DISMISSED WITH PREJUDICE: June 15, 2010
CBCA 1826
EVERGREEN REMODELING, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
M. Patton Echols, Gresham, OR, 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.
Zoey L. Kohn, Office of the General Counsel, Department of Agriculture, Portland, OR, counsel for Respondent.
KULLBERG, Board Judge.
Order
The Board docketed this appeal on December 10, 2009. On April 6, 2010, the Board received the parties’ request to have this appeal resolved by a binding decision in an alternative dispute resolution (ADR) proceeding. A hearing was held on April 29, 2010. Under the terms of the parties’ ADR agreement, a binding decision was to be issued no later than five working days from the date of the hearing.
On May 3, 2010, the Board was advised that the parties had reached a settlement in this appeal, and they requested that the issuance of a decision be deferred.
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2 CBCA 1826
On June 4, 2010, appellant requested that the Board dismiss this appeal with prejudice.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Evergreen Remodeling, Inc., CBCA 1826. 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.