DISMISSED AS MOOT: April 21, 2014
CBCA 2652-R, 2845-R
SUMMIT COMMERCE POINTE, LLC,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
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.
Brett S. Wacker, Richard Sandquist, and Andrew M. Mast of Clark Hill PLC, Washington, DC, counsel for Appellant.
Leslie M. Busch, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges STERN, HYATT, and SHERIDAN.
STERN, Board Judge.
On August 22, 2013, Summit Commerce Pointe, LLC (appellant) filed a motion for reconsideration of the Board’s order of July 23, 2013, dismissing the appeal for lack of jurisdiction. Prior to the Board deciding the motion, appellant filed a petition for review of the order with the United States Court of Appeals for the Federal Circuit (Court of Appeals). On November 25, 2013, the Board issued an order stating that as a result of appellant’s petition the Board would not render a decision on the motion for reconsideration unless requested or directed to do so by the Court of Appeals.
On March 10, 2014, the Court of Appeals dismissed the appeal for failure to prosecute and failure to comply with an order issued by the Court. A dismissal for failure to prosecute operates as an adjudication on the merits, unless stated otherwise. See Fed. R. Civ. P. 41(b). The Board’s order of July 23, 2013, is final.
Decision
The motion for reconsideration is DISMISSED AS MOOT.
JAMES L. STERN
Board Judge
We concur:
CATHERINE B. HYATT
Board Judge
PATRICIA J. SHERIDAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Summit Commerce Pointe, LLC, CBCA 2652-R, 2845-R. 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.