DISMISSED WITH PREJUDICE: December 8, 2017
CBCA 5419
APP ARCHITECTURE, INC,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
David M. Rickert of Auman, Mahan & Furry, Dayton, 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.
Neil S. Deol, Office of General Counsel, Department of Veterans Affairs, Decatur, GA, counsel for Respondent.
LESTER, Board Judge.
Order
On December 6, 2017, appellant, App Architecture, Inc., filed an unopposed motion to dismiss this appeal, representing that the parties have executed a settlement agreement resolving the parties’ dispute and that all terms of that settlement have been fulfilled. Appellant’s motion is granted. Although appellant does not indicate in its motion whether the dismissal should be with or without prejudice, dismissal with prejudice is appropriate where based upon a bilateral settlement. Quality Control International v. General Services Administration, CBCA 5590, 17-1 BCA ¶ 36,900, at 179,800. Accordingly, this appeal is DISMISSED WITH PREJUDICE.
__________________________________
HAROLD D. LESTER, JR.
Board Judge
This is a verbatim capture of the text layer of the Board's own document in App Architecture, Inc., CBCA 5419. 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.