CBCA 1771

California State Teachers' Retirement System

Jul 29, 2010Judge PollackGENERAL SERVICES ADMINISTRATION
Not published in the listingDismissed for lack of jurisdiction

Key Facts

Appellant
California State Teachers' Retirement System
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Pollack
Case number
CBCA 1771
Decided
Jul 29, 2010The decision states Jul 29, 2010 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
Holland & Knight LLP
Outcome
Dismissed for lack of jurisdiction
Accordingly, the appeal in CBCA 1771 is DISMISSED.
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

Jurisdiction and timeliness

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
Robert C. MacKichan, Jr. and William M. Pannier
Holland & Knight LLP
Washington, DC
For the respondent
Leonard E. Lucas III
Office of General Counsel, General Services Administration
Washington, DC
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, 1,878 characters, read from the Board's own documentDecided Jul 29, 2010 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED: July 29, 2010

CBCA 1771

CALIFORNIA STATE TEACHERS’ RETIREMENT SYSTEM,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

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 C. MacKichan, Jr. and William M. Pannier of Holland & Knight LLP, Washington, DC, counsel for Appellant.

Leonard E. Lucas III, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.

POLLACK, Board Judge.

Order

On October 27, 2009, the Board docketed CBCA 1771, an appeal by the California State Teachers’ Retirement System (CalSTRS) regarding a dispute over lease no. GS-11B 01944 with the General Services Administration (GSA) for space occupied by the Drug Enforcement Administration. Soon after filing the appeal, the parties filed several motions dealing with substitution of party and adequacy of the submission of the claim, absence of a final contracting officer’s (CO’s) decision, and lack of certification as to amount. In a conference call with the Board in December 2009, the parties agreed to hold the motions in abeyance and instead have appellant provide a new claim letter, have the CO address that letter, and if the claim was denied, proceed with a prompt appeal. The expectation was that once that new appeal was in place, the parties would agree to dismiss the initial appeal on the basis of lack of jurisdiction. The parties proceeded as agreed and on June 3, 2010, CSHV Lincoln Place, LLC, the assignee of the CalSTRS lease, timely appealed a ______________________________

2 CBCA 1771

contracting officer’s decision denying appellant’s claim. That was docketed as CBCA 2030. Subsequently, by separate letters each party has stated it has no objection to dismissal of the initially filed case. The complaint and earlier filings in CBCA 1771 are incorporated into the record in the new appeal.

Accordingly, the appeal in CBCA 1771 is DISMISSED.

HOWARD A. POLLACK

Board Judge

This is a verbatim capture of the text layer of the Board's own document in California State Teachers' Retirement System, CBCA 1771. 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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