DISMISSED WITH PREJUDICE: September 2, 2016
CBCA 4749-C(2397)
EM LOGGING,
Applicant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
R. Allan Payne of Doney Crowley P.C., Helena, MT, counsel for Applicant.
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.
Jennifer T. Newbold, Office of the General Counsel, Department of Agriculture, Missoula, MT, counsel for Respondent.
VERGILIO, Board Judge.
Order
EM Logging and the Department of Agriculture have resolved the application for attorney fees and costs (CBCA 4749-C(2397)), as well as the quantum issue following a determination that a termination for default was not supported by substantial evidence, EM Logging v. Department of Agriculture, 778 F.3d 1026 (Fed. Cir. 2015) (the default had been challenged initially at the Board, CBCA 2427). In accordance with a joint motion, dated September 1, 2016, which states that each party shall bear its own costs, attorney fees, and expenses, the Board DISMISSES WITH PREJUDICE this remaining case on the docket.
_______________________
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in EM Logging, CBCA 4749-C(2397). 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.