DISMISSED WITH PREJUDICE: May 1, 2026
CBCA 8468
FOUR LLC,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Alexander B. Hastings of Morgan, Lewis & Bockius LLP, Washington, DC; and
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.
Clinton Small of Morgan, Lewis & Bockius LLP, Chicago, IL, counsel for Appellant. Elin Dugan, Office of the General Counsel, Department of Agriculture, San Francisco, CA; and Adam Humphries, Office of the General Counsel, Department of Agriculture, Washington, DC, counsel for Respondent.
LESTER, Board Judge.
Order
Appellant, Four LLC (Four), seeks damages for breach of contract, alleging that the Department of Agriculture’s Digital Infrastructure Services Center (DISC) breached terms contained in Four’s original quote, which Four contends were incorporated into Four’s task order through a bilateral modification providing that “[t]he attached quote . . . [is] incorporated.” On March 4, 2026, DISC filed a motion to dismiss the appeal. As DISC argued in its motion, and as Four later acknowledged, the quote containing the terms that DISC allegedly breached was not attached to the bilateral modification. Instead, a different document with alternative pricing information but not the terms from the original quote was attached to the modification. In its briefing on the motion, Four argued that the modification was ambiguous as to what quote was incorporated.
Although the parties have completed briefing on DISC’s motion, Four, on April 30, 2026, filed a motion for voluntary dismissal of this appeal. It represented that it has “determined that it is no longer in its best interest to continue prosecution of the claims in this matter” and that it “understands that such dismissal is with prejudice and that Appellant is forfeiting the claims stated in its complaint.” DISC does not oppose Four’s motion.
This appeal is DISMISSED WITH PREJUDICE.
Harold D. Lester, Jr.
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Four LLC, CBCA 8468. 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.