DISMISSED FOR FAILURE TO PROSECUTE: June 10, 2010
CBCA 1756
ROBERT STANLEY ASSOCIATES,
Appellant,
v.
DEPARTMENT OF JUSTICE,
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.
Robert Stanley, Owner of Robert Stanley Associates, Santa Monica, CA, appearing for Appellant.
Barry C. Hansen and Gordon R. Jamison, Office of General Counsel, Department of Justice, Washington, DC, counsel for Respondent.
Before Board Judges BORWICK, VERGILIO, and DRUMMOND.
DRUMMOND, Board Judge.
Appellant, Robert Stanley Associates, filed this appeal on October 15, 2009, from the decision of a contracting officer of the Justice Department. By scheduling order dated October 21, 2009, the Board directed appellant to file a complaint by November 19, 2009. Appellant failed to file its complaint as ordered.
2 CBCA 1756
On December 2, 2009, the Board ordered appellant to show cause by December 15, 2009, why the appeal should not be dismissed for failure to prosecute. On December 22, 2009, the Board granted appellant’s request for an enlargement of time to file its complaint by March 15, 2010. Appellant failed to meet the March 15, 2010, deadline. Appellant subsequently advised the Board that it intended to seek an additional enlargement of time to file a complaint. Appellant has not filed a complaint, nor has it filed a request for an enlargement of time to file its complaint.
On April 19, 2010, the Board issued a second order to show cause. The order required appellant to show cause by May 10, 2010, why the appeal should not be dismissed for failure to prosecute. The order was sent by certified mail to appellant’s address. Despite two notices left by the post office, the certified mail was returned to the Board unopened and marked unclaimed. Appellant has disregarded the Board’s orders by failing to file a complaint.
In accordance with Board Rule 12 (48 CFR 6101.12 (2009)), the appeal is DISMISSED FOR FAILURE TO PROSECUTE.
JEROME M. DRUMMOND
Board Judge
We concur:
ANTHONY S. BORWICK
Board Judge
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Robert Stanley Associates, CBCA 1756. 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.