Tessada & Associates, Inc.

• Court: Armed Services Board of Contract Appeals
• Decided: March 7, 2016
• Docket: ASBCA No. 59446
• Status: Published

Opinion

ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of-- ) ) Tessada & Associates, Inc. ) ASBCA No. 59446 ) Under Contract No. NNA09DB40C )

APPEARANCE FOR THE APPELLANT: Tami J. Howie, Esq. Executive Vice President and General Counsel

APPEARANCES FOR THE GOVERNMENT: Scott W. Barber, Esq. NASA Chief Trial Attorney Colleen Burt, Esq. Kevin F. Kouba, Esq. Trial Attorneys NASA Ames Research Center Moffett Field, CA

ORDER OF DISMISSAL FOR FAIL URE TO PROSECUTE

By letter to the Board dated 20 November 2015, with supporting attachments, government counsel advised the Board that appellant's assets had been acquired by Fort Sill Apache Industries, LLC (FSA Industries) and that appellant's counsel had accepted a new position at a different business enterprise.

By letter to appellant's counsel dated 23 November 2015, the Board ordered appellant's counsel to advise the Board whether she remained counsel of record in the appeal and whether the "appellant remains a corporate entity in pursuit of this appeal, or whether FSAIL or other successor entity currently is in pursuit of this appeal." Appellant was also copied on this Order at its last known business address. Neither appellant nor appellant's counsel responded to this Order.

By letter to appellant's counsel dated 12 January 2016, the Board issued an Order to Show Cause, directing appellant to show cause, no later than 1 February 2016, why this appeal should not be dismissed with prejudice for failure to prosecute. Appellant was also copied on this Order at its last known business address. Neither appellant nor appellant's counsel responded to this Order.

By letter to FSA Industries dated 2 February 2016, the Board ordered FSA to contact the Board in writing, no later than 1 March 2016, if it was the successor to appellant and wished to prosecute this appeal on its behalf. The Order concluded as follows: "If the Board does not hear from you by 1 March 2016, it may DISMISS THIS APPEAL WITH PREJUDICE FOR FAIL URE TO PROSECUTE WITHOUT FURTHER NOTICE." FSA Industries did not respond to this Order.

In view of the foregoing ASBCA No. 59446 is hereby dismissed with prejudice for failure to prosecute, under Board Rule 17.

Dated: 7 March 2016

Administrative Judge Armed Services Board of Contract Appeals

I concur I concur

RICHARD SHACKLEFORD 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. 59446, Appeal ofTessada & Associates, Inc., rendered in conformance with the Board's Charter.

Dated:

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