DISMISSED WITH PREJUDICE: June 4, 2013
CBCA 3372
ASH CREEK, LLC,
Appellant,
v.
DEPARTMENT OF THE INTERIOR
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.
Heide Foley, Asset Manager of Ash Creek, LLC, Sausalito, CA, appearing for Appellant.
Mary Anne Kenworthy, Office of the Solicitor, Department of the Interior, Portland, OR, counsel for Respondent.
WALTERS, Board Judge.
Order
The parties filed a joint motion requesting that the appeal be dismissed with prejudice, so that a new contracting officer decision may be issued. They explain that, since the appeal was filed, additional information has been made available to the contracting officer, that such information will require a new decision and that, if not satisfied with that new decision, appellant may appeal from it. Though not expressly stated, the motion indicates that the decision from which the instant appeal was filed has been retracted. Accordingly, the appeal is DISMISSED WITH PREJUDICE.
_______________________
RICHARD C. WALTERS
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Ash Creek, LLC,, CBCA 3131(2075)-REM. 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.