DISMISSED FOR FAILURE TO PROSECUTE: March 14, 2014
CBCA 3179
PERSAUD COMPANIES, INC.,
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.
Andy Persaud, President of Persaud Companies, Inc., Bethesda, MD, appearing for Appellant.
Jay Bernstein, Office of General Counsel, General Services Administration, Washington, DC, counsel for Respondent.
Before Board Judges DANIELS (Chairman), VERGILIO, and STEEL.
STEEL, Board Judge.
For the reasons below, the Board grants the motion of the General Services Administration (GSA) to dismiss for failure to prosecute.
Background
Persaud Companies, Inc. (PCI) filed a notice of appeal to this Board on January 7, 2013. Along with the filing of appellant’s complaint on April 19, 2013, lawyers of the firm Thompson Hine LLP entered their appearance as legal counsel to appellant. The Board received respondent’s answer on May 20, 2013. On July 12, 2013, appellant’s counsel filed a motion for leave to withdraw as counsel of record for appellant. The Board granted the motion and ordered appellant to show cause on or before Monday, August 5, 2013, why the appeal should not be dismissed for failure to prosecute. On September 18, 2013, respondent filed a motion to dismiss the appeal for failure to prosecute, asserting that appellant abandoned the case. Appellant has failed to respond to both the Board’s order and respondent’s motion.
Board precedent dictates that dismissal for failure to prosecute is appropriate when an appellant is unresponsive to an order requiring action by the appellant. See Ryll International, LLC v. Department of Transportation, CBCA 2069, 13 BCA ¶ 35,331; Cecelia Sutton v. General Services Administration, CBCA 2810, 12-2 BCA ¶ 35,158. To date, appellant has not responded to the order to show cause or respondent’s motion. Dismissal is warranted.
Decision
The appeal is DISMISSED FOR FAILURE TO PROSECUTE.
CANDIDA S. STEEL
Board Judge
We concur:
STEPHEN M. DANIELS
Board Judge
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Persaud Companies, Inc, CBCA 3179. 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.