CBCA 2025

Ceres Caribe, Inc.

Jul 28, 2011Judge PollackDEPARTMENT OF AGRICULTURE
Not published in the listingWithdrawn

Key Facts

Appellant
Ceres Caribe, Inc.
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
Pollack
Case number
CBCA 2025
Decided
Jul 28, 2011The decision states Jul 28, 2011 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
Smith, Currie & Hancock, LLP
Outcome
Withdrawn
Accordingly, CBCA 2025 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

The topic rules ran over this decision's own words and none of them matched.

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
Karl Dix, Jr.
Smith, Currie & Hancock, LLP
Atlanta, GA
For the respondent
Mark R. Simpson
Office of the General Counsel, Department of Agriculture
Atlanta, GA
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, 1,588 characters, read from the Board's own documentDecided Jul 28, 2011 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED: July 28, 2011

CBCA 2025

CERES CARIBE, INC.,

Appellant,

v.

DEPARTMENT OF AGRICULTURE

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.

Karl Dix, Jr. of Smith, Currie & Hancock, LLP, Atlanta, GA, counsel for Appellant. Mark R. Simpson, Office of the General Counsel, Department of Agriculture, Atlanta, GA, counsel for Respondent.

POLLACK, Board Judge.

Order

This appeal was from a final decision dated March 12, 2010, wherein the contracting officer (CO) addressed matters contained in a proposal from Ceres Caribe (Caribe). Soon after, it became apparent that the final decision was defective in that it was not in response to a formal claim submitted by Caribe. Appellant filed a motion to dismiss, challenging the Board’s jurisdiction; noting that it was forced to file its appeal as a protective measure; and asserting that while it had claims under the contract, the claims had not been submitted to the CO. After discussion, both parties agreed that appellant would present its claim to the CO and the CO would issue a new final decision on that claim. Once that was accomplished, the instant appeal would be dismissed.

_______________________________________

2 CBCA 2025

On January 28, 2011, the CO issued a final decision in response to appellant’s claim.

That matter was then appealed on March 17, 2011, and docketed as CBCA 2347. By order of June 3, 2011, the Board confirmed to the parties that, as the new appeal had been filed, the Board would dismiss CBCA 2025 and incorporate all documents filed in conjunction with that appeal into CBCA 2347.

Accordingly, CBCA 2025 is DISMISSED.

HOWARD A. POLLACK

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Ceres Caribe, Inc., CBCA 2025. 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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