DISMISSED WITH PREJUDICE: September 18, 2007
CBCA 781
XEROX CORPORATION,
Appellant,
v.
AGENCY FOR INTERNATIONAL DEVELOPMENT,
Respondent.
Richard D. Lieberman of McCarthy, Sweeney & Harkaway, P.C., Washington, DC,
counsel for Appellant.
John B. Alumbaugh and William C. Buckhold, Office of the General Counsel,
Agency for International Development, Washington, DC, counsel for 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.
KULLBERG, Board Judge.
Order
On May 31, 2007, appellant brought this appeal citing the failure of the contracting officer to issue a decision on its claim of $49,260.37. On June 1, 2007, the Board ordered the Government to issue a contracting officer’s decision or advise when such a decision would be issued. The Board was subsequently advised by the parties during a conference call on September 6, 2007, that the Government was in the process of paying the various invoices that comprised appellant’s claim, but was not certain when all invoices would be paid. ______________________
2 CBCA 781
Board’s Conference Memorandum (Sept. 7, 2007). In light of the Government’s ongoing effort to pay the full amount of appellant’s claim, the Board’s September 7, 2007, Order suspended proceedings for a period up to forty-five days and further directed that the parties advise the Board on or before the end of the period of suspension whether this appeal could be dismissed with prejudice.
On September 12, 2007, appellant filed a motion to dismiss this appeal in that the Government had paid the entire amount of its claim. The Board deems appellant’s motion to be a request for a dismissal with prejudice.
Accordingly, this appeal is DISMISSED WITH PREJUDICE.
H. CHUCK KULLBERG
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Xerox Corporation, CBCA 781. 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.