DISMISSED WITH PREJUDICE: May 18, 2011
CBCA 2140
SINGLETON ENTERPRISES-GMT MECHANICAL,
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.
Wayne Singleton, Joint Venture Partner of Singleton Enterprises-GMT Mechanical, Luthersville, GA, appearing for Appellant.
Lisa M. Clark, Office of the Regional Counsel, Department of Veterans Affairs, Brecksville, OH, counsel for Respondent.
POLLACK, Board Judge.
Order
On April 14, 2011, the Board was notified by counsel for the Government that the parties have settled the appeal. Following that notification, the Board contacted appellant for purposes of confirming the settlement. In response, appellant filed a proposed, unsigned joint stipulation which affirms the settlement and which asks the Board to adopt the stipulation by decision. When a matter is settled, the Board’s general procedure is to acknowledge the settlement and then dismiss the appeal with prejudice. The Board typically does not adopt stipulations by decision nor does it require certificates of finality, absent circumstances where funding is to be provided through the judgment fund. In this case, the Board understands that the funding is available at the agency.
________________________________
2 CBCA 2140
Accordingly, based on representations by each party of their agreement to settle the claim, the appeal is DISMISSED WITH PREJUDICE.
HOWARD A. POLLACK
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Singleton Enterprises-GMT Mechanical, CBCA 2140. 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.