DISMISSED FOR FAILURE TO PROSECUTE: January 25, 2012
CBCA 2458, 2459
AARON O’DANIEL,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Aaron O’Daniel, pro se, Carmi, IL.
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.
Scott F. McCleary, Office of Regional Counsel, General Services Administration, Chicago, IL, counsel for Respondent.
Before Board Judges POLLACK, McCANN, and DRUMMOND.
POLLACK, Board Judge.
On June 13, 2011, Aaron O’Daniel, appellant, filed appeals as to separate contracting officer decisions assessing him, in each, a penalty of $325 for not paying for and removing property bid on at a General Services Administration (GSA) auction, where Mr. O’Daniel was the low bidder. Mr. O’Daniel contended among other defenses that he never received the email message notifying him of his successful bids.
Due to the small amount in contention and the fact that Mr. O’Daniel was proceeding pro se, the Board did not ask for the standard pleadings, but instead held a telephone conference on August 3, 2011, with Mr. O’Daniel and counsel for GSA. After reviewing the facts as presented by both parties, the Board advised Mr. O’Daniel that there appeared to be disputed facts, so both parties would have an opportunity to provide additional information before the Board would make a decision. The Board then explained the procedures available __________________________________
2 CBCA 2458, 2459
to Mr. O’Daniel, including proceeding with affidavits and allowing him to elect the Board’s small claims or accelerated procedures. Mr. O’Daniel was not given a specific date to respond; however, he was directed to advise the Board as to how he wished to proceed. Thereafter, the Board received no response from Mr. O’Daniel. Consequently, on October 25, 2011, the Board issued an order directing Mr. O’Daniel to provide a response by November 7, 2011, as to an election of procedure. The order additionally recited that his failure to respond could result in a show cause order, which could lead to dismissal of his claims.
On December 1, 2011, the Board received a motion to dismiss from government counsel citing appellant’s failure to reply to Board directions.
By order dated December 1, 2011, appellant was given an additional opportunity to respond. The order explained that it was his responsibility to pursue his case and that the responsibility included responding to Board orders. The order further specified that appellant was to show cause by December 15, 2011, as to why the Board should not dismiss the appeal with prejudice for failure to prosecute.
Mr. O’Daniel has not responded to the December 1, 2011 order.
Decision
Accordingly, the Board DISMISSES the appeal FOR FAILURE TO PROSECUTE. HOWARD A. POLLACK
Board Judge
We concur:
R. ANTHONY McCANN
Board Judge
JEROME M. DRUMMOND
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Aaron O'Daniel, CBCA 2458, 2459. 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.