CBCA 528

George P. Gobble

Sep 12, 2007Judge ParkerGENERAL SERVICES ADMINISTRATION
Not published in the listingRuled on a motion

Key Facts

Appellant
George P. Gobble
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Parker
Case number
CBCA 528
Decided
Sep 12, 2007The decision states Sep 12, 2007 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
Ruled on a motion
GSA's MOTION FOR SUMMARY RELIEF is DENIED.
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

The topic rules ran over this decision's own words and none of them matched.

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)
George P. Gobble
Vinton, VA
For the respondent
Gabriel N. Steinberg
Office of Regional Counsel, General Services Administration
Atlanta, GA
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.

Research This Decision

Create a free account to open this decision in the CBCA workspace: a grounded decision brief drafted from the Board's own words, the Insights dashboard over the whole corpus, and the filtered browser.

CBCA Decision Brief

A Workflows Hub brief on this decision, drafted from the captured text with every quote and authority checked against it.

Insights

Who prevails before the Board, by topic and by judge, with every denominator visible: merits rulings, not decisions.

Browse with Filters

The whole corpus by year, decision type, topic, judge and disposition, searchable across the decisions' own text.

Full Decision

Full text of the decision3 pages, 4,827 characters, read from the Board's own documentDecided Sep 12, 2007 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

Cases cited

2 cases this decision cites, in the order it first names them. 2 of them open at a publisher.

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.

MOTION FOR SUMMARY RELIEF DENIED: September 12, 2007

CBCA 528

GEORGE P. GOBBLE,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

George P. Gobble, pro se, Vinton, VA.

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.

Gabriel N. Steinberg, Office of Regional Counsel, General Services Administration, Atlanta, GA, counsel for Respondent.

Before Board Judges PARKER, BORWICK, and DEGRAFF.

PARKER, Board Judge.

The General Services Administration (GSA) has filed a motion for summary relief in connection with George P. Gobble’s appeal of a contracting officer decision terminating his contract for default and assessing liquidated damages. The damages were assessed for Mr. Gobble’s failure to pay for a trailer he allegedly purchased at a GSA online auction. Mr. Gobble claims that he did not bid on the trailer, or even participate in the auction. Because there are material facts in dispute, we deny GSA’s motion.

2 CBCA 528

Background

On July 19, 2006, someone using Mr. Gobble’s registered username and password was the high bidder for a trailer at a GSA online auction. When notified of the award, Mr. Gobble told the GSA contracting officer that he had not bid on the item and had not used his GSA account for years. Mr. Gobble explained that, as a computer repairman, he keeps a computer at the front of his store for use by his customers, and he suspects that someone may have discovered his account information through the use of a nefarious computer program or virus.

The contracting officer’s supervisor suggested that Mr. Gobble file reports with his credit bureau (his credit card had been used in the auction) and/or the police department and forward them to GSA. When no documentation had been received by the August 7, 2006, deadline set by the contracting officer’s supervisor, GSA issued a default determination and assessment of liquidated damages in the amount of $1000 (twenty percent of the $5000 purchase price, as provided in the terms and conditions of the sale). After more telephone conversations, Mr. Gobble was given until September 7 to produce the requested information. Mr. Gobble states that due to both his and the GSA employees’ vacation schedules and other communications difficulties, he was not able to fax the information to the contracting officer until September 12. The faxed information consisted of a July 29 letter from Experian’s Consumer Fraud Assistance group informing Mr. Gobble that the firm had added a security alert to his credit file and a copy of a letter from the Vinton, Virginia, police department showing that Mr. Gobble had filed on September 8 a complaint of “computer/identity fraud[.] Someone placed order for a Travel Trailer on subject’s Computer.” Appeal File, Exhibit 15. The contracting officer decided to consider the information submitted by Mr. Gobble, but found it insufficient to establish identity theft. On September 13, the contracting officer sent a letter reaffirming his decision to terminate the contract for default. This appeal ensued.

Discussion

Summary relief is appropriate when the moving party is entitled to judgment as a matter of law, based on undisputed material facts. The moving party bears the burden of demonstrating the absence of genuine issues of material fact. All justifiable inferences must be drawn in favor of the nonmovant. Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986). A fact is considered to be material if it will affect the Board’s decision, and an issue is genuine if enough evidence exists such that the fact could reasonably be decided in favor of the nonmovant after a hearing. Fred M. Lyda v. General Services Administration, CBCA 493 (July 17, 2007); John A. Glasure v. General Services Administration, GSBCA 16046, 03-2 BCA ¶ 32,284.

_______________________

_________________________ ________________________

3 CBCA 528

The issue raised by Mr. Gobble is certainly material: GSA acknowledges that if someone illegally obtained Mr. Gobble’s account information and used it to bid on the trailer, Mr. Gobble likely will not be held to have breached a contract with GSA. The issue is also genuine: Mr. Gobble’s testimony, combined with evidence of his reporting the theft of his identity to the credit bureau and to the police could result in the issue being reasonably decided in Mr. Gobble’s favor. This is especially so at this juncture because we are required, for purposes of deciding this motion, to make all justifiable inferences in Mr. Gobble’s favor. Accordingly, because a genuine issue of material fact exists, GSA is not entitled to judgment as a matter of law, and the motion must be denied.

Decision

GSA’s MOTION FOR SUMMARY RELIEF is DENIED. Very shortly, the Board will issue an order on further proceedings.

ROBERT W. PARKER

Board Judge

We concur:

ANTHONY S. BORWICK

Board Judge

MARTHA H. DEGRAFF

Board Judge

This is a verbatim capture of the text layer of the Board's own document in George P. Gobble, CBCA 528. 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.

Related Decisions

Same Judge

Same Year

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.