve months, appellant’s counsel has been unable to obtain cooperation from the corporate representative of Brittashan Enterprises Corporation, despite diligent efforts by counsel. The original corporate representative, at the time the appeal was filed, is deceased. In a number of status conference orders, the Board warned appellant that if Brittashan’s successor corporate representative continued to fail to respond to appellant’s counsel, the Board would have to issue a show cause order as to why the appeal should not be dismissed for failure to prosecute. Appellant’s counsel delivered copies of the Board’s orders to Brittashan’s corporate representative.

On November 22, 2016, the Board held a status conference with counsel for the parties. Appellant’s counsel reported that despite his repeated efforts over a lengthy period of time, he had been unable to find any corporate representative of Brittashan who was willing to prosecute the appeal. On that same day, the Board issued an order to show cause why this appeal should not be dismissed for the failure of appellant to prosecute. The Board provided appellant until January 25, 2017, to respond to the order to show cause, and the order stated that if appellant did not provide an adequate response to the show cause order, the Board would dismiss the appeal with prejudice. On or about December 9, 2016, the corporate representative of Brittashan was served with the Board’s show cause order of November 22, 2016. Brittashan’s corporate representative has never responded to the Board’s show cause order.

Under Board Rule 33(c) (48 CFR 6101.33(c) (2016)), the Board has the authority to dismiss a case for failure to prosecute where a party has repeatedly failed to comply with the Board’s orders. Elite Quality Services, LLC v. Department of Commerce, CBCA 5050, 16-1 BCA ¶ 36,269; Medtek, Inc. v. Department of Veteran Affairs, CBCA 1544, 09-2 BCA ¶ 34,285; see Kadin Corp. v. United States, 782 F.2d 175, 176 (Fed. Cir. 1986). This is such a situation. Brittashan’s corporate representative has repeatedly refused to prosecute the appeal.

Decision

Accordingly, the appeal is DISMISSED FOR FAILURE TO PROSECUTE. ________________________________ JONATHAN D. ZISCHKAU

Board Judge

We concur:

JEROME M. DRUMMOND

Board Judge

KYLE CHADWICK

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Brittashan Enterprises Corporation, CBCA 1462. 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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