DISMISSED WITHOUT PREJUDICE: September 29, 2016
CBCA 5207
VETERANS CONTRACTING, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Scott R. Sylkatis of Sylkatis Law, LLC, Amherst, OH, 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.
David G. Fagan, Office of General Counsel, Department of Veterans Affairs, Portland, OR, counsel for Respondent.
VERGILIO, Board Judge.
Order
On February 12, 2016, the Board received from Veterans Contracting, Inc.
(contractor) a timely-filed notice of appeal concerning its contract, VA250-12-C-0111, with the Department of Veterans Affairs (agency). Formal proceedings were suspended at the request of the parties. On September 27, the Board received from the contractor a motion to dismiss without prejudice pursuant to Rule 12(d) (48 CFR 6101.12(d) (2015)) (“When circumstances beyond the control of the Board prevent the continuation of proceedings in a case, the Board may . . . dismiss the case without prejudice to reinstatement within 180 calendar days after the date of the dismissal”). The motion identifies no reason that might prevent the continuation of proceedings. The contractor is aware that the dismissal will act as a preclusion from pursuing the claim. The agency does not object to the dismissal, although it opines that voluntary dismissals are under Rule 12(c) and are with prejudice. Given the motion and lack of objection, the Board DISMISSES WITHOUT PREJUDICE the appeal.
______________________________
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Veterans Contracting, Inc., CBCA 5207. 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.