At Ease Sustainment LLC

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of - )
)
At Ease Sustainment LLC ) ASBCA No. 63083)
Under Contract No. SPE1C1-21-D-1421 )
APPEARANCE FOR THE APPELLANT: Randy E. Kleinman, Esq.
Gerstman Schwartz, LLP
Garden City, NY
APPEARANCES FOR THE GOVERNMENT: Daniel K. Poling, Esq.
DLA Chief Trial Attorney
Lindsay A. Salamon, Esq.
Kelly L. Diaz-Albertini, Esq.
Robert L. Kieffer, Esq.
Trial Attorneys
DLA Troop Support
Philadelphia, PA
ORDER OF DISMISSAL
By email dated November 3, 2021, appellant filed a notice of appeal with the
Board, which was docketed on November 8, 2021. Between August 23, 2022, and
November 21, 2022, appellant failed to respond to several Board Orders directing
appellant to submit its election of procedure. The Board sent each Order to the email
address utilized by appellant to file its notice of appeal. Additionally, the Board
attempted to contact appellant’s counsel via phone and left a message on December 19,
2022. To date, no response has been received.
By Order dated December 22, 2022, appellant was directed, within 21 days, to
either file its election of procedure or show cause why the appeal should not be dismissed
for failure to prosecute. The Show Cause Order was distributed to the parties on
December 23, 2022, but appellant has not responded. Accordingly, the above appeal is
dismissed with prejudice under Board Rule 17.
Dated: January 24, 2023
JOHN J. THRASHER
Administrative Judge
Chairman
Armed Services Board
(Signatures continued) of Contract Appeals
I concur I concur
RICHARD SHACKLEFORD OWEN C. WILSON
Administrative Judge Administrative Judge
Vice 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. 63083, Appeal of At Ease
Sustainment LLC, rendered in conformance with the Board’s Charter.
Dated: January 24, 2023
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
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