CBCA 664

Pacific Wildfire, LLC

Sep 16, 2008Judge DrummondDEPARTMENT OF AGRICULTURE
Not published in the listingDismissed on other grounds

Key Facts

Appellant
Pacific Wildfire, LLC
Respondent agency
DEPARTMENT OF AGRICULTURE
Judge
Drummond
Case number
CBCA 664
Decided
Sep 16, 2008The decision states Sep 16, 2008 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
The decision's own appearances block names no outside firm, which happens when the appellant appeared pro se, through one of its own officers, or through its in-house counsel.
Outcome
Dismissed on other grounds
This appeal is DISMISSED FOR FAILURE TO PROSECUTE pursuant to Rule 12 of the Board's Rules of Procedure.
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

Procedure and sanctions

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
Tyler Robertson
Pacific Wildfire, LLC
Gig Harbor, WA
For the respondent
Elin M. Dugan
Office of the General Counsel, Department of Agriculture
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.

Research This Decision

Create a free account to open this decision in the CBCA workspace: a grounded decision brief drafted from the Board's own words, the Insights dashboard over the whole corpus, and the filtered browser.

CBCA Decision Brief

A Workflows Hub brief on this decision, drafted from the captured text with every quote and authority checked against it.

Insights

Who prevails before the Board, by topic and by judge, with every denominator visible: merits rulings, not decisions.

Browse with Filters

The whole corpus by year, decision type, topic, judge and disposition, searchable across the decisions' own text.

Full Decision

Full text of the decision3 pages, 3,997 characters, read from the Board's own documentDecided Sep 16, 2008 on its own faceRespondent DEPARTMENT OF AGRICULTURE Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED FOR FAILURE TO PROSECUTE: September 16, 2008

CBCA 664

PACIFIC WILDFIRE, LLC,

Appellant,

v.

DEPARTMENT OF AGRICULTURE,

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.

Tyler Robertson, Partner of Pacific Wildfire, LLC, Gig Harbor, WA, appearing for Appellant.

Elin M. Dugan, Office of the General Counsel, Department of Agriculture, Washington, DC, counsel for Respondent.

Before Board Judges SOMERS, McCANN, and DRUMMOND.

DRUMMOND, Board Judge.

Order

This appeal is before us on an order to show cause why it should not be dismissed with prejudice for failure to prosecute. For reasons set forth below, appellant has failed to show good cause and this appeal is dismissed.

The Board’s reference to “Pacific Wildfire, Inc.” in this appeal was incorrect.

The appellant’s correct legal status is limited liability corporation, or “LLC.” Accordingly, it is hereby ordered that the caption in this appeal shall be corrected to read “Pacific Wildfire, LLC.”

2 CBCA 664

On April 17, 2008, respondent filed a motion to dismiss, or in the alternative, to compel discovery (Government’s motion). The Government moved to dismiss on the grounds that appellant had ignored the date for the completion of written discovery stated in the Board’s order scheduling further proceedings dated July 24, 2007, and failed to respond to the Government’s discovery requests.

By order dated April 18, 2008, the Board directed appellant to respond to the Government’s motion to dismiss by May 8, 2008. Appellant failed to file a response as ordered. Subsequently, on May 13, 2008, the Board ordered appellant to, inter alia, respond to the Government’s motion by June 2, 2008. When appellant failed to respond to the May 13, 2008, order, the Board issued an order to show cause on June 25, 2008. The June 25, 2008, order required appellant to show cause by July 10, 2008, as to why the appeal should not be dismissed for failure to prosecute, and for failure to respond to the Government’s motion.

Appellant failed to meet the July 10, 2008, deadline. On July 11, 2008, the Board received via facsimile a letter from appellant. The letter was prepared by partner Eric Helpenstell, who represented that appellant was still seeking to retain new counsel, and therefore needed additional time to respond to the Government’s discovery. Mr. Helpenstell stated further that a suit for dissolution of the partnership had been initiated in the United States District Court, Western District of Washington (district court) and that he wanted to enter his appearance to represent appellant. Appellant did not request leave to file this response out of time.

Parties have a duty to comply with the orders of the Board or to request appropriate, timely relief from those orders with which they cannot comply. Appellant, as the moving party, has an obligation to pursue the prosecution of its appeal in a timely, responsible manner or to bear the risk of having its case dismissed. In this appeal, not only did appellant not file a response to the show cause order on time, it failed to respond to the Government’s motion and to show good cause for its prior failures. Appellant’s letter filed on July 11, 2008, although out of time, is not a response to the Government’s motion, nor is it an adequate response to the order to show cause. While legal counsel may be desirable, it is not necessary for answering discovery or for otherwise prosecuting an appeal. The Board can _______________________

The record contains no evidence that the district court appointed a receiver to represent appellant in this appeal.

3 CBCA 664

find no basis to further extend these proceedings or to enter the appearance of Mr. Helpenstell, as no good cause exists for avoiding dismissal of this appeal. Accordingly, Mr. Helpenstell’s request is denied.

This appeal is DISMISSED FOR FAILURE TO PROSECUTE pursuant to Rule 12 of the Board’s Rules of Procedure.

JEROME M. DRUMMOND

Board Judge

We concur:

JERI KAYLENE SOMERS

Board Judge

R. ANTHONY McCANN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Pacific Wildfire, LLC, CBCA 664. 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.

Related Decisions

Same Judge

Same Topic

Same Year

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.