CBCA 5590
Board: CBCA
Agency: General Services Administration
Appellant: Quality Control International
Date: 2017-09-05
Outcome: dismissed
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withdrawn, a dismissal with prejudice is appropriate).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