DISMISSED WITH PREJUDICE: September 20, 2012
CBCA 1945
AMERICAN COUNSELING ASSOCIATION,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
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.
Hilary S. Cairnie and Dena S. Kessler of Baker & Hostetler, LLP, Washington, DC, counsel for Appellant.
William R. Korth, Office of the General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
VERGILIO, Board Judge.
Order
On March 24, 2010, the Board received from Heritage of America, LLC (contractor) a timely-filed notice of appeal concerning its contract, VA101(049A3)-V-0329, with the Department of Veterans Affairs (agency), under which the contractor provided vocational rehabilitation and employment services. Through a certified claim, the contractor sought payment under various theories. As the assignee under a Chapter 11 bankruptcy proceeding, the American Counseling Association became the party of interest over the claim. After the denial of the agency’s motion to dismiss portions of the appeal, Heritage of America v. Department of Veterans Affairs, CBCA 1945, 12-1 BCA ¶ 34,888 (2011), the parties successfully resolved the dispute. On September 20, 2012, the Board received notice that the parties have resolved the dispute, along with a request that the matter be dismissed with prejudice.
Accordingly, the Board DISMISSES WITH PREJUDICE this appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in American Counseling Association, CBCA 1945. 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.