Name Redacted

ARMED SERVICES BOARD OF CONTRACT APPEALS
Appeal of - )
)
) ASBCA No. 61359)
Under Contract No. W91B4M-09-C-7104 )
APPEARANCE FOR THE APPELLANT:
President
APPEARANCES FOR THE GOVERNMENT: Scott N. Flesch, Esq.
Army Chief Trial Attorney
LTC Abraham L. Young, JA
Trial Attorney
ORDER OF DISMISSAL
By Order dated September 27, 2021, the Board suspended proceedings in this
appeal for one year because appellant ceased submitting the filings required by the
Board’s orders. We stated that unless we received communications from appellant
during the suspension, the Board intended to dismiss this appeal without prejudice.
During this time the Board has not received any further communications from appellant.
Accordingly, this appeal is hereby dismissed without prejudice pursuant to Board
Rule 18. Unless either party or the Board acts to reinstate the appeal within one year
from the date of this Order, the dismissal shall be deemed with prejudice, although if
appellant can later demonstrate that it was unable to respond to the Board in the time
given, it may seek to set the dismissal aside, and the Board will determine whether that
relief is just and permissible under the circumstances.
Dated: November 14, 2022
JOHN J. THRASHER
Administrative Judge
Chairman
Armed Services Board
of Contract Appeals
(Signatures continued)
I concur I concur
RICHARD SHACKLEFORD J. REID PROUTY
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 Opinion and Decision of the
Armed Services Board of Contract Appeals in ASBCA No. 61359, Appeal of
, rendered in conformance with the Board’s
Charter.
Dated: November 15, 2022
PAULLA K. GATES-LEWIS
Recorder, Armed Services
Board of Contract Appeals
2