CBCA 3285

Anthony Moore

Apr 17, 2014Judge SteelDEPARTMENT OF AGRICULTURE
Not published in the listingDismissed on other grounds

Key Facts

Appellant
Anthony Moore
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
Steel
Case number
CBCA 3285
Decided
Apr 17, 2014The decision states Apr 17, 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
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Dismissed on other grounds
This appeal is DISMISSED FOR FAILURE TO PROSECUTE.
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

Procedure and sanctions

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.

Appearances

For the appellant (pro se)
Anthony Moore
Alamosa, CO
For the respondent
Daniel B. Rosenbluth
Office of the General Counsel, Department of Agriculture
Golden, CO
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 decision3 pages, 2,541 characters, read from the Board's own documentDecided Apr 17, 2014 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Authorities cited

1 authority read from this decision's own text, grouped by the body of law each comes from. Select one to read it at its publisher.

Agency FAR supplements1

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Cases cited

1 case this decision cites, in the order it first names it. No published copy of any of them was confirmed, so each is shown without a link.

Kadin Corp. v. United States782 F.2d 175(Fed. Cir. 1986)

Read from the decision's own words with no model involved: the party names and the citation are as the decision prints them. A case cited to a reporter is not held here, so where it opens was confirmed one citation at a time against an outside database and is labelled as leaving this app; a citation that database could not place, or matched to more than one case, is shown without a link rather than guessed at. A case named without a citation of any kind carries nothing to read, so it is left out rather than guessed at, and this is a floor on what the decision cites.

DISMISSED FOR FAILURE TO PROSECUTE: April 17, 2014

CBCA 3285

ANTHONY MOORE,

Appellant,

v.

DEPARTMENT OF AGRICULTURE,

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.

Anthony Moore, pro se, Alamosa, CO.

Daniel B. Rosenbluth, Office of the General Counsel, Department of Agriculture, Golden, CO, counsel for Respondent.

Before Board Judges GOODMAN, STEEL, and SHERIDAN.

STEEL, Board Judge.

Appellant, Anthony Moore1, appealed a decision regarding the purchase of timber from the Department of Agriculture under the Hunter Gulch Timber Sale contract no. 1202-120984.

1This case was initially docketed, incorrectly, as Hunter Gulch Salvage Sale v. Department of Agriculture. The name of the appellant is corrected with this decision.

Discussion

The Board initially issued an order dated March 19, 2013, requesting the complaint be filed on or before April 19, 2013. Appellant subsequently requested three extensions of time in which to file the complaint. The Board granted these requests, but appellant has failed to file a complaint. The Board has since issued several orders requesting appellant to either file a complaint or explain why this matter should not be dismissed for failure to prosecute. On March 20, 2014, the Board issued an order to show cause, ordering appellant to either file the complaint or show cause on or before April 1, 2014, why this appeal should not be dismissed for failure to prosecute. Appellant has failed to comply with any of the Board’s orders since this matter was docketed.

Board Rule 33(c), Sanctions, provides:

When a party or its representative or attorney . . . fails to comply with any direction or order issued by the Board . . . , the Board may make such orders as are just, including the imposition of appropriate sanctions. The sanctions may include:

. . .

(6) Dismissing the case.

48 CFR 6101.33(c) (2013).

This rule makes clear that the Board has authority to dismiss a case for failure to prosecute. As this Board has held, this authority is reserved for situations where parties have repeatedly failed to comply with the tribunal’s orders. Medtek, Inc. v. Department of Veterans Affairs, CBCA 1544, 09-2 BCA ¶ 34,285; see Kadin Corp. v. United States, 782 F.2d 175, 176 (Fed. Cir. 1986). This is such a situation, as appellant has failed to comply with any of the Board’s orders or otherwise prosecute this appeal.

Decision

This appeal is DISMISSED FOR FAILURE TO PROSECUTE. _________________________ CANDIDA S. STEEL

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 Anthony Moore, CBCA 3285. 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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