CBCA 714

Dale D. Barnett

Oct 18, 2007Judge SternGENERAL SERVICES ADMINISTRATION
Not published in the listingDismissed on other grounds

Key Facts

Appellant
Dale D. Barnett
Respondent agency
GENERAL SERVICES ADMINISTRATION
Judge
Stern
Case number
CBCA 714
Decided
Oct 18, 2007The decision states Oct 18, 2007 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
In accordance with Board Rule 12, the appeal is DISMISSED FOR FAILURE TO PROSECUTE.
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 (pro se)
Dale D. Barnett
Coosada, AL
For the respondent
Gabriel N. Steinberg
Office of Regional Counsel, General Services Administration
Atlanta, GA
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, 1,869 characters, read from the Board's own documentDecided Oct 18, 2007 on its own faceRespondent GENERAL SERVICES ADMINISTRATION Decision documentOfficial source: Civilian Board of Contract Appeals, Contract Disputes Act cases

DISMISSED FOR FAILURE TO PROSECUTE: October 18, 2007

CBCA 714

DALE D. BARNETT,

Appellant,

v.

GENERAL SERVICES ADMINISTRATION,

Respondent.

Dale D. Barnett, pro se, Coosada, AL.

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.

Gabriel N. Steinberg, Office of Regional Counsel, General Services Administration, Atlanta, GA, counsel for Respondent.

Before Board Judges STERN, BORWICK, and McCANN.

STERN, Board Judge.

Order

Appellant, Dale D. Barnett, filed this appeal on April 23, 2007, from the decision of a contracting officer of the General Services Administration (GSA) assessing appellant liquidated damages in the amount of twenty percent of his bid of $2675 at a GSA auction. Appellant allegedly bid on merchandise at the auction, but failed to retrieve the property and make payment.

The Board docketed the appeal on April 24, 2007. An order on further proceedings was sent to the parties on April 26, 2007. Respondent filed its appeal file on May 22, 2007. ____________________________

__________________________ ___________________________

2 CBCA 714

Appellant has not filed its complaint. In addition, in order to schedule proceedings, the Board made numerous attempts to place a conference call. The Board has been unable to contact appellant at the telephone number provided to the Board.

By letter dated July 31, 2007, the Board advised appellant of the Board’s inability to contact him. Appellant was asked to contact the Board immediately. No response was received from appellant.

On September 4, 2007, the Board issued an order to show cause to appellant.

Appellant was ordered to show cause within fourteen days why the appeal should not be dismissed for failure to prosecute. Appellant has failed to respond to this order. In accordance with Board Rule 12, the appeal is DISMISSED FOR FAILURE TO PROSECUTE.

JAMES L. STERN

Board Judge

We concur:

ANTHONY S. BORWICK

Board Judge

R. ANTHONY McCANN

Board Judge

This is a verbatim capture of the text layer of the Board's own document in Dale D. Barnett, CBCA 714. 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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