Defense Holdings, Inc.

Armed Services Board of Contract Appeals

Defense Holdings, Inc.

CourtArmed Services Board of Contract Appeals

DecidedMarch 1, 2016

DocketASBCA No. 60116

StatusPublished

This text of Defense Holdings, Inc. (Defense Holdings, Inc.) is published on Counsel Stack Legal Research, covering Armed Services Board of Contract Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Defense Holdings, Inc., (asbca 2016).

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Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of -- ) ) Defense Holdings, Inc. ) ASBCA No. 60116 ) Under Contract Nos. N00024-04-C-4000 ) N68335-05-C-0135 ) N00178-05-D-4471 ) N68335-06-D-0007 ) FA8501-07-C-0014 ) M67854-07-C-1096 ) N00024-07-C-4207 ) W911 W6-09-D-0006 )

APPEARANCE FOR THE APPELLANT: Keith L. Baker, Esq. Baker, Cronogue, Tolle & Werfel McLean, VA

APPEARANCES FOR THE GOVERNMENT: E. Michael Chiaparas, Esq. DCMA Chief Trial Attorney Robert L. Duecaster, Esq. Trial Attorney Defense Contract Management Agency Chantilly, VA

ORDER OF DISMISSAL

By letter dated 16 February 2016, appellant advised the Board that it has filed for bankruptcy protection pursuant to Chapter 11 of the Bankruptcy Act. Appellant alleges that actions by the government, which is a scheduled creditor, to recover its claim outside of the bankruptcy proceedings are stayed. Accordingly, appellant moves for the appeal to be dismissed without prejudice, to which the government agrees.

The Board is unable to proceed with disposition of this appeal for an inordinate length of time due to factors not within the control of the Board. Accordingly, the appeal is hereby dismissed, pursuant to Board Rule l 8(b ), without prejudice to its restoration, subject to the time limit below. Appellant should advise the Board as soon as it is able to move forward with the processing of the appeal. The parties should note that unless either party or the Board acts to reinstate the appeal within one year from the date of this Order, the dismissal shall be deemed with prejudice.

Dated: 1 March 2016

~#= " N. TEMPL R Administrative Judge Acting Chairman Armed Services Board of Contract Appeals

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed Services Board ·of Contract Appeals in ASBCA No. 60116, Appeal of Defense Holdings, Inc., rendered in conformance with the Board's Charter.

Dated:

JEFFREY D. GARDIN Recorder, Armed Services Board of Contract Appeals

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ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of -- ) ) Defense Holdings, Inc. ) ASBCA No. 60116 ) Under Contract Nos. N00024-04-C-4000 ) N68335-05-C-0135 ) N00178-05-D-4471 ) N68335-06-D-0007 ) FA8501-07-C-0014 ) M67854-07-C-1096 ) N00024-07-C-4207 ) W911 W6-09-D-0006 )

APPEARANCE FOR THE APPELLANT: Keith L. Baker, Esq. Baker, Cronogue, Tolle & Werfel McLean, VA

APPEARANCES FOR THE GOVERNMENT: E. Michael Chiaparas, Esq. DCMA Chief Trial Attorney Robert L. Duecaster, Esq. Trial Attorney Defense Contract Management Agency Chantilly, VA

ORDER OF DISMISSAL

By letter dated 16 February 2016, appellant advised the Board that it has filed for bankruptcy protection pursuant to Chapter 11 of the Bankruptcy Act. Appellant alleges that actions by the government, which is a scheduled creditor, to recover its claim outside of the bankruptcy proceedings are stayed. Accordingly, appellant moves for the appeal to be dismissed without prejudice, to which the government agrees.

The Board is unable to proceed with disposition of this appeal for an inordinate length of time due to factors not within the control of the Board. Accordingly, the appeal is hereby dismissed, pursuant to Board Rule l 8(b ), without prejudice to its restoration, subject to the time limit below. Appellant should advise the Board as soon as it is able to move forward with the processing of the appeal. The parties should note that unless either party or the Board acts to reinstate the appeal within one year from the date of this Order, the dismissal shall be deemed with prejudice.

Dated: 1 March 2016

~#= " N. TEMPL R Administrative Judge Acting Chairman Armed Services Board of Contract Appeals

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed Services Board ·of Contract Appeals in ASBCA No. 60116, Appeal of Defense Holdings, Inc., rendered in conformance with the Board's Charter.

Dated:

JEFFREY D. GARDIN Recorder, Armed Services Board of Contract Appeals

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