Eijad Shaher Construction Material Company ( 2021 )

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of - )
)
Eijad Shaher Construction Material Company ) ASBCA No. 62149)
Under Contract No. W91B4N-18-P-8050 )
APPEARANCE FOR THE APPELLANT: Mr. Abdul Qader Sultani
President
APPEARANCES FOR THE GOVERNMENT: Scott N. Flesch, Esq.
Army Chief Trial Attorney
MAJ Nicholas Lucchetti, JA
CPT Brian C. Habib, JA
MAJ Seth Ritzman, JA
Trial Attorneys
ORDER OF DISMISSAL
The Board first ordered appellant to respond to the government’s discovery
request on October 7, 2020. Appellant responded to that Order, stating that it had
already provided all discovery to the government. The Board issued an Order on
November 19, 2020, informing appellant that it did not fully comply previously and
again ordering appellant to comply with the government’s discovery requests. In the
Order, the Board warned that failing to comply could lead to dismissal for failure to
prosecute the appeal. The Board also amended the schedule, ordering discovery to be
completed by February 19, 2021. Appellant did not respond to this Order. Because
the close of discovery was approaching, the government renewed its motion to compel
discovery and informed the Board that appellant would not reply to any attempted
communications. On January 21, 2021, the Board suspended the schedule, again
warned appellant that failure to comply with the Order could lead to dismissal for
failure to prosecute the appeal, ordered appellant to respond to the government’s
discovery requests, and ordered appellant to answer the government’s motion by
February 5, 2021. Appellant did not respond to the Order. The government filed a
motion requesting the Board dismiss the appeal with prejudice because appellant failed
to respond to the Order or communicate with the government. On March 9, 2021, the
Board ordered appellant to show cause as to why the appeal should not be dismissed
with prejudice and to explain its failure to respond to any discovery requests or
communications with the government. The Board allowed appellant until
March 30, 2021, to respond. Appellant has not responded.
Appellant has repeatedly failed to respond to the Board’s Orders. Accordingly,
the above appeal is dismissed with prejudice under Board Rule 17.
Dated: April 7, 2021
HEIDI L. OSTERHOUT
Administrative Judge
Armed Services Board
of Contract Appeals
I concur I concur
RICHARD SHACKLEFORD OWEN C. WILSON
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. 62149, Appeal of Eijad Shaher
Construction Material Company, rendered in conformance with the Board’s Charter.
Dated: April 8, 2021
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals