BOARD OF CONTRACT APPEALS U.S. GOVERNMENT PRINTING OFFICE WASHINGTON, DC 20401 In the Matter of ) ) the Appeal of ) ) MORENO ENTERPRISES, INC. ) Docket No. GPOBCA 10-97 Jacket No. 565-036 ) Purchase Order 8756-S ) DECISION AND ORDER DISMISSING APPEAL UNDER RULE 31 FOR FAILURE TO PROSECUTE On June 23, 1998, pursuant to Rule 31 of the Board Rules, the Board issued a Rule to Show Cause Why Appeal Should Not be Dismissed for Failure to Prosecute (Rule to Show Cause), directing the Appellant to state its reasons for not complying with the requirements of the Board Rules, and in particular, by not submitting its Rule 6(a) Complaint, although 13 months had elapsed since it received the Board's docketing notice on May 19, 1997. The Rule to Show Cause directed the Appellant to submit a written response to the Board within fifteen (15) days from its receipt, showing such cause as it may have as to why the appeal should not be dismissed with prejudice for failure to prosecute. The Board sent the Rule to Show Cause by certified mail to the Appellant at its address of record: Mr. Robert Moreno, President, Moreno Enterprises, Inc. 1015 Pittsburg Avenue Baton Rouge, LA 70802-4237 On July 23, 1998, however, the Rule to Show Cause was returned to the Board after the U.S. Postal Service made two unsuccessful attempts to deliver it. The Board then called the Appellant's office to verify its address. The Board was given a new address, 955 Choctaw Drive, Baton Rouge, LA 70805. Two more attempts to serve the Rule to Show Cause on the Appellant at its new address was made by the Board. These attempts were equally unavailing, and the letters were returned to the Board on August 10, 1998 and September 11, 1998, respectively, as unclaimed. Rule 31 allows the Board to dismiss an appeal whenever the record discloses, inter alia, that a party has: (1) failed to file documents required by the rules; (2) respond to the Board's notices or correspondence; or (3) otherwise indicates an intention not to continue the orderly prosecution or defense of an appeal. Board Rules, Rule 31. Based on the foregoing facts, it is clear to the Board that dismissal is justified in this case on one or more of those grounds. That is, the record in this appeal amply demonstrates that the Appellant has ignored the Board's rules and directives with respect to pleadings, has failed to respond to the Board's correspondence, and has otherwise indicated an intention not to continue the orderly prosecution of its appeal. No other conclusion is warranted by its failure to file a timely Complaint or respond to the Rule to Show Cause. See Rosemark, GPOBCA 30-90 (April 22, 1994), slip op. at 4, 1994 WL 275076; Bedrock Printing Company, GPOBCA 05-91 (April 10, 1992), slip op. at 5-6 (citing David M. Noe, AGBCA No. 88-155-1, 89-1 BCA ¶ 21,560; Leonard V. West, PSBCA No. 1443, 86-3 BCA ¶19,060). The Board has attempted to give the Appellant an opportunity under 31 of the Board Rules to show cause why its appeal should not be dismissed for failure to prosecute. Through no fault of the Board's, the Appellant has not responded to the Rule to Show Cause in this case. Consequently, the Appellant has not made a showing that the appeal should not be dismissed for failure to prosecute. Therefore, the appeal is DISMISSED with prejudice for failure to prosecute. It is so Ordered. September 14, 1998 RONALD BERGER Ad Hoc Chairman