CBCA 65

Janet M. Nesse, Trustee

Dec 15, 2011Judge DanielsDEPARTMENT OF HOMELAND SECURITY
Not published in the listingSettled

Key Facts

Appellant
Janet M. Nesse, Trustee
Respondent agency
DEPARTMENT OF HOMELAND SECURITY
Judge
Daniels
Case number
CBCA 65
Decided
Dec 15, 2011The decision states Dec 15, 2011 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
Stinson Morrison Hecker LLP
Outcome
Settled
The motion is granted.
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
Janet M. Nesse and Lawrence P. Block
Stinson Morrison Hecker LLP
Washington, DC
For the respondent
Jennifer L. Longmeyer-Wood
Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security
Washington, DC
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.

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Full Decision

Full text of the decision2 pages, 1,737 characters, read from the Board's own documentDecided Dec 15, 2011 on its own faceRespondent DEPARTMENT OF HOMELAND SECURITY Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED WITH PREJUDICE: December 15, 2011

CBCA 65

JANET M. NESSE, TRUSTEE,

Appellant,

v.

DEPARTMENT OF HOMELAND SECURITY,

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.

Janet M. Nesse and Lawrence P. Block of Stinson Morrison Hecker LLP, Washington, DC, counsel for Appellant.

Jennifer L. Longmeyer-Wood, Office of the Principal Legal Advisor, Immigration and Customs Enforcement, Department of Homeland Security, Washington, DC, counsel for Respondent.

DANIELS, Board Judge (Chairman).

Order

USProtect Corporation (USProtect) claimed that pursuant to requirements of the Service Contract Act, it was entitled to an increase of $439,387.15 in payments under a contract with the Department of Homeland Security for the provision of guard services at various federal buildings in California. In 2005, the contractor appealed to the Department of Transportation Board of Contract Appeals from the contracting officer’s deemed denial of the claim. When that board was consolidated into the Civilian Board of Contract Appeals in 2007, this case was transferred to us.

_________________________

2 CBCA 65

USProtect subsequently filed for bankruptcy under Chapter 7 of the Bankruptcy Code, and Janet M. Nesse was appointed trustee for the estate of the corporation. Following lengthy settlement negotiations, the trustee represents that she and the United States reached a global resolution of all claims between USProtect and the Federal Government, including the one at issue in this case. The settlement agreement was approved by the Bankruptcy Court on November 21, 2011.

On December 14, 2011, the appellant (now Ms. Nesse as trustee) moved the Board to dismiss this case with prejudice.

The motion is granted. The case is DISMISSED WITH PREJUDICE.

STEPHEN M. DANIELS

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Janet M. Nesse, Trustee, CBCA 65. 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.

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