DISMISSED WITHOUT PREJUDICE: May 10, 2019
CBCA 6191
CALVARY CONTRACTING, INC.,
Appellant,
v.
DEPARTMENT OF VETERANS AFFAIRS,
Respondent.
Peter D. Welin of McDonald Hopkins, LLC, Columbus, 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.
Mary A. Mitchell, Office of the General Counsel, Department of Veterans Affairs, Houston, TX; and Donald C. Mobly, Office of Chief Counsel, Department of Veteran Affairs, Denver, CO, counsel for Respondent.
SHERIDAN, Board Judge.
The Board is in receipt of the parties’ joint stipulation requesting voluntary dismissal of the above-captioned appeal without prejudice pursuant to a May 3, 2019, settlement agreement entered into between the parties. A telephone conference was conducted on May 9, 2019, where the parties revealed that this appeal had been resolved by the Department of Veterans Affairs (VA) contracting officer reinstating the contract in accordance with Federal Acquisition Regulation (FAR) 49.102(d), in addition to other stipulations set forth in the settlement agreement.
Board Rule 12(b)(2) allows for voluntary dismissal where the parties jointly move “for dismissal with or without prejudice.” Civilian Board of Contract Appeals Rules of Procedure for Contract Disputes Act Cases, 83 Fed. Reg. 41,009 (Aug. 17, 2018) (to be codified at 48 CFR pt. 6101). Accordingly, this appeal is DISMISSED WITHOUT PREJUDICE.
Patricia J. Sheridan
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Calvary Contracting, Inc., CBCA 6191. 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.