Fast Works Company for General Trading Ltd.
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Opinion
ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of - ) ) Fast Works Company for General Trading ) ASBCA No. 63015 Ltd. ) ) Under Contract No. W56KGZ-20-P-6033 )
APPEARANCE FOR THE APPELLANT: Mr. Mezgin Saeed Mohsin President
APPEARANCES FOR THE GOVERNMENT: Scott N. Flesch, Esq. Army Chief Trial Attorney MAJ Jason C. Coffey, JA Dana J. Chase, Esq. Trial Attorneys
ORDER OF DISMISSAL
On December 7, 2022, the government filed a motion to dismiss for failure to prosecute. The appellant has not responded to the government’s motion. As set forth in the government’s motion, the appellant has disregarded all attempts by the government to engage in communication since February 1, 2022, and has not responded to the government’s attempts to engage in discovery in this matter (gov’t mot. at 2-4, 6). ∗
On February 16, 2023, the Board ordered appellant to either submit its brief or file a request for additional time to submit its brief responding to the government’s motion to dismiss by no later than March 8, 2023. The Board’s Order warned that it may dismiss this appeal for failure to prosecute without providing any further notice to appellant.
∗ We have reviewed the correspondence attached to the government’s motion which reflects that the government sent its correspondence to the same address that the Board has for appellant. As of March 15, 2023, appellant has not filed its response or a request for an extension. Appellant likewise has failed to respond or to communicate with the government in more than one year. Accordingly, the above appeal is dismissed with prejudice pursuant to Board Rule 17.
Dated: March 22, 2023
KENNETH D. WOODROW Administrative Judge Armed Services Board of Contract Appeals
I concur I concur
RICHARD SHACKLEFORD J. REID PROUTY Administrative Judge Administrative Judge Acting Chairman Vice Chairman Armed Services Board Armed Services Board of Contract Appeals 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. 63015, Appeal of Fast Works Company for General Trading Ltd., rendered in conformance with the Board’s Charter.
PAULLA K. GATES-LEWIS Recorder, Armed Services Board of Contract Appeals
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