LDV, Inc.

• Court: Armed Services Board of Contract Appeals
• Decided: November 4, 2015
• Docket: ASBCA No. 58840
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of -- ) ) LDV, Inc. ) ASBCA No. 58840 ) Under Contract No. W912QR-05-C-0018 )

APPEARANCE FOR THE APPELLANT: John C. Ross, Esq. Harpst Ross, Ltd. Uniontown, OH

APPEARANCES FOR THE GOVERNMENT: Thomas H. Gourlay, Jr., Esq. Engineer Chief Trial Attorney Carlton A. Arnold, Esq. Engineer Trial Attorney U.S. Army Engineer District, Louisville

ORDER OF DISMISSAL FOR FAILURE TO PROSECUTE

By order dated 5 October 2015, appellant was ordered to either respond to the government's proposed hearing schedule or show cause why the appeal should not be dismissed for failure to prosecute within 21 days of the date of the order. Appellant received the show cause order on 9 October 2015, but has not responded. Appellant likewise had failed to respond to earlier Board orders. Accordingly, the above appeal is dismissed with prejudice under Board Rule 17.

Dated: 4 November 2015

MARK N. STEMPLER Administrative Judge Acting Chairman Armed Services Board of Contract Appeals

(Signatures continued) I concur I concur

RICHARD SHACKLEFORD Administrative Judge Adminis ative Judge 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. 58840, Appeal of LDV, Inc., rendered in conformance with the Board's Charter.

Dated:

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