MOTION TO DISMISS DENIED: March 26, 2015
CBCA 4083, 4092
ARTIS BUILDERS, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Williams L. Bruckner and Thomas M. Regan of Bruckner Law Firm, APC, San
Diego, CA, counsel for Appellant.
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.
Mary A. Mitchell, Office of Regional Counsel, Department of Veterans Affairs, Houston, TX, counsel for Respondent.
Before Board Judges SOMERS, STERN, and ZISCHKAU.
ZISCHKAU, Board Judge.
On October 15, 2014, respondent filed a motion to dismiss these consolidated appeals on the ground that the Board’s initial scheduling order set the date for filing of the complaint as October 14, 2014, but appellant actually filed the complaint on October 15, 2014.
Respondent’s motion is entirely without merit. First, as noted in the Board’s order issued on October 16, 2014, the Board had previously held a status conference with the parties on September 16, 2014, at which time the parties advised that they desired to mediate their dispute. At that September 16 conference, the Board suspended the deadlines for pleadings and the Board advised the parties that they should consult with whoever would be appointed as the Board neutral to identify the specific materials that the Board neutral would need to effectively assist the parties in mediating the dispute. Thus, appellant did not violate any order by the Board under the initial scheduling order when it filed a complaint on October 15, 2014.
Decision
Respondent’s motion to dismiss is DENIED.
Appellant shall provide to respondent by close of business March 26, 2015, a breakdown of the incurred costs of performance, as discussed in the March 25 status conference.
________________________________
JONATHAN D. ZISCHKAU
Board Judge
We concur:
JERI K. SOMERS
Board Judge
JAMES L. STERN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Artis Builders, Inc., CBCA 4083, 4092. 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.