CBCA 2458, 2459

Aaron O'Daniel

Jan 25, 2012Judge PollackGENERAL SERVICES ADMINISTRATION
Not published in the listingDismissed on other grounds

Key Facts

Appellant
Aaron O'Daniel
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Pollack
Case number
CBCA 2458, 2459This cell names 2 dockets: 2458, 2459.
Decided
Jan 25, 2012The decision states Jan 25, 2012 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
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Dismissed on other grounds
Accordingly, the Board DISMISSES the appeal FOR FAILURE TO PROSECUTE.
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

Procedure and sanctions

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 (pro se)
Aaron O’Daniel
Carmi, IL
For the respondent
Scott F. McCleary
Office of Regional Counsel, General Services Administration
Chicago, IL
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, 2,828 characters, read from the Board's own documentDecided Jan 25, 2012 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

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.

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