CBCA 2947

XEROX Corporation

Dec 16, 2014Judge DrummondDEPARTMENT OF HEALTH AND HUMAN SERVICES
Not published in the listingGranted in partby agreement

Key Facts

Appellant
XEROX Corporation
Respondent agency
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Judge
Drummond
Case number
CBCA 2947
Decided
Dec 16, 2014The decision states Dec 16, 2014 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
Sheppard, Mullin, Richter & Hampton LLP
Outcome
Granted in partEntered by agreement of the parties.
This appeal is GRANTED IN PART in the amount of $86,622.40, inclusive of interest and costs, to be paid in accordance with 31 U.S.C. § 1304 (2012).
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

Jurisdiction and timelinessPayment and interest

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. They are ordered strongest first.

Appearances

For the appellant
Jonathan S. Aronie and Louis D. Victorino and Ryan E. Roberts
Sheppard, Mullin, Richter & Hampton LLP
Washington, DC
For the respondent
Jason A. Blindauer and Christopher M. Johnson
Office of the General Counsel, Department of Health and Human Services
Washington, DC
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, 1,943 characters, read from the Board's own documentDecided Dec 16, 2014 on its own faceRespondent DEPARTMENT OF HEALTH AND HUMAN SERVICES Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

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Other statutes1

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GRANTED IN PART: December 16, 2014

CBCA 2947

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 August 24, 2012, and involves a certified claim by Xerox for unpaid invoices.

On December 12, 2014, the parties filed a joint motion for entry of decision by stipulation, which states in relevant part: As of December 11, 2014, the parties reached a settlement regarding Xerox’s appealed claim; By executing their Settlement Agreement and filing this Motion, the parties hereby stipulate to a Decision by the Board awarding eighty six thousand, six hundred and twenty two dollars, and forty cents ($86,622.40) 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 $86,622.40, 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 2947. 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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