DISMISSED WITH PREJUDICE: January 19, 2010
CBCA 1480, 1551
RAY DRAKE,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Mark Borden of Law Offices of Mark Borden, Sonora, CA, 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.
Ritu Ahuja, Office of the General Counsel, Department of Agriculture, San Francisco, CA, counsel for Respondent.
DANIELS, Board Judge (Chairman).
Order
The Forest Service, a bureau of the Department of Agriculture, entered into a contract with Ray Drake to complete the Bourland HT timber sale in the Stanislaus National Forest, California. Mr. Drake filed two appeals of contracting officer decisions relating to this contract; one involved a government claim against the contractor, and the other involved contractor claims against the Government.
At the parties’ request, the Board scheduled a session to mediate these disputes. Before the session could be convened, however, the parties settled the disputes without assistance from a neutral third party. They have filed a joint motion asking the Board to dismiss the appeals with prejudice.
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2 CBCA 1480, 1551
The motion is granted. These appeals are DISMISSED WITH PREJUDICE.
STEPHEN M. DANIELS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Ray Drake, CBCA 1480, 1551. 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.