CBCA 5590

Board: CBCA Agency: General Services Administration Appellant: Quality Control International Date: 2017-09-05 Outcome: dismissed
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DISMISSED WITH PREJUDICE: September 5, 2017 CBCA 5590 QUALITY CONTROL INTERNATIONAL, Appellant, v. GENERAL SERVICES ADMINISTRATION, Respondent. Joseph A. Camardo, Jr., and Justin T. Huffman of Camardo Law Firm, P.C., Auburn, NY, counsel for Appellant. Robert W. Foltman and Joel Malkin, Office of Regional Counsel, General Services Administration, Chicago, IL, counsel for Respondent. LESTER, Board Judge. ORDER On August 31, 2017, the parties filed a joint motion to dismiss this appeal. They represent that they have settled their dispute and that respondent, the General Services Administration (GSA), has paid in full its obligations under the agreement. The parties’ motion is granted. Although the parties do not indicate in their motion whether the dismissal should be with or without prejudice, the request for dismissal is based upon a bilateral settlement. In such circumstances, dismissal of the appeal with prejudice is appropriate. See CBCA 5590 2 Ralph Muhammad v. Department of Justice, CBCA 5188, 16-1 BCA ¶ 36,541, at 178,019 (when mootness results from a bilateral settlement through which claims are permanently withdrawn, a dismissal with prejudice is appropriate). Accordingly, this appeal is DISMISSED WITH PREJUDICE. _________________________________ HAROLD D. LESTER, JR. Board Judge