GRANTED IN PART: August 28, 2014
CBCA 2812
XEROX CORPORATION,
Appellant,
v.
DEPARTMENT OF HEALTH AND HUMAN SERVICES,
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.
Jonathan S. Aronie, Louis D. Victorino, and Ryan E. Roberts of Sheppard, Mullin, Richter & Hampton LLP, Washington, DC, counsel for Appellant.
Jason A. Blindauer and Christopher M. Johnson, Office of the General Counsel, Department of Health and Human Services, Washington, DC, counsel for Respondent.
Before Board Judges GOODMAN, DRUMMOND, and SHERIDAN.
DRUMMOND, Board Judge.
The above-captioned appeal was filed on April 12, 2012, and involves twenty-six claims which Xerox supplemented with additional, allegedly unpaid invoices on August 24 and 28, 2012.
On August 25, 2014, the parties filed a joint motion for entry of decision by stipulation, which states in relevant part: As of August 8, 2014, the parties reached a global settlement regarding all twenty-six claims (including added invoices) arising out of this case; By executing their Settlement Agreement and filing this Motion, the parties hereby stipulate to a Decision by the Board awarding two hundred and sixty nine thousand, two hundred and fifty nine dollars, and seventeen cents ($269,259.17) to Xerox, as payee; and The parties further stipulate as follows: (a) they will not seek reconsideration of, or relief from, the Board’s decision; (b) they will not appeal the decision; and (c) they understand that the Board’s decision pursuant to this joint motion is an adjudication of the case on the merits.
Decision
Pursuant to the agreement of the parties and Rule 25(b), the Board adopts the parties’ joint motion for entry of decision by stipulation, and in accordance with the parties’ settlement agreement, the Board enters judgement as requested. This appeal is GRANTED IN PART in the amount of $269,259.17, inclusive of interest and costs, to be paid in accordance with 31 U.S.C. § 1304 (2012).
__________________________
JEROME M. DRUMMOND
Board Judge
We concur:
ALLAN H. GOODMAN
Board Judge
PATRICIA J. SHERIDAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in XEROX Corporation, CBCA 2812. 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.