GRANTED IN PART: May 12, 2014
CBCA 2798
SUNRISE VA MEDICAL, LLC,
Appellant,
v.
DEPARTMENT OF VETERAN 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.
Carter B. Reid of Watt, Tieder, Hoffar & Fitzgerald, L.L.P., McLean, VA, counsel for Appellant.
James C. Wagner, Office of General Counsel, Department of Veterans Affairs, Washington, DC, counsel for Respondent.
Before Board Judges SOMERS, HYATT, and POLLACK.
POLLACK, Board Judge.
On May 2, 2014, the parties submitted a joint stipulation for judgment on stipulated settlement, which provided that the parties had entered into an agreement through stipulation of settlement under which the issues subject to the appeal have all been resolved.
In settlement, the Government agrees to pay appellant $3,400,000, such amount to include all costs, direct and indirect that are related to the appeal, including but not limited to attorney fees and interest due under the Contract Disputes Act (CDA) 41 U.S.C. §§ 7101-7109 (2012). The parties ask that the Board enter judgment for $3,400,000 with payment to be made through the permanent indefinite judgement fund. The settlement agreement provided with the joint stipulation of the parties provides that neither party will seek reconsideration of, or relief from the Board’s decision and neither party will appeal the Board’s decision.
Decision
The Board GRANTS IN PART the appeal. In accordance with the parties’ stipulation and settlement agreement, the Board awards appellant $3,400,000 for all claims under the subject appeal. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304 (2012).
____________________________
HOWARD A. POLLACK
Board Judge
We concur:
JERI K. SOMERS
Board Judge
CATHERINE B. HYATT
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Sunrise Va Medical, LLC, CBCA 2798. 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.