DISMISSED FOR FAILURE TO PROSECUTE: August 23, 2007
CBCA 73
MANUEL ROSADO,
Appellant,
v.
DEPARTMENT OF HOMELAND SECURITY,
Respondent.
Manuel Rosado, pro se, Miami, FL.
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.
William M. Stevens, Customs and Border Protection, Department of Homeland Security, Washington, DC, appearing for Respondent.
Before Board Judges DANIELS (Chairman), STERN and SOMERS.
SOMERS, Board Judge.
Order
This appeal arose out of a contract for the sale of a vehicle pursuant to a government public auction held in Port Everglades, Florida, on December 15, 2005. EG&G Technical Services (EG&G) conducted the auction on behalf of the Department of Homeland Security, __________________________
Previously, this case had been incorrectly docketed by the Department of Transportation Board of Contract Appeals (DOTBCA) with EG&G Technical Services identified as appellant. The case was transferred to this Board effective January 6, 2007, upon consolidation of the various civilian boards of contract appeals. See Pub. L. No. 109 163, § 847, 119 Stat. 3136 (2006).
2 CBCA 73
Customs and Border Protection. The terms of the contract required appellant, Manuel Rosado, to pick up the purchased property by December 22, 2005. In January 2006, Mr. Rosado attempted to retrieve the property from EG&G. EG&G refused to release the property. In a letter dated January 27, 2006, EG&G informed Mr. Rosado that he had been placed in default for his failure to pick up the property by the date required. By decision dated May 19, 2006, the contracting officer denied Mr. Rosado’s request for reconsideration. Mr. Rosado filed this appeal on May 24, 2006.
By letter dated July 12, 2006, the contracting officer advised the DOTBCA that the parties had reached a settlement. By order dated August 15, 2006, the DOTBCA ordered appellant to file a written notice withdrawing the appeal, or, alternatively, requested that the parties file a written stipulation of dismissal. Since that time, the DOTBCA and this Board have attempted to contact appellant several times, without success. Therefore, based upon appellant’s failure to prosecute his appeal, the appeal is dismissed.
Accordingly, this appeal is DISMISSED FOR FAILURE TO PROSECUTE.
JERI KAYLENE SOMERS
Board Judge
We concur:
STEPHEN M. DANIELS
Board Judge
JAMES L. STERN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Manuel Rosado, CBCA 73. 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.