DISMISSED WITH PREJUDICE: September 5, 2017
CBCA 5590
QUALITY CONTROL INTERNATIONAL,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
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.
Joseph A. Camardo, Jr., and Justin T. Huffman of Camardo Law Firm, P.C., Auburn, NY, counsel for Appellant.
Robert W. Foltman and Joel Malkin, Office of Regional Counsel, General Services Administration, Chicago, IL, counsel for Respondent.
LESTER, Board Judge.
Order
On August 31, 2017, the parties filed a joint motion to dismiss this appeal. They represent that they have settled their dispute and that respondent, the General Services Administration (GSA), has paid in full its obligations under the agreement. The parties’ motion is granted. Although the parties do not indicate in their motion whether the dismissal should be with or without prejudice, the request for dismissal is based upon a bilateral settlement. In such circumstances, dismissal of the appeal with prejudice is appropriate. See Ralph Muhammad v. Department of Justice, CBCA 5188, 16-1 BCA ¶ 36,541, at 178,019 (when mootness results from a bilateral settlement through which claims are permanently withdrawn, a dismissal with prejudice is appropriate). 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 Quality Control International, CBCA 5590. 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.