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.
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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.